Last week, I reported that Nintendo succeeded to sue an Australian retailer of R4.
Unfortunately, for Nintendo, it is not always as straight forward for other countries. Recently, Nintendo experienced a reversal in France. In 2009, Nintendo prosecuted six French retailers among which Assentek. On 3rd December 2009, the Parisian Tribunal de Grande Instance (TGI) nonsuited Nintendo. Thus, this sets a legal precedent making legal the sales of linkers, such as R4.
On 9th December, both Nintendo and the state prosecutor appealed against this decision. Thus, we will have to wait for the final decision.
Assentek provides an interesting press review.
It is always surprising that two countries do not perceive piracy in the same way. One of the difficulties is that there is no harmonization of copyright and trademark laws.