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DS FEATURE
Sailing the seven seas of Nintendo DS piracy
  
"Nothing of any value comes easily." Take a moment to ponder that piece of sagely advice, because we're about to hit upon quite a controversial subject - a topic that has concerned video gamers (not to mentioned fans of practically every other medium of entertainment) for decades, if not centuries: piracy.
It's a sad fact of human nature that people tend to want things for as low a price as possible. Video game piracy takes this to a new level – thanks to modern technology and nefarious underground distribution channels it's possible to enjoy the latest games for nothing. Given the remit of our site it's probably wise if we narrow down out investigation to the console that is currently sitting pretty atop the world portable gaming throne: the DS. Although Nintendo's handheld is something of a cash-cow for the industry veteran, its success has resulted in one particularly unwelcome side-effect. The distribution of pirate DS games is rife, thanks to two vital factors: the proliferation of cheap 'pass-through' cartridges and the evolution of the internet. Anyone that remembers the days of the Amiga and ST will no doubt fondly recall turning up to school each morning to be greeted with the sight of a crowd amassing around one child – the kid with a satchel packed to the brim with floppy discs containing the latest titles. The cheapness of the 3.5-inch floppy format coupled with the relative ease of reproduction and distribution resulted in a playground phenomenon, and it wasn't unusual to come across some Amiga or ST gamers who had literally never purchased a game for the machine at all - what need was there to do so when pirate copies were so abundant and readily available? Of course, console gamers of the same era had it different. Cartridges were notoriously difficult (but not impossible) to copy and this kept the vast majority of Game Boy, SNES and Mega Drive fans on the straight and narrow. Indeed, it was Nintendo's fear of piracy that contributed to the company's decision to make the N64 a cartridge-based system, and although this move proved to be foolhardy in hindsight (the CD-ROM-based PlayStation effortlessly trounced the N64 and a significant factor in this victory was the Sony machine's choice of storage format), it wasn't totally misguided – towards the end of its life, Sony's 32-bit champion was also suffering from widespread piracy. (In fact, some argue PlayStation's success was a direct result of the relative ease of pirating its games.) However, the playing field is different now. Nintendo again chose cartridges as the format of choice for the DS, but the rapid development of the internet has turned this strategy against the company. Physical distribution has given way to digital downloads. Rather than putting pirate games onto carts, they are merely shared online, downloaded and then copied over to a memory card before being inserted into a 'pass-through' cart. With the average DS game weighing in at about 30-60MB (well within the reach of anyone with a half-decent broadband connection) gamers now have an alarmingly easy route to free games – a fact that Nintendo is all too aware of. Not too long ago the Japanese giant attempted to crack down on the sale of pass-through cartridges, a move which momentarily resulted in these shady devices skyrocketing in value, but doesn't seem to have had any long-term effect as they can still be obtained fairly easily. More recently Nintendo has ensured that the shiny new DSi is incompatible with such devices. Granted, resourceful homebrew fans will find a way around this (let's not forget that many people who use pass-through carts are actually doing so because they wish to experiment with the system and not play pirated games) but if Nintendo takes Sony's lead and insists on periodic firmware updates, then it will make things a lot harder. If you happen to own the standard DS though, you're faced with a tantalizing moral dilemma. To pirate or not to pirate? To play devil's advocate for a moment, there's no denying that video gaming is a seriously expensive hobby. Even with a machine like the DS – which, when compared to the likes of the 360 and PS3, is seen as having 'budget' range software – your average game is going to cost you £20-£25. That's about twice the price of a CD or DVD. With the looming possibility of purchasing a stinker (that's assuming you're one of these wackos who doesn't consult Pocket Gamer's excellent DS reviews first, of course) it's hardly surprising that many people feel inclined to shun legal commercial channels in order to score their gaming fix. There's no risk when you're not actually exchanging money, right? Also, it could be argued that video gaming is merely entering into the same era of technological liberation that has recently been experienced by the music industry. File-sharing and naughty-type online distribution has forced record companies to look at how they run their business and restructure - maybe the same thing will happen to our hobby? Of course, these viewpoints fail to counter the fact that video game piracy is fundamentally wrong. Games may cost a lot of money but they also cost a lot to produce, and when you pirate a game you might otherwise have purchased you're essentially robbing the publisher and developer of potential reward for their hard work. Just because it's easy to do doesn't make it any less illegal or immoral. It's also fair to say that when you acquire things with little to no effort you fail to truly appreciate them. During our investigation we spoke to a gamer who readily admitted that he pirated DS games. Surprisingly, rather than feeling like a kid in a candy store, he revealed that such a wealth of choice ironically resulted in him enjoying his hobby less. "Because I have access to so many games I only play them for maybe five minutes before loading up something else," commented our mystery gamer (we can't reveal his true identity because if his mum reads this she'll stop his pocket money for a week). "Whereas previously I would spend £30 on a game and play it to destruction to ensure I got my money's worth form it, now I just discard games – regardless of their quality – because they mean nothing to me in terms of value." Nothing of any value comes easily, as the saying goes... This is clearly a hot topic, so why not let us know what you think about piracy on the DS by leaving a comment?
Joined:
May 2007
Post count:
387
 Completely agree with the comments at the end of the article... I think the DS suffers from a lack of easily accessible demos, the pirate games market is somewhat bred by the fact that £30 is a lot to spend on a game which even if has been well received by the gaming press may not be your cup of tea. The vast majority of my home console game purchases include some demo time, the likes of Valkyria Chronicles comes to mind recently.
So the casual games pirate defends his or her actions by saying to themselves "I can't afford to spend £30 on a game and find out it's crap". In all honesty I think there's an awful lot of tat in the shops for both DS and PSP, if anything the comparatively low costs of development when compared to next-gen home consoles is bound to decrease the overall quality as poorly executed but catchy titles find their place on shop shelves. I've played enough genuinely poor or short-lived DS titles in my time working in the industry to be extremely wary. If you illegally download 10 games onto your DS Flash Cart and only play each one for 10 minutes before moving on, one could argue that this reflects badly on the development side of the industry. Hell if only the fact that I've paid £30 for the thing is making me keep playing something's gone awry somewhere surely?! Joined:
Jan 2009
Post count:
5
Very interesting article. So interesting that I registered to leave a reply.
OK, straight of the bat I own two R4 DS's and use them to pirate commercial games. Is it immoral, wrong and stealing? Yes it is. So why do I do it? Because it so damn easy to do. When faced with the option of paying £30 for a game, or waiting 2 minutes to download it, only Jesus would choose the former. When I first got my R4, I promised myself that I would only download games I wasnt planning on buying anyway and games that I already own (for Multiplayer purposes) But thats not the way things go when you can get awesome games for nothing. It makes me wonder, when people say 'I only own this flashcart for legitimate homebrew', how many of them are being truly honest? Joined:
Jan 2009
Post count:
1
Well, I agree and disagree with the comment made by the anonymous pirate. First, I have been playing video games for a long time, since I was 12 years old, and I'm now 25 years old. I stumbled upon piracy at age 15 while trying to play Metal Slug on my PC instead of going to the arcade. Over the years, I've owned almost every console, except nintendo 64 (hated the huge controller). To be honest, it is quite fascinating to know how to hack a console or modify it to do something its not supposed to do, or intended to do, while also knowing that most people are not aware of this knowledge. The concept or practice of getting every possible game you can and then try to sit through all of them is ridiculous. That's just greedy, and those that do that are surely not going to purchase any games. With almost all games, comes an NFO file from the pirate group, most telling you to buy the game if you like it, and that's exactly what I do with most of the games I find are really good. Some people get overwhelmed and don't even have time to play most of the games they download because they dont take the time to look at reviews and sticking to one game and appreciate its content before grabbing the newly released shiney title.
On the other hand, game companies need to hire "Average Joes" and find out what make them "tick", meaning, if you are going to "fight" piracy or illegal downloads, first, see how you can learn from it and make your selection or console better appealing to the audience so they see the benefits of coming to the authentic distributor instead of downloading it online. For example, for the Nintendo DS, a flash cart costs less than the most expensive game, and it can hold roughly 20 games or more on a 1gb flash card that costs around $10. This is very simple to understand, if you want to make more sales, lower your prices to affordable rates that people wont have to think about it before buying it for themselves or for others. Although quality games costs alot to make by developers, they also sell alot and make back the profits for all involved. my fingers are tired... you figure out the rest... lol. Joined:
Jan 2009
Post count:
1
I will never buy a game these days without having played it first, either in demo format or as a full version acquired for free off the internet (I am not funding crime in any way!)
If I like the game I will then buy it, most of the times if i've been playing a full downloaded copy I will continue playing that and leave the original in it's wrapping. Money is important to me as I don't have a lot of it so I like to make sure i'm not wasting it. The way I look at it though is natural selection for computer games. I will support the ones I enjoy and not support the ones I don't, because ultimately if I enjoy something (like the GTA series) then I want them to make more, so here's my contribution to the next one :) If more people did this I believe we would end up with a much higher quality of game then some of the 'dross' that i've accidentally bought in the past because the advertising said it was the best thing ever. I also play WoW and have had a subscription to it for over 3 years now, it costs me each month, but I enjoy the game and I want blizzard to continue developing it so it's a worthy cause. I would never have played WoW without the free trial they offered as I couldn't afford the cost of the initial game if I didn't enjoy it. Does all this make me bad then? Joined:
Jan 2009
Post count:
1
One line in this article just doesn't seem right to me:
>It's a sad fact of human nature that people tend to want things for as low a price as possible. WHAT? How is this "a sad fact"? To want things for the lowest price possible is not "a sad fact", it's basic instinct and good economic sense. I assume that when the author buys groceries he always pays at least double the price required? It would, after all, be morally wrong to want to buy those groceries for as low a price as possible. The rest of the article was fine, but having a ridiculous line like this in your opening remarks causes me to read with a decided bias against the author, or to stop reading altogether... Joined:
Jan 2009
Post count:
2
I have pirated video games in the past, but I no longer do this at all.
I did this for two reasons: 1. It was easy to do. 2. There was no risk of being caught. Did you ever steal a small piece of candy from the store when you were little? You probably did it for the same reasons. How can pirating video games be justified? If it is fare and right for you to do it, then you are suggesting everyone would be OK to do this. If everyone pirated games, then there would be no games, except for homebrew games. If you argue "try before you buy" then there are gaming options available like this on other systems. You could also rent the game. Regardless, it is the right of the company making the game to offer in whatever form they see fit. It really takes some gall to say "these companies charge too much" and use it as a justification to steal from them! If you are on a budget, there are plently of used games that are excellent and affordable. There is nothing which justifies stealing the games. Especially something which it is not necessary for you to have. I have heard people argue that it is somehow OK for many reasons, but every argument is flawed. Ultimately this is very simple. A company has a product and intends to charge a fixed price for their product. If you feel that the price is unreasonable, simply don't buy the product. There are other options for you to get your "fix" - you are not compelled to have this specific game. Consider this: Since you love video games, presumably you might imagine yourself in the future producing your own game? A brilliant design with new concepts that everyone can't wait to pick up and play... You release your game and it gets great reviews, but something is wrong - the sales are low. The money you invested for the developers and the long production cycle was high, but you expected the payoff to be worth it... Alas, the gamers managed to get your game for free and all your efforts are a failure. You say "the company does great already and doesn't need my money" - apply this to the above. The store makes a lot of money, so it is right that I can steal candy from them. Walmart does pretty well... maybe it would be OK to steal from them? Just a little bit? The temptation is great and I don't consider this a high crime, but regardless it is a crime even it it goes unpunished. There are good people who undoubtedly do this, but I would suggest that the first step is to admit to yourself that what you are doing is wrong. If you truly love video games, consider whether you want to support the developers and companies that provide them. To steal from these companies is to undermine their success and undermine video games as a whole. Joined:
Jan 2009
Post count:
5
@ ABrittishChap
Surely you are joking? If you read that single line in context you should have understood what he menat! Joined:
Jan 2009
Post count:
1
If 99% of the titles for the DS weren't shovelware, Nintendo might actually have an argument for charging people for the games. As it stands, who wants to fork out $60 for some piece of sh*t that is unplayable.
Joined:
Jan 2009
Post count:
1
I have no moral problem with pirating DS games. I don't exclusively play pirated games, I buy really good games. Firstly, there are too many awful games for the DS which shouldn't have been allowed to market. Secondly, I am a strong supporter of open source and free intellectual property philosophies.
In response to Cooper, who asks us to imagine that piracy ruins our dream of producing our own game. I produce free software, and will produce free tools for the DS. I disagree with charging someone to make a big profit from your hard work. People trying to get rich off a good idea or a bit of hard work? Not an economic model I subscribe to. It's that kind of greed which is the bigger problem, not software piracy. If someone dreams of making a nice living off the back of an investment in a game, it's their dream that's flawed, not the people who want to try the game for free. Tell me this: if a game producer makes a really poor game and releases it on the market, will they offer a refund to those who purchase it and are seriously disappointed? Of course not. They are trying to make a quick buck off the demo-free DS environment. Joined:
Jan 2009
Post count:
2
"Tell me this: if a game producer makes a really poor game and releases it on the market, will they offer a refund to those who purchase it and are seriously disappointed? Of course not. They are trying to make a quick buck off the demo-free DS environment."
In response: If a game producer makes a really poor game and releases it... It will get horrible reviews and anyone with access to the internet will know not to touch it with a ten foot pole. There is shovelware out there, but the majority of game publishers are trying to produce a good product that will get a good review, because that this will result in better sales. The low cost shovelware that is targeted at parents or others who didn't do their homework is in the minority. Clearly that is wrong - but please let's leave that out of it... - it is irrelevant to the main conversation and I'm sure none of us would be pirating that garbage anyway. The people reading this thread surely can tell the difference anyway. The reoccurring argument I hear is that "I'll buy it if it is good, therefore a download is OK." First, I seriously doubt that people pay for the pass through cartridges and technology just to "try" games. I would guess some might buy a few games of the many they are pirating because they feel this is the right thing to do. This doesn't really make it right. Undoubtedly you are spending time playing games that you don't end up buying. You are not just "trying" them. Argue as you may, the flaw in your argument still remains. Theft is theft is theft. Come at this from whatever direction you want - that ugly fact is still sitting there and will always be sitting there no matter how you try to look the other way. As to the fact that there are not DS demos available... The product is what it is. Do you not see the hypocrisy of the argument? On what hand you are knocking the publishers siting flaws such as "costs too much", "demos are not provided" and "most titles are poor quality" and on the other hand you clearly enjoy playing the games and having the ability to download and play them at your convenience. So much so that you are willing to shell out the money for the technology needed to get access to them. (And that money is definitely not going to the publishers.) If your argument is valid, then why not for other products? Do you also steal movies? Are you suggesting that "a little bit is OK"? These arguments would be the same for other forms of entertainment. Suggesting that the publishers are consumed by greed is ridiculous. How do you support yourself? I assume you have a job and do some kind of work for which you are compensated. The games you are pirating are not made by someone as a hobby in thei
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