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    Nintendo DS

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    The Nintendo DS is a handheld featuring two screens, one of which is a resistive touchscreen. Four different models are available: the original DS, the DS Lite, the DSi, the DSi XL.

    Is pirating the DS worth going to gaol for?

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    oldschool

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    #1  Edited By oldschool

     With gaol time a potential outcome, would you risk being a pirate?
     

    If I could look this good, it would be worth going to gaol  :-) 
    If I could look this good, it would be worth going to gaol  :-) 
     
     
     
     
     
     
     
     
     
     Case in point: 
     
    A 38 year old Japanese man, Yoshiaki Asagiri, got  two and a half years gaol from the Kyoto District Court for distributing DS games on a website.  He should have known that Nintendo does not take these activities lightly.  To compound his troubles, he was also hit with a $96,000 US fine to go with it. 
     
    This was no minor indiscretion though.  He was hosting over 1,000 DS games for the world to share.  Perhaps he thought he was doing a community service?  The judge described his activities as "trampling" the efforts of those who create the games, with all the time, money and effort involved.
     
     Do you think that two and a half years gaol is really appropriate for this type of crime?  Is society really well served by putting non violent criminals of this type in prisons and will it really deter others?  Also, are those who download these games as bad as the provider as no market exists without demand?   
     
    I do remember that Ubisoft is complaining that DS piracy is hurting their profits, but is it really?  Perhaps it is because they are making crap games?  Are people downloading games that they had no intention of buying anyway, just because they could and is this in effect, a no loss scenario?
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    EdIsCool

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    #2  Edited By EdIsCool

    It comes down again to downloads dont equal purchases.More than likely Nintendo or whoever took the case was all like, this site had a gigajillion downloads and all of those would have been money for us..wah!" and the jury bought it resulting in an overly tough sentence.
    The above point is true if they dont enforce mandatory minimum sentences...if they do enforce them then gah! thats fucked up.

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    PlyrYaKA

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    #3  Edited By PlyrYaKA

    I'm guessing "gaol"=jail

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    EdIsCool

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    #4  Edited By EdIsCool

    yeah its an old spelling..*wikis for details...and great justice*

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    oldschool

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    #5  Edited By oldschool
    @PlyrYaKA said:
    " I'm guessing "gaol"=jail "
    Yes, different spelling, pronounced exactly the same.
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    Jeust

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    #6  Edited By Jeust

    Piracy though understandable, as in most cases, it is not jusfifyable. 
     
    But going to jail is a wee too much. 
     
    But i agree with the fine. 
     
    Though this measure is just a trick to scare the masses of piracy.  
     
    If they where to lock every pirate, instead of apartments and houses, the civil constructors would build prisions.

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    WilliamRLBaker

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    #7  Edited By WilliamRLBaker

    except not all pirates get put into jail. he was put into jail because the massive nature of his pirating.

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    Jeust

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    #8  Edited By Jeust
    @WilliamRLBaker said:

    " except not all pirates get put into jail. he was put into jail because the massive nature of his pirating. "

    Yep.  
     
    But instead of pirating they should ask a fine that would make the person in question stop on his tracks. 
     
    Its arguable if there is anything gain from throwing him in prision.
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    oldschool

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    #9  Edited By oldschool
    @Jeust said:
    " @WilliamRLBaker said:

    " except not all pirates get put into jail. he was put into jail because the massive nature of his pirating. "

    Yep.   But instead of pirating they should ask a fine that would make the person in question stop on his tracks.  Its arguable if there is anything gain from throwing him in prision. "
    I personally have a philosophical aversion to prisons being used for non violent criminals.  Home detention would serve society much better in most cases - the exception being the recidivists who just won't learn.  Let them still work and pay their debt through this method - work and home, nothing else, with the added security of tracking to ensure it happens.  Much cheaper and doesn't mix them with violence and drugs. 
     
    When he is hosting 1,000 ROMs, he is asking for trouble.
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    The_Ish

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    #10  Edited By The_Ish

    Well there are usually clear warnings that you're not supposed to distribute someone else's software. 

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    oldschool

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    #11  Edited By oldschool
    @The_Ish said:
    " Well there are usually clear warnings that you're not supposed to distribute someone else's software.  "
    Piracy and porn - that is all the internet is good for, right?   
     
    People have been pirating since the invention of cheap magnetic cassette tapes.  30 years on and nothing has changed, except the ease and quality of doing it.
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    Diamond

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    #12  Edited By Diamond

    Jail sentences and files for movie, music, and games piracy are grossly out of proportion with the crime.  It's purely a result of powerful lawyer based firms like large companies and the RIAA.
     
    Generally the games-piracy punishments have been fair.  This case where he's really trying to distribute files willfully, or another case where someone was selling a NES clone (even saw that one in a local mall a few times) and getting money out of it.

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    Jeust

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    #13  Edited By Jeust
    @oldschool said:

    " @Jeust said:

    " @WilliamRLBaker said:

    " except not all pirates get put into jail. he was put into jail because the massive nature of his pirating. "

    Yep.   But instead of pirating they should ask a fine that would make the person in question stop on his tracks.  Its arguable if there is anything gain from throwing him in prision. "
    I personally have a philosophical aversion to prisons being used for non violent criminals.  Home detention would serve society much better in most cases - the exception being the recidivists who just won't learn.  Let them still work and pay their debt through this method - work and home, nothing else, with the added security of tracking to ensure it happens.  Much cheaper and doesn't mix them with violence and drugs.  When he is hosting 1,000 ROMs, he is asking for trouble. "
    I agree... with internet interdiction.
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    Fallen189

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    #14  Edited By Fallen189

    He got busted for HOSTING them.
     
    I dunno how I feel, it's a grey matter. There's no demos, so how can we judge if we're going to like it or not? £30 for a game you might play for 10 mins?
     
    Tricky.

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    Linkyshinks

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    #15  Edited By Linkyshinks

    I posted this story a month ago oldschool. It's in the DS forum somewhere.

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    oldschool

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    #16  Edited By oldschool
    @Linkyshinks said:
    " I posted this story a month ago oldschool. It's in the DS forum somewhere. "
    I am always one step behind you Linky  :-)    I must be getting old  :-( 
     
    @Jeust said:
    " @oldschool said:

    " @Jeust said:

    " @WilliamRLBaker said:

    " except not all pirates get put into jail. he was put into jail because the massive nature of his pirating. "

    Yep.   But instead of pirating they should ask a fine that would make the person in question stop on his tracks.  Its arguable if there is anything gain from throwing him in prision. "
    I personally have a philosophical aversion to prisons being used for non violent criminals.  Home detention would serve society much better in most cases - the exception being the recidivists who just won't learn.  Let them still work and pay their debt through this method - work and home, nothing else, with the added security of tracking to ensure it happens.  Much cheaper and doesn't mix them with violence and drugs.  When he is hosting 1,000 ROMs, he is asking for trouble. "
    I agree... with internet interdiction. "
    Yes, no internet connection and other restrictions that would be a nuisance to his life, just to be a constant reminder during detention as to why it wouldn't be a good idea to do it again.
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    apathylad

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    #17  Edited By apathylad

    Piracy in general has always confused me. I mean sure, you can download songs through torrents or whatever and get busted, but then again you can also go on youtube and get the songs there.

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    oldschool

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    #18  Edited By oldschool
    @Apathylad said:
    " Piracy in general has always confused me. I mean sure, you can download songs through torrents or whatever and get busted, but then again you can also go on youtube and get the songs there. "
    The music industry kind of handled piracy with tape and CDs through a fee that is charged on the product and passed on to the industry.  With digital download, that created a new problem.  There will always be piracy.

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