Nintendo warning by Nordemann because of R4 cards

Warning from Nintendo about R4 cards - What those affected need to know now

Whoever is asked by Nintendo for a R4 card or a similar flash card is suddenly confronted with a legal and financial problems. These cards circumvent the copy protection of Nintendo consoles and allow pirated copies to be played. As a rule, they therefore violate Copyrights and Trademark rights - and that can be expensive.

As Specialist lawyer for intellectual property rights we support you in finding the Warning to be checkedto fend off excessive claims and exhaust your legal options.

1. background of the Nintendo warnings

Nintendo is known for its uncompromising defense of copyrights and technical protection measures. In recent months, there has been an increasing number of warning letters issued by the law firm NORDEMANN from Berlin on behalf of Nintendo Co, Ltd, 11-1 Hokotate-cho Kamitoba Minami-ku, Kyoto, Japan.

Core allegation: The offering, advertising or selling of so-called R4 cards. These are special memory card adapters that are able to bypass the copy protection of Nintendo consoles (e.g. Nintendo DS, Nintendo 3DS).

These cards can be used to launch unlicensed copies of games, often downloaded via the Internet. Current titles such as

Super Mario Party
The Legend of Zelda: Breath of the Wild
Pikmin 4
and many other games from the Nintendo portfolio.

The German Copyright Act (§ 95a UrhG) prohibits circumventing effective technical protection measures or offering devices for this purpose. Anyone who nevertheless sells such hardware risks Injunctive relief under civil law, claims for damages and possibly even criminal investigations.

Why R4 cards are so legally problematic

They deliberately circumvent Nintendo's copy protection.
They are primarily used to make pirated copies executable.
Already the Offer or Apply of such devices is prohibited, even if the buyer could theoretically use them for legal purposes.
The case law makes it clear that the sale of such circumvention aids constitutes an infringement of copyright protection mechanisms.
In addition, the sale is criminally relevant (§ 108b UrhG) and in the worst case can lead to prosecution.

In short, possession may not automatically be punishable for private use, but distribution is in most cases.

2. typical claims in a Nintendo warning letter

In the current warning letters, the NORDEMANN law firm demands, among other things:

Submission of a cease-and-desist declaration with penalty clause
- usually very broadly worded, with a severe contractual penalty for any future breach.
Information on sales figures and sources of supply
- so that Nintendo can quantify possible claims for damages.
Issue of the existing R4 cards
- for the purpose of destruction.
Payment of high costs
- Legal fees in the amount of 8.535,39 € plus 19 % VAT.calculated on the basis of an object value of € 1,000,000.
→ In addition Compensation for damages The amount may vary in individual cases.

3. risks if you do not react

Anyone who ignores the deadlines set risks legal proceedings. In view of the high amount in dispute Legal costs of up to €50,000 in the first instance alone.

Nintendo and the law firm in charge are consistently pursuing these cases - also to send a clear signal to other retailers. In addition, the sale of R4 cards can result in criminal investigations, which makes the matter considerably more serious.

4. immediate measures for warned parties

Adhere to deadlines - otherwise there is a risk of an injunction or legal action.
No hasty signatures - the enclosed cease-and-desist declaration is often too broad and can bind you for an unnecessarily long time.
Do not pay without authorization - first check whether and to what extent there are any claims at all.
Consult a specialist lawyer - preferably with experience in copyright law and in the defense against warning letters from large trademark owners.

5 Our support for you

We represent clients nationwide who have received a warning letter from Nintendo - for transparent fixed price and with a clear strategy.

Our service:

- Examination of the warning for formal and content errors
- Adaptation or rejection the declaration of discontinuance
- Negotiation with Nintendo lawyers on the amount of the receivables
- Minimization of financial damage
- Assessment of criminal law risks

Simply send us the warning letter by e-mail or via our Contact form to. This allows us to prepare ourselves optimally and give you a quick assessment.

FAQ on Nintendo warnings about R4 cards

What are R4 cards?
R4 cards are adapters for Nintendo consoles such as the DS or 3DS. They make it possible to bypass copy protection and run games from a memory card - often pirated copies.

Is the possession of R4 cards prohibited?
Mere possession is not automatically punishable for private individuals. However, distribution, advertising or sale is prohibited under Section 95a UrhG.

Why is the sale punishable by law?
Because it enables a targeted circumvention of technical protection measures and thus violates copyright law (§ 108b UrhG).

How high are the claims in a Nintendo warning letter?
The legal fees are 8,535.39 € plus VAT. from an object value of € 1,000,000. Damages are often added to this.

What happens if I don't react?
There is a risk of injunctions or lawsuits with legal costs of up to €50,000 in the first instance alone. There is also an increased risk of criminal prosecution.

Should I sign the enclosed cease-and-desist declaration?
No, not unchecked. It is often too broad and can tie you down for an unnecessarily long time.

Can Nintendo really issue warnings to private individuals?
Yes, even private sellers on platforms such as eBay have already been warned. Copyright law, unlike trademark law or competition law, for example, is not restricted to commercial activities.

Can I reduce the claim?
Yes, in many cases both the payment amount and the content of the cease-and-desist declaration can be negotiated - with the help of a specialist lawyer.