Windows 'openness' hailed in Nintendo game defeat

Bizarro-World judge calls it
By Gavin Clarke, 4th December 2009

It's a Bizarro-World indeed when Microsoft is held up by a judge in Europe as a paragon of openness, but that's apparently what happened in a law suit brought by Nintendo. The games console and software maker has lost its case against Divineo Group in a Paris suit to block the sale of Nintendo DS Flash cartridges in France. The judge dismissing Nintendo's case is reported to have said that by blocking non-Nintendo carts, the company is purposely locking out developers from their consoles. Maxconsole, a site run by Max Louran of Divineo, wrote the judge said Nintendo: "Should be more like Windows where ANYONE can develop any application if they wish to." The ruling has been seized upon as a victory for those building homebrew games or who install non-Nintendo games on systems via the Flash carts, and were worried that Nintendo's lawyers would come after them. The carts allow non-Nintendo games to be run on systems like the popular DS. The carts do this because they bypass Nintendo's DRM.

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