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Supercard out of law in USA ?????

Started by Bishonen, June 28, 2007, 03:58:21 PM

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Bishonen

Just got an newsletter from the HK Shop WINSUNX... Servers have been attacked via DDos... ANYWAY... i read a much more intresting News on their Website:

Dear all Members and Resellers :
We will stop selling the Supercard all items , because we get a Warning from U.S. Customs and Paypal , they said this Brand items is out of law in USA , So we was told by they need to stop selling it . We apology for making you inconvenient of this policy . if you want more news of this item , please feel free to directly contact us .

What do you think about this???

Is Nintendo finally acting, like Sony who have put a stop to some Modchip Dev's?
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Perseid

It would be a real stretch of copyright law to say the Supercard is illegal. It does not modify the DS itself in any way and can legitimately be used for many purposes besides piracy.

scootdog

www.winsunx.com is now showing up as a Yahoo site.  Are they gone for good?  I never ordered any DS stuff from them, but I ordered some GBA stuff back in the day.  The broken english sure does sound like the communications I have received from them in the past.

Other than the broken english everything else was good.  I would get products shipped from them faster than I would products I ordered in my own country.

Anyone have any more details on what happened?

ShaneFromOz

Winsunx will be back and better then ever.
Someone attacked there site twice now and they think they know who did it.
Just google winsunx as they have a few sites directing to the main winsunx site.

Cheers Shane

Devil_Spawn

Quote from: Perseid on June 28, 2007, 06:29:37 PM
It would be a real stretch of copyright law to say the Supercard is illegal. It does not modify the DS itself in any way and can legitimately be used for many purposes besides piracy.

name some that you KNOW are legal, not just speculation (would stand up in court)

Perseid

Quote from: Devil_Spawn on July 02, 2007, 02:43:15 PM
Quote from: Perseid on June 28, 2007, 06:29:37 PM
It would be a real stretch of copyright law to say the Supercard is illegal. It does not modify the DS itself in any way and can legitimately be used for many purposes besides piracy.

name some that you KNOW are legal, not just speculation (would stand up in court)

Well, I can't. I'm not a lawyer, and I'm guessing flash carts haven't been tested in court at all. But under what law would you suggest homebrew is illegal? You can compile with open-source libraries so you're not breaking copyright law. You're not defeating any encryption or copy protection, so no DMCA. You don't need to modify or reverse engineer the DS so no patent infringement. Finally, if homebrew were illegal Datel's Max Media thingamabob would be too and I just saw one at Walmart.

The only way I can think of that I'm wrong is if DS code is signed and homebrew carts need to fake a signature. That would probably violate the DMCA. But I don't think DS code is signed...is it?

kkan

Quote from: Perseid on June 28, 2007, 06:29:37 PM
It would be a real stretch of copyright law to say the Supercard is illegal. It does not modify the DS itself in any way and can legitimately be used for many purposes besides piracy.

on a technical scale flash cards permit/facilitate the the use of backups/copies/dumps whatever you want to call them... much the same way a MOD CHIP does in a console so this in itself would be the lawbreaker :)



Hi

Y'know what? I've been thinking about this, and I think there is something important we're all missing.

I have put the important part that we are missing in bold.

Quote from: Bishonen on June 28, 2007, 03:58:21 PM

Dear all Members and Resellers :
We will stop selling the Supercard all items , because we get a Warning from U.S. Customs and Paypal , they said this Brand items is out of law in USA , So we was told by they need to stop selling it . We apology for making you inconvenient of this policy . if you want more news of this item , please feel free to directly contact us .


Paypal can say whatever they want, but that doesn't make it true. If I had tons and tons of lawyers behind me, I bet could tell WINSUNX that having the letter X after the word SUN is against the law in the USA and WINSUNX would change their name.

Changing their name would confuse returning customers and therefor cause WINSUNX to louse lots of money. But they'd do it because

#1 They don't live in the USA and aren't familiar with the laws
#2 WINSUNX is a small company probably without much more than a few lawyers to back them up
#3 I (at least in my example) have tons of lawyers that could crush the few puny lawyers that WINSUNX has.

Paypal can say whatever they want. That doesn't make it true. But WINSUNX doesn't want to risk it, for good reasons.
_______________________________________

Bishonen

Nintendo sued the HK Backup Developer BUNG in the 90's in front of an US Court and won... BUNG is gone...

And they were much more carefull than the Supercard Team... they sold the Doctor V64 as VCD-Player and the Backup Feature was diabled, until the User upgraded the Bios... they really done everthing to avoid beeing sued by Nintendo... nearly all the Software you needed to work with the V64 and other Bung Products was Homebrew...

The Converting Software provided by the Supercard Team has only one feature: To make Commerical Roms work... i really wonder why Nintendo sued BUNG and does nothing against the Supercards... has the HK Law changed?
\__/) This is bunny. Copy bunny into your
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igboo

Quote from: Bishonen on July 03, 2007, 07:10:17 AM
... i really wonder why Nintendo sued BUNG and does nothing against the Supercards... has the HK Law changed?

My understanding of the situation is this.  IN the '90s Hong Kong was a territory of England, who agreed to allow Hong Kong based BUNG to be brought to trial in the US.  Since then, ownership of Hong Kong has reverted back to China making legal action much more difficult.

igboo
url=http://www.gaminglagoon.com/?ref=32686] [/url]
I've got three 2000 Wii point cards and a Nyko charger for free so far.

Bishonen

@igboo

Yep! This could be exactly the point! I guess you're right!  :o
\__/) This is bunny. Copy bunny into your
(o'.'o) signature to help him gain world
(")_(") domination.