Date: Tue, 19 Jan 93 14:18:46 PST From: metal@PNET01.CTS.COM(Conal G.) Subject: File 6--Nintendo News Release (Re: BSA APL Bust - Oct '92) NEWS RELEASE FOR IMMEDIATE RELEASE CONTACT: Lynn Hvalsoe\Nintendo of America, Inc. 206/861-2096 James Bikoff/Arter & Hadden 202/775-7100 NINTENDO JOINS IN SEIZURE AGAINST ILLEGAL BULLETIN BOARD SOFTWARE REDMOND, WA--As part of a continuing and aggressive effort to halt counterfeiting of video games and business software, Nintendo of America Inc. and six major software manufactures filed an action against distributors of a computer "bulletin board" network system giving software acess to users. Illegal software was seized by authorities from APL, an electronic bulletin board computer system (BBS) headquartered in Baltimore, MD. "Counterfeiting and illegal use of video games and business software has grown immensely over the past few years. We have and will continue to prosecute those who've become part of the underground counterfeiting network", said Lynn Hvalsoe, Nintendo's General Counsel. The legal action outlines that illegal software wass accessed through operators who provide personal computer users a code to enter the system via telephone and modem. Illegal bulletin boards have become a popular trend, with an estimated 5,000 systems in the United States. Illegal bulletin boards also have been found in Europe and Asia. This case represents the first time video game and business software companies have joined together to fight software pirating. The business software companies, represented in this case through the Business Software Association (BSA), include Aldus, Autodesk, Lotus Development, Microsoft, Novel and WordPerfect. All companies, including Nintendo, are individual plaintiffs in the legal action. The action is part of Nintendo's large anti-counterfeiting campaign much of which is aimed at illegal video games being manufactured, sold and shipped from Taiwan, Hong Kong, and other countries. "Counterfeiting is a very serious crime and Nintendo is working hard to let violators know they will be pursued and charges will be brought against them," added Hvalsoe. Hvalsoe pointed to success this year in the signing of Federal legislation (S893) which elevates copyright infringement, such as that engaged in by bulletin board operators, to a felony with penalties of up to $250,000/and up to five years in prison. Nintendo of America Inc. is based in Redmond, Washington and is a wholly owned subsidiary of Nintendo Co. Ltd., Japan, the worlds largest manufacturer and marketer of video games. -=-=-=-=- Submitted by Metalhead of Rockin' Alliance Phile 1/2 UUCP: {hplabs!hp-sdd ucsd nosc}!crash!pnet01!metal ARPA: crash!pnet01!metal@nosc.mil (I received this in the mail about 5 days after I received the News Release) ++++++++++++++++++ ARTER & HADDEN 1801 K Street, N.W., Suite 400K Washington, D.C. 20006-1301 202/775-7100 Facsimile 202/857-0172 Telex 6502156242-MCI CLARIFICATION The News Release you received from Nintendo of America was provided for INFORMATIONAL PURPOSES ONLY. No response is required. You were selected to receive this News Release, because you are a person who is interested in or involved with bulletin boards. The fact that you received this News Release does not mean that you or the BBS you operate are under investigation. Moreover, Nintendo of America has not singled out for investigation users of PCBoard software. The single civil lawsuit that was the subject of the News Release was filed against the APL BBS, which was located in Baltimore, MD. This BBS was strictly a pirate board, and the system operator actively encouraged users to upload and download large amounts of copyrighted software. CLARK DEVELOPMENT COMPANY, INC. WAS NOT INVOLVED IN THIS LAWSUIT AND DID NOT SEE THE NEWS RELEASE IN ADVANCE OF ITS DISTRIBUTION. We recognize that there are many legitimate bulletin boards and many honest system operators who support the ethical use of software. Unless you have questions about action taken against the APL BBS, however, please do not call Clark Devolopment, Nintendo of America or Nintendo of America's attorneys. Please pass this message on to anyone you know who received the News Release. You are encouraged to post this message on your BBS. -=-=-=-=- Submitted by Metalhead of Rockin' Alliance Phile 2/2 Downloaded From P-80 International Information Systems 304-744-2253