BBC News reports that a UK judgement has ruled what it calls ‘game copiers’ for the Nintendo DS illegal. This means under British law the import of the likes of the R4 is now no longer legal. The court noted: “The mere fact that the device can be used for a non-infringing purpose is not a defence”, adding that “game copiers first circumvent Nintendo’s security systems before any non-infringing application can be played on Nintendo’s handheld products”.

This is a pretty interesting judgement, and one that will go a long way to giving the fair-use brigade a solid kick in the teeth. Got an R4 and use it to carry multiple games with you that you own a copy of, because you don’t want to cart around £200 of DS games and leave them on a bus by mistake? Tough. Use your R4 for emulation and homebrew? Tough.

And how long before this judgement creeps into other areas of digital media? If R4s are now dubbed ‘game copiers’, are CD-Rs ‘music copiers’, and DVD-Rs ‘movie copiers’? Perhaps it’s time to ban paper (‘magazine copiers’) too, along with hard drives (‘everything copiers’). And good luck, iOS device jailbreakers and ‘hackers’ of other consoles—if the R4’s now illegal because it circumvents a system’s security, it’s only a matter of time before other media giants clamp down on anyone who has the audacity to want to fiddle about with a piece of tech kit they’ve paid out money from their own pockets for. The bastards.

Sometimes I read about the US legal system and despair. Quite often, in fact. Ars Technica reports that three iPad users are now suing Apple over the iPad, and have filed a class-action lawsuit to “redress and end [Apple’s] pattern of unlawful conduct” regarding promises Apple made.

The problem, apparently, is that the iPad, like all electronic goods, has the sheer audacity to shut down when a critical operating temperature is reached—typically around 35°C. This is common among similar products—Kindle does the same, although you might get another couple of degrees out of it.

The idiot claimants argue that because Apple said “reading on the iPad is just like reading a book,” the company is a big, fat liar, because a real book can be used in “the sunlight or other normal environmental conditions” without shutting off.

I wonder if there’s the possibility in law for Apple to sue these people for being cretins? As Ars asks, do Apple’s claims really make the company “guilty of fraud, negligent misrepresentation, deceptive advertising, unfair business practices, breach of express or implied warranty, intentional misrepresentation, or unjust enrichment?”

Maybe these opportunistic dimwits should have gone the whole hog:

• “I made a note in biro in the margin of a book on my iPad, and when I turned the page, it was still there! APPLE LIED TO ME!”
• “I tried folding the page to keep my place in a book on my iPad, but the page wouldn’t fold. In the end, I had to put the iPad in a vice and bend it, but then the entire thing shattered! THIS DOESN’T HAPPEN WITH REAL BOOKS!”
• “When I decided I’d had enough of reading, I opened Safari and surfed the internet and also downloaded my email, while listening to my favourite album, and then it dawned on me: this isn’t like a book at all! I DEMAND APPLE GIVES ME MONEY!”

My advice to Apple: make a ‘special’ iPad for these ‘special’ people—nip into the local stationary shop, scrawl ‘iPad’ on a couple of paper pads and mail them to the claimants. It won’t be quite as magical as the real thing, but at least these idiots won’t be able to complain about it being unusable in the hot sun; nor will they be able to say it doesn’t work exactly like a paper-based object.

In my recent 5 things article, I noted that digital storage is slowly seducing me, to the point that I now rarely feel the need to buy physical media when it comes to music; soon, I suspect I’ll be buying digital movies and TV series, and only the lack of a robust solution for playback is currently stopping me. *

The media industry of course knows this and is scared by the prospect of falling physical media sales and the decrease of control digital brings, having ceded a lot of power to the likes of iTunes and Amazon’s MP3 store. Now, people can cherry-pick music tracks and individual episodes of TV series, without grabbing an entire album or box-set.

In an article over on Billboard.biz, Kristin Hersh argues that there is still a place for physical media. “I disagree with the recording industry which claims that music has been devalued by the Internet, but I admit that CDs have been devalued by an industry that put so much crap on them,” she says. “I wanted to push the idea that music is measured in impact rather than plastic while still giving people something beautiful to hold in their hands.”

Fundamentally, this is about value for the consumer. When the perceived and actual value of a physical object betters the digital equivalent, people will still buy it. However, the days are long gone when a recording artist can shove three great singles on to an album alongside a load of crud, and where a format-bump is enough to convince most consumers to buy all their favourite movies yet again.

* On that note, if anyone knows of a really good wireless or ‘connect to a wireless drive’ system that’ll happily playback DVD rips, QuickTime movies and so on, I’d love to hear about it.

Engadget’s report Toshiba shows off Smart Pad tablet prototype, promises launch before October highlights succinctly everything that’s wrong with pretty much every PC manufacturer bar Apple. It talks about Toshiba’s exciting response to the iPad, the so-called ‘Smart Pad’; it looks nice enough (in fact, it looks pretty much identical to an iPad), but there the ‘smart’ ends. This is because the tablet’s due to launch “before October” and run either Android or Windows 7.

That’s right: Toshiba is a few months away from releasing its iPad rival and hasn’t decided which operating system it will run. Clearly, it’s sure to beat the tightly integrated, user-friendly experience of the iPad. That said, you can put money on loads of tech hacks citing it as an ‘iPad killer’, due to some random specs that most users won’t care about.

Depressingly, Engadget also reports that HP’s Slate is no longer a consumer product, and will instead be deployed for enterprise. HP’s acquisition of Palm made me think it was the one company that was about to play the game right, taking on Apple in an Apple-like fashion, by being able to develop a fully integrated computing solution. There is speculation that HP will appease Microsoft by still releasing Slate with Windows 7 but then offer the consumer version with PalmOS, but that makes little strategic sense. That would keep Microsoft somewhat happy, but also fragment the platform and irk geek consumers who somehow think that having Windows 7 on a tablet is a good idea—as opposed to an operating system that was actually designed to have on a tablet.

So what would you do if a review you wrote that smacked of press release/brochure copy got ‘busted’, and a journo contacted you for more info, to get your side of the story?

1. Not respond at all, playing the ‘la la la la la—I can’t hear you’ game.
2. Pull the article, and hope no-one notices.
3. Come clean, admitting that you’d screwed up (or, if there’s a perfectly reasonable explanation, offer said perfectly reasonable explanation and leave it at that).
4. Ban the journo’s IP, and then dig up his personal details and publish them on a hall-of-shame thread, leading, naturally, to said journo continuing investigating any alleged wrongdoing.

Update: Turns out the answer is 4 and 5, 5 being ‘use the DMCA to have the site in question suspended for copyright infringement‘ on what are, charitably, extremely dubious grounds.