EU Court Rules Console Homebrew As Legal
Console homebrewing is widely regarded as illegal or at least it used to be. The issue is that it requires circumventing a console’s protection software. The Court of Justice of the European Union has determined that this is lawful as long as the content accessed is in itself lawful.
The ruling came up as part of a case brought by Nintendo against PC Box, which distributes software allowing unauthorised content on DS and Wii consoles such as movies, videos and music. Nintendo opened the case alleging the software allowed for pirated games as well which PC Box adamantly denied.
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In a statement issued to Polygon, Nintendo said it will continue to battle its civil case against PC Box in the Milan Tribunal, which had passed this query to the CJEU.
“Since Nintendo only ever utilizes technological protection measures which are both necessary and proportionate to prevent widespread piracy of its intellectual property, and since the preponderant purpose of the circumvention devices marketed by PC Box is to enable piracy of legitimate video games, Nintendo is confident that the application of the guidance set out by the CJEU relating to proportionality will enable the Milan Tribunal to determine that the sale of circumvention devices is unlawful,” the company said.
“In the meantime, Nintendo maintains that the commercial dealings in circumvention devices infringe copyright laws as well as other intellectual property laws and Nintendo will continue to pursue those involved in the distribution of such devices.”