Nintendo has lost its long running case against Divineo, one of the bigger companies behind the production and manufacture of so-called “flashcarts” for its DS, DS Lite and DSi range, with a Parisian judge ruling against the gaming giant.
According to a report from MaxConsole, it seems that the judge may well have been swayed in favour of the devices by the argument that they’re particularly useful to homebrew developers, who might normally be excluded from the development process by the expense of a devkit for the handheld devices while some have simply been refused without Nintendo detailing just why they’re not allowed to develop for it.
Of course, the big news here isn’t that the flashcarts will be available for solid, hardworking independent game developers, who may then make their work available as a free download for other flashcart owners, but that these cartridges allow users to download games from legitimate developers and publishers. We’ll be curious to see how Nintendo responds to this news, but it seems as though for now we’ll be seeing no massive upsets to the flashcart market worldwide.
It’s worth keeping in mind that Nintendo does see significant losses over these kinds of blank cartridges, with the vast popularity of the by-now-infamous R4DS (and its army of imitators) being largely to blame. It’s been said before, but it bears repeating, the fact that devices like the R4 are available in itself probably doesn’t constitute too much of a risk, but the widespread sale (with sites like Amazon selling the R4 for quite a while) was something that Nintendo has long felt genuinely threatening.
If nothing else, the report from MaxConsole will be good news to any independent developers out there working on Nintendo’s range of handhelds, but we imagine Nintendo is gearing up for more legal action in the near future.