Nintendo: We killed the DS lookalike app

It's all gone--thanks to Nintendo.

(Credit: Screenshot by Don Reisinger/CNET)

The DS DoubleSys iPhone app, a Nintendo DS lookalike (and simulator) that we've been following since it was first made available on Apple's App Store, was removed from the store upon request from Nintendo, Nintendo said in an e-mail.

In response to a request for comment, Nintendo spokesman Charlie Scibetta wrote that his company felt it needed to protect its intellectual property.

"Nintendo respects the intellectual property rights of other companies, and in turn expects others to respect ours as well," Scibetta wrote in an e-mail. "Nintendo did seek the removal of this application as we vigorously protect against infringement of our intellectual property rights."

But it didn't end there. Also taken down was the video the app's developer, ZM2 Dev, had posted to YouTube about how the DS DoubleSys app works. In the video's place, a YouTube notice is displayed that reads: "This video is no longer available due to a copyright claim by Nintendo of America."

ZM2 Dev did not immediately respond to a request for comment.

There's currently no word on whether or not ZM2 Dev will release a similar, non-infringing app in the near future.

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[fredtheviking]

Interesting. I think Nintendo is a 800 pound gorilla and 800 pound gorilla usually get what they want. I am not sure if Nintendo is in the right techinically. But how is a poor simulation of a product an infringement. Are emulators illegal as well?

[monkeyfun14]

Actually emulators are illegal.

[paulej]

Emulators are not illegal. Perhaps re-use of some binary code might be illegal. As one example of a legal emulator, all generic PCs were made possible by emulating the functionality of the original IBM PC through BIOS code. I believe one might be able to find copyright infringement, for example, if the BASIC ROMs were extracted from a C64. But, people do that and I'd be curious whether it's legal myself: after all, they bought the C64 and is there a license that precludes such use? Even if so, is that a license violation or a copyright violation? I've never heard read a good legal opinion on that sort of thing, but would like to.

[Sausagebiscuit]

Emulators themselves are not illegal.

See this case Sony vs. Bleem http://en.wikipedia.org/wiki/Bleem#Sony_lawsuit

For those who don't know, Bleem was supposed to be a Playstation emulator for the PC and Dreamcast (Bleemcast). In short, Sony sued and lost bigtime. Sadly, the lawsuit bankrupted the company, so eventually Sony won in that aspect.

[EvanSei]

that didn't take long!

[chriscooksey]

Ha how unexpected......yeah right

[myles taylor]

Did this software actually play Nintendo Software? In what way does this infringe? In the way it looks and the name? It only hurts them if people would buy the App instead of a DS, which I don't think would ever happen.

[sanenazok]

Most emulators are illegal since they copy copyrighted elements of the system they are emulating - at least the appearance of the device. Second, most copy software like BIOS or ROM images to boot up a system. Finally, emulators are only useful if people download ROMs which are containers of copyrighted software and nothing else.

[unknown unknown]

@sanenazok

"Most emulators are illegal since they copy copyrighted elements of the system they are emulating"

That really depends on the emulator in question.

" at least the appearance of the device."

That would be trademark.
It is true in this case, but there are plenty of emulator that look nothing like the device they emulate.

"Second, most copy software like BIOS or ROM images to boot up a system."

Depends on the system and the emulators. Some are written in a way that they don't need a copy of the BIOS.
Bleem! the playstation emulator for example, it prevailed in court when Sony sued and it did not make use of the Playstation's firmware. Sony also sued Connectix over it's Virtual Game Station which did use the playstation BIOS and connectix still one. Unfortunately for them the software wasn't near as popular as Bleem! and Sony ended up buying VGS to kill it.

"Finally, emulators are only useful if people download ROMs which are containers of copyrighted software and nothing else."

That's not entirely true. Emulators for disc based system (eg PS1) can be used to play the original games.
I know I used Bleem! for awhile, and as I didn't have broadband at the time downloading ISOs was not an option.

[zyxxy]

Given how Apple protects their IP, I think Apple fanbois should be a little careful about criticizing Nintendo. In this case, I imagine that Steve Jobs fully supports the take down. He is sensitive about issues such as this, and with good reason.

Look and feel suits have a long history in case law, and this image looks a lot like an open DS, including a shaded area to represent the hinge and the microphone in the middle.

[solitare_pax]

I'm surprised the PC fanbois aren't screaming about how Nintendo is stifling competition with their little stunt, just like they scream about Apple protecting its IP.

On the other hand, since the nintendo DS fanatic of the family got an iPod Touch, I haven't seen him pick up the old DS. So Nintendo should be scared.

[maneeshpan]

I wonder what are people who bought this app before the takedown supposed to do now. Can they get a refund because of the takedown?

[Sausagebiscuit]

Do these apps disappear from your phone or no longer work once they are removed from the App store? I would imagine you could ask for a refund (I doubt Apple will voluntarily issue one). Anyone have experience in this area?

[esteven4]

Tris (an unlicensed Tetris clone) was removed from the store about a year ago (maybe more, I don't remember), but I still have a copy on my iPod. Apple has the ability to remove apps from your iPod/iPhone, but in the past has not.

[myles taylor]

The Apps are still there. Apple has never removed any App from my phone, even some that have been removed from the store. I think this has more to do with the fact that they are on your computer and then synced. Even when I update apps the old ones just automatically get moved to the trash and I could keep them if I wanted them.

[Sausagebiscuit]

Here is a quick reference to commercial emulators: http://en.wikipedia.org/wiki/Bleem#Sony_lawsuit

Bleem! won, but lost in the end because big Sony bankrupted them in legel fees.

[sanenazok]

Correct me if I'm wrong but Bleem! won because it was before the DMCA and/or it was NOT bypassing any copyright protections since we were talking about PS1.

[Sausagebiscuit]

I think you are right, I don't think the PS1 had any real copyright protection besides a special area on the cd that couldn't be wrote to by CD-R/W drives at the time.... BUT you were supposed to use your own purchased discs to play these games anyway.

I don't think this iPhone app was doing anything to violate the DMCA either. It just looked like a Nintendo DS. I don't know enough about the app to comment any further. My main point was that emulators (was this app even an emulator?) are not illegal since some people were stating that they were.

I personally don't think Bleem would have violated the DMCA.

[Constable Odo]

I guess the biyatches are upset that Apple gave in and removed the app. I think Nintendo was in their rights to ask to have it removed and it's good that Apple did. I doubt if it was crucial app to have and would have done little to further the collapse of the App Store as all the fools believe every time an app is rejected or pulled.

[NervClaX]

Actually, as long as you can prove you bought the game, Nintendo isn't being harmed. You own the phone and the app was created by ZM2 Dev, not Nintendo. Unless ZM2 Dev copied or stole portions of Nintendo's DS software in order to develop DS DoubleSys.

If I purchase a legit copy of Cooking Mama, where does the LAW say the software can only be played on a Nintendo DS? I own the software and I can use it any damn way I please on any device that can play it. I don't have to purchase a separate version of the software for each device I own. Software licenses are notorious for placing outrageous restrictions that violate FAIR USE.

If I buy a DVD, must I only play it on a SAMSUNG player? No, I can play it on any player or device I choose. If I buy an MP3, must I play it on an iPod? No, I can take that song with me on my PSP. Digital media is having some growing pains right now and some companies have to learn you can't hold back free markets with an EULA and a pack of attorneys.

[1missive]

I regret to inform you that you do not own the software. It all comes down to the bits.

[AT2ND]

Here's one thing to consider - the images? Look very alike to the actual NDS images. Chances are pretty high they took the exact image and copied it byte for byte.