The cause behind Nintendo's battle is the sale of chips that enable piracy on the DS.
Nintendo has filed a lawsuit against Queens, New York based company NXPGAME. According to Nintendo, the company owns several websites that sell illegal copying products. When asked to stop selling the product, the company agreed, but later continued to sell the product under a different website address.
The suit explains that customers were sent to another website in order to continue purchasing their products. Nintendo has tried several times to stop the retailer to stop selling the products, and now accuses them of "willfully infringing on the company’s intellectual property rights."
Nintendo also stated that the company infringed Nintendo's copyrights by using its registered trademarks.
"Using game copiers to play unauthorized downloaded games is illegal and it’s wrong," explains Jodi Daugherty, Nintendo of America’s senior director of Anti-Piracy.
BIT.TRIP series creator Gaijin Games also stated that 70 percent of their audience reached their games illegally, according to CEO Alex Neuse. "When their creative works are stolen and copied illegally, some companies find it difficult to survive economically," says Daugherty.