This is major news for the Homebrew Community and a real slap for Nintendo, Divineo has won a ruling in the Courts in Paris and the upside is that Flash Carts arent deemed illegal and it gives Homebrew a massive boost, heres the press release from assentek via nintendomax

Nintendo dismissed the case of linkers

This December 3 to 13h, the Tribunal de Grande Instance of Paris has been made the ruling in the case between Nintendo to France and other defendants.

The subject of the complaint of Nintendo France, in summary, is to declare the infringing devices such linker (trademark / copyright / protection code). Actions by Nintendo, except for registered letters to the majority of resellers in France, have been seized counterfeits, from December 2007 to June 2008. Nintendo France claiming mimicking the linkers and want to stop marketing immediately.

Since the beginning of these actions the company has conducted Assentek also shares in return, citing interoperability DS consoles, right to the backup copy and use third party applications (homebrew, free and legal) and extending the capabilities of the DS in mp3 player, divx etc. ...

These arguments did not resonate on the side of Nintendo France have fortunately had the ear of the Tribunal de Grande Instance of Paris who gave verdict that day.

Nintendo France has been rejected all his arguments and can not prohibit the sale of linkers in France.

However this is probably a first episode ending (good) in the general confrontation between France and Nintendo players in the world of game consoles and Assentek in particular.

Therefore, please keep in touch with us to stay informed of further developments and your support if your heart tells you to our action. The number by force, we invite you all to join us on facebook so that joint action can emerge from this network of users / gamers that you are and what we are.

The team

Great News for homebrew