Nintendo Crucifies DS Pirate: 30 Months & $100,000

rhythm_tengoku_gold

Nintendo’s campaign against piracy has scored another victory with a Nintendo DS pirate being handed a two and half year prison sentence and force to pay $100,000 in penalty, after he made a game available for free download.

The Kyoto district court heard that the defendant, a 38-year-old Osaka salaryman, distributed Nintendo DS software online, violating Nintendo’s copyright and trademarks.

Prosecutors sought a four and a half year prison sentence, ¥2,000,000 in fines, and a further ¥7,100,000 in confiscations. The judge granted all of their requests save the lengthy prison sentence, which he reduced to 2 and a half years.

The accused man made Rhythm Tengoku Gold freely available for download from his homepage, proclaiming “the age of DS software downloads,” as well as duplicating the game in China. The confiscations apparently stem from revenues he concealed in the course of other fraudulent activities, including selling counterfeit goods.

The judge was keen to hang the pirate high, lambasting him for his wicked assault on struggling console giant Nintendo, even if he did not consider the sort of sentence handed out to thieves and rapists appropriate:

“His criminal conduct tramples on the huge development costs of the copyright holders who develop this software. It is clear that he did great monetary harm to the rights holders.”

Via 47news.

Nintendo, based in Kyoto, seems to enjoy a favourable relationship with courts. Whether it can defeat piracy by technical means as well remains to be seen…


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    Comment by Anonymous
    17:15 04/08/2009 # ! Neutral (0)

    "The confiscations apparently stem from revenues he concealed in the course of other fraudulent activities, including selling counterfeit goods."

    The U.S. government convicted and jailed American gangster Al Capone for tax evasion (as opposed to murder, violation of the National (alcohol) Prohibition Act, illegal gun trafficking, prostitution, conspiricy to commit, etc.).

    Why? Because that was what they could most easily prove.

    This guy might be in a similar boat ("other fraudulent activities, including selling counterfeit goods" is not as bad as what Capone did) -- they prosecuted him on what they could most easily prove.

    Comment by VDZ
    19:12 04/08/2009 # ! Neutral (0)

    Exactly. I quote from the article:
    "as well as duplicating the game in China. The confiscations apparently stem from revenues he concealed in the course of other fraudulent activities, including selling counterfeit goods."
    In other words, he was selling bootleg games. He was making people pay for pirated games, meaning people still have to shelve out cash, but none of it goes to Nintendo.
    I think he deserves 30 months for being such a bastard. Either you pirate and make things free, or they buy it legally. Just leeching off Nintendo like that is harmful to everybody except the guy himself, and he should be punished for being the selfish asshole he is.

    Bootleggers =/= Software pirates
    Bootleggers scam you, while software pirates make software available for free. Don't mix them up, please.

    Comment by Anonymous
    17:12 04/08/2009 # ! Neutral (0)

    This sounds like good cash. I'm going to sue myself to get money!

    Comment by Metalbunny
    19:31 04/08/2009 # ! Neutral (0)

    eh...I don't play the ds anyway..
    Japan doesn't give us translated goodies so why would i play a biased game from stingy japan companies?

    Comment by MARl0
    13:40 04/08/2009 # ! Neutral (0)

    He got off easy as far as I'm concerned. No respect for pirates from me.

    Comment by Chen
    20:29 04/08/2009 # ! Neutral (0)

    So you disrespect humanity? Self-loathing is kinda sad. Or wouldn't you be happy to receive games as a gift?

    Comment by Anonymous
    09:08 27/02/2011 # ! Neutral (0)

    Not that guy, but I would not to be happy to receive stolen games, mind you.

    08:14 28/09/2009 # ! Neutral (0)

    You're pretty bitter why not join some cult and get a ride on the next UFO out of here and make us all happier.

    Comment by Phail
    15:00 04/08/2009 # ! Neutral (0)

    ......................"Nigger"

    Avatar of kajunbowser
    Comment by kajunbowser
    12:35 25/08/2009 # ! Neutral (0)

    Doing stupid s#it like this in their own backyard... I pity the fool. He is extremely lucky he didn't get thrown in the proverbial volcano with Nintendo's legal power in Kyoto, yes he is.

    08:12 28/09/2009 # ! Neutral (0)

    It is ridiculous he got 30 months for one measly game.
    Now the dumbass judge of this case has cost the people of Japan 2,000,000 yen housing this guy in prison for the next 30 months.
    The judge is obviously bought and paid for and you'd see a Nintendo logo on his ass if you pants him.
    This also means Yakuza goes free early.
    Think about it when someone gets arrested for a victimless crime.
    A prison has limited capacity it's not like the phantom zone someone has to go free sometimes when someone is arrested.
    I doubt Nintendo lost 2,000,000 yen from the guy's actions but he was a retard to have post it on a site registered in his name.

    Really crimes like this should carry zero prison time instead take away his rights to use the internet ,force him to give anti piracy talks etc for x time and give him community service.

    Comment by Anonymous
    09:48 04/08/2009 # ! Neutral (0)

    so Nintendo 1 Pirates 21345635243

    Comment by the blargness monster
    Comment by Anonymous
    10:05 04/08/2009 # ! Neutral (0)

    heh yeah Nintendo is just wasting its time..

    Avatar of FSF
    Comment by FSF
    10:35 04/08/2009 # ! Neutral (0)

    I don't know about "wasting time". Though Nintendo is doing little to deter singular leeches, even the slightest move towards active prosecution of uploaders can affect some level of change. They might be using a squirt gun to extinguish an inferno but some part of that fire is feeling the consequence. I mean, they fucked up that guy's life pretty bad.

    And it might be important to point out that he was involved in "other fraudulent activities" that undoubtedly contributed to his sentence.

    Comment by Chen
    20:22 04/08/2009 # ! Neutral (0)

    ehm,.. do you live in countries were suing someone is for free? Where I live, you have to pay thousends of Euros and if you win, hell, you lost your money but won't get anything back from one poor bastard. He pirated for the reason of not having any money to buy in the first place.

    Think about it, do you honestly expect him to pay the 100 000$ ? Who the fuck does have that kind of money anyway?

    So it's basically Nintendo wasting time and money for accomplishing shit. Unless suing is for free in japan.

    Comment by Chen
    05:19 06/08/2009 # ! Neutral (0)

    Whats the difference between "everybody is doing it, but it is illegal" and "everybody is doin it". Right, a formality. It's impossible to hunt down every single pirate out there. Even the attempt is just wasting time and money. If you got a murdere, you can just punish him, but how the fuck do you go against every single goddamn human out ther (including yourself)? (Yeah, that's my logic. You can punish one, but not everyone, hence what everybody does is legal and Yeah, if everybody wants to kill people, then we are having a war and guess what, killing and raping becomes legal!)

    I'm not saying pirating is good either, but I do it anyway. It's not like I killed someone and I wouldn't have bought the product in the first place. So everything feels right about pirating stuff. If I like something I still buy it.

    Avatar of FSF
    Comment by FSF
    10:27 05/08/2009 # ! Neutral (0)

    @Chen

    There are a few things standing in the way of that happening:

    Economics, social order, moral codes, business ethics, responsibility and every other fucking thing that civilization is hinges on.

    Avatar of FSF
    Comment by FSF
    01:02 05/08/2009 # ! Neutral (0)

    I'm not a lawyer (though my father is one, ironically) especially a Japanese lawyer but "suing" someone is completely different than presenting criminal charges and demanding direct compensation. In the first case, neither party maintains fault. You'll have a plaintiff waging a defendant and the case takes place in open, non-discriminatory court where the judge will hear both sides.

    This however, was not the case. The man was accused of criminal conduct (of which he was later found guilty [probably by jury]) the case took place in criminal court and the prosecutors, therefore, sought compensation. Nintendo might have had to pay court fees, such as booking a court date, but I don't think they'll have any problem throwing out a hundred or two. And I know they have their own company lawyers.

    And yes, I honestly expect him to pay the $100,000 over an extended period. If not only for the sole reason if he doesn't, it's illegal and he'll spend MORE time in jail. No one expect a few have that kind of money laying around but that's the point.

    Comment by Hamster678
    07:37 05/08/2009 # ! Neutral (0)

    So let's assume that most people would want to rape and kill other people, if so then it means that it should be made legal?
    This is really strange logic...
    I'm not saying that I'm a saint - i also pirate stuff from time to time, but at least I'm not pretending that this is a good thing.

    Comment by Chen
    05:54 05/08/2009 # ! Neutral (0)

    Well, if they would fuck up my life (impossible, I am still happy with my SNES and don't plan to buy new consoles for decades to come), but if they would, I would delibarately not pay any Cent and enjoy my carefree life in prison. (Well, in my country life in prison is carefree and comfortable.) I wouldn't see any need to pay such an amount of money. It's illegal, hence the law should be altered, so it becomes legal. Don't most of us live in something called democraty (= popular government), so what most people want should be okay. Most people want to pirate stuff, so it should be made, so that it will be okay.

    Comment by Anonymous
    12:10 04/08/2009 # ! Neutral (0)

    Yeah, there's no reason not to sue people. It's money that makes up for the loss of sales due to piracy and it goes straight to the developers which encourages companies to continue making games.

    Avatar of Blitz
    Comment by Blitz
    11:44 04/08/2009 # ! Neutral (0)

    I have to agree...there's no point prosecuting. Nobody is going to stop pirating just because some unlucky (well, rather, stupid) guy got busted.

    Avatar of FSF
    Comment by FSF
    12:01 04/08/2009 # ! Neutral (0)

    Maybe not but they took down at least one. And that small triumph is money in someone's pocket. That's a victory for them, however small we perceive it to be.

    Avatar of C27
    Comment by C27
    11:26 04/08/2009 # ! Neutral (0)

    Honestly, I think they do it because ruining some poor sap's life makes their dicks hard.

    Comment by Anonymous
    09:43 04/08/2009 # ! Neutral (0)

    Many pros and cons to this. . .

    Comment by Anonymous
    09:40 04/08/2009 # ! Neutral (0)

    too bad there's this massive country across the sea pirating the hell out of japanese console and handheld games and everything else japanese and japan can't do shit about it.

    Comment by Anonymous
    Comment by Emphraim
    16:29 04/08/2009 # ! Neutral (0)

    He means China.

    Comment by SCB
    22:40 04/08/2009 # ! Neutral (0)

    I LOLed.

    Comment by Anonymous
    04:54 05/08/2009 # ! Neutral (0)

    I was thinking the U.S., but eh what's the difference?

    Comment by Infernal
    09:37 04/08/2009 # ! Neutral (0)

    No matter how much companies try to curb such activities, there will always be a replacement sooner or later. But it's pretty stupid to openly advertise “the age of DS software downloads” to begin with. Don't know why but this reminds me of that old article of that girl's myspace escapades.

    Comment by LemonMango
    09:49 04/08/2009 # ! Neutral (0)

    The quote from the judge made me think of the judge from Phoenix Wright.

    Comment by Anonymous
    10:12 04/08/2009 # ! Neutral (0)

    Software piracy makes my dick soft.

    Avatar of Y10NRDY
    Comment by Y10NRDY
    09:27 04/08/2009 # ! Neutral (0)

    "YO GIMME YO FRUIT COCKTAIL!"

    Comment by Better be annon on this one..
    09:14 04/08/2009 # ! Neutral (0)

    Hi, I'm in here a year and a half for nearly beating a woman to death.. and you?

    I'm in here two and a half year for pirating a Nintendo DS game.

    Be my bitch!

    Comment by childishaztec
    11:22 05/08/2009 # ! Neutral (0)

    The sentences really don't make any sense there...

    but still pretty neat to hear about.

    Comment by Anonymous
    09:26 04/08/2009 # ! Neutral (0)

    Tsk tsk, the economy is way more important than womens or even the planet.

    Comment by Anonymous
    19:58 04/08/2009 # ! Neutral (0)

    Uho

    Comment by Anonymous
    09:24 04/08/2009 # ! Neutral (0)

    Does such a soap-dropping environment exist in Japanese prisons?

    Comment by Anonymous
    09:13 04/08/2009 # ! Neutral (0)

    I wonder why they call it "piracy" in the first place. It's a far too romanticized word for such an activity. I promote the use of the word "shitcocking" for what we currently refer to as software piracy.

    Comment by Anonymous
    09:56 04/08/2009 # ! Neutral (0)

    The word you're looking for is "copyright infringement."

    Avatar of onitake
    Comment by onitake
    10:16 04/08/2009 # ! Neutral (0)

    only if there _is_ such a thing as "copyright".
    many countries have long opted to adopt such a concept, others are considering it less important.

    recently, better alternatives have been discussed, but with such overwhelmingly corrupt and neoliberalist state powers, there's little hope for improvement. sic.

    Comment by Anonymous
    19:56 04/08/2009 # ! Neutral (0)

    What the fuck do you mean, only if there is such a thing? Of course there's such a fucking thing as copyright. Most civilised countries are bound to respect it via numerous international laws. Take your dickhead moon laws back to where you came from.

    Avatar of skriticos
    Comment by skriticos
    09:16 04/08/2009 # ! Neutral (0)

    Technically it's counterfeit. (No, it's not stealing, think about it).

    Avatar of CowExtract
    Comment by CowExtract
    11:17 04/08/2009 # ! Neutral (0)

    Let's use the new term in this articles headline as an example: "Nintendo Crucifies DS Shitcocker: 30 Months & $100,000"

    Comment by Chen
    20:15 04/08/2009 # ! Neutral (0)

    What exactly does "shitcocking" mean? Sounds like an made up fantasy word to me. Let's just call it communism. Because that is what piracy is.

    Avatar of Titolion
    Comment by Titolion
    09:10 04/08/2009 # ! Neutral (0)

    FOR GREAT JUSTICE!!!

    Avatar of GHS
    Comment by GHS
    13:12 04/08/2009 # ! Neutral (0)

    WATCH YOURSELF!!!

    Comment by Storm WIng
    14:51 04/08/2009 # ! Neutral (0)

    No, for the benefit of Nintendo.

    Avatar of Blitz
    Comment by Blitz
    09:08 04/08/2009 # ! Neutral (0)

    What an idiot. You don't host pirated material on a host registered under your name and then bait the copyright holder by proclaiming it "the age of free DS software."

    Comment by Himitsu-saite
    18:58 05/08/2009 # ! Neutral (0)

    Piracy : worst than rape, murder and child molestation.

    get to work, Japan.

    Comment by Anonymous
    09:18 04/08/2009 # ! Neutral (0)

    The only true constant in the universe seems to be the stupidity of humanity.

    Comment by elc
    10:30 04/08/2009 # ! Neutral (0)

    2nded

    Comment by Anonymous
    10:31 04/08/2009 # ! Neutral (0)

    amen.

    Comment by Anonymous
    15:39 04/08/2009 # ! Neutral (0)

    Internet rule 95 in action.

    Comment by x-Tremera
    15:28 04/08/2009 # ! Neutral (0)

    K.O. ...

    esperemos que lo lleven a la prision FuChu.. asi se la vivira chingon

    Avatar of XerosXIII
    Comment by XIII
    15:12 04/08/2009 # ! Neutral (0)

    LIAR!

    Avatar of kamanashi
    Comment by Kamanashi
    12:35 04/08/2009 # ! Neutral (0)

    Objection!

    Comment by Uchida
    12:32 04/08/2009 # ! Neutral (0)

    C-C-C-COMBO BREAK

    Avatar of Akari Ichinose
    Comment by kesadisan
    22:41 04/08/2009 # ! Neutral (0)

    new

    Comment by SenseiSyaoranLi
    22:37 04/08/2009 # ! Neutral (0)

    old

    Comment by BB
    01:09 05/08/2009 # ! Neutral (0)

    die

    Avatar of Icy-nee-san
    Comment by Icy-nee-san
    08:58 05/08/2009 # ! Neutral (0)

    One word reply

    Comment by Jacko
    11:43 04/08/2009 # ! Neutral (0)

    Samuraiman.

    Comment by Anonymous
    11:34 04/08/2009 # ! Neutral (0)

    Be a man, do the right thing!

    Avatar of Bill Lumbergh
    Comment by Draken
    11:34 04/08/2009 # ! Neutral (0)

    Annoying anonymouses.....

    Comment by Anonymous
    11:04 04/08/2009 # ! Neutral (0)

    batman!!

    Comment by Anonymous
    10:51 04/08/2009 # ! Neutral (0)

    semen

    Comment by cancel
    10:50 04/08/2009 # ! Neutral (0)

    bmen

    Avatar of Eriol-kun
    Comment by Eriol-kun
    11:38 04/08/2009 # ! Neutral (0)

    And even that seems to fluctuate in an increasing trend.





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