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90 per cent of US gamers are playing pirated DS software

DS game sales lower than any other console claims ELSPA

90 per cent of US gamers are playing pirated DS software
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DS

DS might have outsold all of its console competition throughout 2007, but it seems Nintendo is facing a serious problem with regards to the pirating of its games.

UK trade body ELSPA has claimed that an astonishing 90 per cent of of all DS users in North America are playing pirated games using devices such as the notorious R4 cartridge.

Speaking to Scottish The Sunday Post, John Hillier, manager of ELSPA's Intellectual Property Crime Unit, said that these devices – which allow users to play downloaded game ROMs from the internet on their DS – are making DS the least profitable console on the market and risking the future of the games industry.

"Takings from Nintendo DS games in the US are lower than any other console and no doubt it will have a similar impact here… you may think you're getting a good deal but using the R4 is risking the future of the games industry," he told the publication.

The cartridges are easily obtainable from online retailers and, while they're not illegal to buy, downloading illegal software is punishable through civil action from the game's copyright owner. Over here, the selling of cartridges such as the R4 is against UK copyright and patent laws and punishable by up to two years in jail.

Hiller continues: "Legitimate business is at serious risk from the R4 — retail, wholesale and manufacturers. The R4 has shifted balance of power in the piracy industry to the consumer — and that is hugely worrying. That's why we intend to stop trade in these chips wherever we can."

Historically, Nintendo has been arguably the most cautious console manufacturer when it comes to pirated software, even choosing the cartridge storage medium over CD in the days of the N64 partly because they were more difficult (and more expensive) to pirate.

If ELSPA's figures are true (and we're more than a little dubious), it's really a complete turnaround for the DS to now be the hardest hit through piracy and obviously not good news for Nintendo. It might be selling DS units in their millions but console manufacturers make their money from game sales, both their own and from the fees paid by licencees.

If the R4 is really having such a huge impact on US game sales and is possibly set to do the same here, you can expect Nintendo to come down heavily on retailers selling the device in the near future. It's either that or face a future where game publishers no longer support the DS.

Kath Brice
Kath Brice
Kath gave up a job working with animals five years ago to join the world of video game journalism, which now sees her running our DS section. With so many male work colleagues, many have asked if she notices any difference.