The court in France ruled in favor of online retailer Divino Group, in a major battle. The court found Max Louarn, his company Divineo, and other co-defendants not guilty in the criminal case, despite Nintendo’s prevailing in a similar case against Divineo France in a Hong Kong court last year.

The debate over who’s right or wrong comes down to principles and practicalities. In principle, homebrew designers would seem to have the high ground under the “open  development” precept: What’s different, they’ll argue, in theory, between a pocket-sized computer, and one that sits under your desk? In practice, of course, Nintendo can point to
mind-boggling piracy numbers to make the argument that a preponderance of flash-cartridge owners are simply using the things to brute-force pirate stuff. The Paris Criminal Court suggesting that the Nintendo DS should adopt a system like Microsoft Windows, where free applications can be made and run on the handheld.

“Nintendo is extremely disappointed with the decision by Paris Criminal Court to find Max Louarn, his company, Divineo, and other co-defendants not guilty in the criminal case involving the sale and distribution of game copying devices,” Nintendo said in a statement. “Nintendo welcomes the prosecutor’s decision to appeal the judgment. As a victim Nintendo will join his appeal.”