Recently Nintendo have been mounting a more aggressive stance against the manufacturers and distributors of the cards we use to boot homebrew on the DS due to increasing piracy. The cases against Divineo in France and Grupo Movilquick in Spain have been resolved in favour of the defendants with the ability to “extend the utility of the devices for perfectly legal purposes” cited as the reason for dismissal of the lawsuits.

Movilquick ruling (translated), original.

Assenntek press release (translated), original.

These decisions appear to be in keeping with the most recent amendment to the ECD which protects reverse engineering rights for purposes of interoperability – DIRECTIVE 2009/24/EC

The current DSi “compatible” cards used to boot homebrew in DS mode on the new console are not affected by these rulings given that they all use modified commercial games to provide this functionality.