If a few days ago, the company is suing Nintendo video game a young English for pirating games in their store Avilés, today is it, Alejandro Fernandez, along with other English shopkeepers, who are asking the Japanese company the invalidity of the patent offices of the devices from the console. Source of the news
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Nintendo requests a sentence of 23 years for Alejandro Fernandez and compensation of 840,000 euros because the youngest of Avilés sold in his shop, 'Alechip.com' cartridges as to alter the original function of the Nintendo DS so you can use pirated games . The substantial number of Japanese multinational asking is that for each cartridge that English has sold in his shop, has produced losses of some EUR 600 per consumer.
But Alejandro Fernández version is quite different. Young alleges that in 2008 Nintendo stuck in the office products he imported from China. "Then they call you and tell you, or destroy the goods or you demand. The first times I paid, but then I rebelled and began to rain then demands until they came under criminal law, "said the defendant." We sell because we understand that its purpose is to run applications that could not be used without this device. What the company is doing in this case is to assume that my clients are having with this device you are buying, "argued the defendant and plaintiff now." No device in the world with greater potential for hacking or to make wrong for a computer "and therefore not close the computer store.
But the tortilla has been around and Fernandez, along with other English companies that sell computer products have decided to sue the Japanese company with the Office for Harmonization in the Internal Market (OHIM) for violating the Law on Industrial Design community with the Nintendo DS cartridges. Technological innovation "should not be difficult to grant design protection to features dictated solely by a technical function," argues the English reported that this week is facing trial.
With this lawsuit is to avoid "design rights are used to obtain monopoly on technical solutions without complying with the relatively strict conditions under patent law." According to the lawyer Alejandro Fernandez, Carlos Sanchez Almeida, the use of these 'rounds' can provide memory to the console and run programs created by users. If Nintendo had a monopoly on this system, he explained, would charge both the sales of 'hardware' and by the licensing, which would be a "monopoly act".
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