Nintendo Want Stricter Piracy Laws

It seems Nintendo is on a warpath with game pirates as they have sent an open letter to the Assistant U.S. Trade Representative For Intellectual Property and Innovation, in it they call for stricter piracy laws and seem to aim it quite strongly against Brazil, but also mention China and Spain, here is a quote:


Dear Mr. McCoy:
Nintendo of America Inc. (Nintendo) submits this letter in response to the “Request for WrittenSubmissions From the Public” which appeared in the December 31, 2012 Federal Register. In that notice, the Office of the United States Trade Representative (USTR) requested comments pursuant to Section 182 of the Trade Act of 1974 (19 U.S.C. 2242), known as “Special 301,” on“countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection.”

Nintendo has provided information to the International Intellectual Property Alliance (IIPA)which is included in the filing of that organization. Nintendo is associated with the IIPA through its membership in the Entertainment Software Association (ESA). This letter provides more detailed information on piracy of
Nintendo video game products, with an emphasis on Internet piracy, along with Nintendo’s Special 301 placement recommendations.

Nintendo, along with its publishers and developers, is injured by the prevalence and ease of illegal on line distribution, as well as the continued manufacture, assembly, distribution, import,export and sale of counterfeit
Nintendo video game products across the globe. In the past few years, the scope of on line piracy for Nintendo has grown dramatically. Every month tens of thousands of illegal Nintendo game files are detected on the Internet. The legal environment to limit the flow of these files remains extremely challenging.Theft of Nintendo’s video games illegally shared over the Internet impacts all who create,develop, market and sell video games for the Wii U,
Wii, Nintendo 3DS and the Nintendo DS family of handheld systems. Surging Internet piracy continues to result in lost sales, lost jobs,lost taxes for local, state and national governments, as well as the loss of incentives to create and innovate.

Despite the operation of Nintendo’s anti-piracy programs in over 40 countries, world wide piracy of Nintendo video game products remains a chronic problem resulting in huge losses.Special 301 has proven to be a highly effective tool in highlighting those countries that do not provide adequate protection of copyrights and trademarks.

For 2013, Nintendo recommends that USTR designate: (1) Brazil remain on the Watch List; (2)China for monitoring under Section 306 of the Trade Act and continued placement on the Priority Watch List;(3) Mexico remain on the Watch List; and (4) Spain to be elevated to the Watch List.

Nintendo then goes on to discuss the types of game copiers and even explains what “On line Piracy” is as you can see here:

Internet Piracy
The trafficking in, sale and use of circumvention devices facilitate Internet piracy of video games because the most common way to play illegal Wii or Nintendo DS game files downloaded from the Internet on Nintendo video game systems is by using circumvention devices, such as the abovementioned game copiers and mod chips. Certain terms, defined below, are commonly used when discussing Internet piracy.

Internet Piracy Definitions:

• Cyberlinker
“Cyberlinkers,” also known as “indexers,” are websites that collect the links (a.k.a. URLs) for infringing content that users have uploaded and stored on cyberlockers. For a cyberlinker to be most effective, it must be vigilant in gathering the most up-to-date links, eliminating those which no longer work (either because the original user removed the file, the file was corrupted somehow or a copyright owner had requested the file to be removed). The most popular cyberlinkers usually have a dedicated community that contributes links (either from uploading the infringing content themselves and sharing the link, or finding a working link from another source and sharing it).

• Cyberlocker
“Cyberlockers,” also known as “sharehosts,” “one-click hosts,” or “direct downloads (DDL)” are websites that provide storage space (varying in size but usually at minimum several hundred megabytes, and at maximum a few gigabytes) for any file type a user wishes to upload and store. After uploading a file, a user is commonly given a password and/or a direct URL to access that file. Many users use this functionality to store infringing content.

• Marketplaces
Any auction site, trade board or classified listing website, like eBay, Craigslist, Mercado Libre and Alibaba, operated with the express purpose of allowing users to advertise, buy and sell products. These websites vary from auction-style bidding to periodic sales postings or classified ads for services offered by other users. In many cases, users looking to profit from illegal hard goods abuse these websites.

• Monitoring & Enforcement
These terms describe the manual or automated search techniques to locate and identify infringing content combined with manual or automated issuance of legal notification (DMCA takedown notices, Cease-and-Desist Letters or other legal warnings) to the appropriate Internet Service Provider (ISP). Rights owners will either perform such techniques in-house, or hire vendor companies who specialize in these services, as way to determine what infringing content is available online and act upon it.

• Peer-to-Peer (P2P) Networks
Computer networks, like BitTorrent and eDonkey, established between users who share illegal Nintendo game files (or parts of files) among themselves. Users download illegal Nintendo game files through accessing P2P portal sites.

• P2P Portal Sites
Websites that offer links, trackers, or indices to connect users to the P2P networks for downloading illegal Nintendo game files.

• Webshops/E-Commerce Sites
Internet retailers offering/distributing hard goods (game copiers, mod chips, counterfeit Nintendo products) via a website. Each website typically has one individual seller per website with no take-down procedure for notification of infringement.

They are even so kind as to create an image in case the text part wasn’t understood:

To read the full letter, view it at the source:
Re: 2013 Special 301 Comments on Piracy of Nintendo Video Game Products