Archive for the ‘Copyright’ Category

Weekly News Roundup (1 June 2014)

Sunday, June 1st, 2014

That’s more like it. A solid news week, where I had a good choice of stories, and even discarded a few that I didn’t think would be worthy of an extended mention. Like this story about a possible breakthrough in PS4 jailbreaking – almost no other news sources carried this story, and so the authoritativeness of this news story was questionable.

Or this story about how the Wii U has outsold the PS4 in Japan. This could be due to issues with the PS4, such as stock or lack of games, or an issue with the Wii U (which isn’t doing that well either – so I guess nobody wants next-gen consoles in Japan), or just consumer trends. The fact that the Japanese video gaming market has always been a bit different to the rest of the world also means that this wasn’t the best story to cover.

Moving away from gaming, we have this story about the latest stats from the “six strikes” regime in the U.S. – an interesting read if you’re interested in stats and stuff, but the gist of it is that U.S. pirates seem to be more persistent than pirates say in France, where the first warning is usually enough to deter them from doing it again (whereas 30% of those that receive a first warning continue to pirate in the U.S).

And then we have this story where UK MPs are calling on Google to do more on piracy. I don’t even care what my own country’s MPs say, let alone what UK MPs have to on an issue they know little if anything about!

So that was the news that didn’t make the headlines here, let’s see which ones did.

Copyright

Cinavia Logo

A German firm claims to have broken Cinavia!

One of the most annoying, and hence successful anti-piracy measures ever devised has been broken. Cinavia anti-piracy protection, which has become more and more prevalent in Blu-ray releases, has been broken, according to a German company that has been working on it for years.

For those that haven’t had the pleasure of dealing with Cinavia, it’s an anti-piracy technology that embeds a watermark into the audio track, one that cannot be removed even via numerous re-encodings (both digitally and analog re-recordings). Once a Cinavia compatible player (which is all Blu-ray players, even ones on the PC, since 2012) detects the watermark, it warns the users of their transgressions and then does one of several things ranging from muting the audio to stopping playback altogether.

The common technique for dealing with Cinavia has been to substitute the audio with one from a release that does not use Cinavia, or to use a player that doesn’t support it. German company Pixbyte says they have now produced a tool that allows Cinavia encoded videos to be stripped of the Cinavia watermark, with only the audio needing to be re-encoded. On average, the company says, it only takes 20 minutes to get rid of Cinavia.

Pixbyte says they don’t fear any legal repercussions, as removing Cinavia isn’t the same as removing AACS or other types of copy protection. This is because Cinavia doesn’t prevent copying per se. I’m not sure if this line of argument will hold up in court though, since CSS and AACS technically doesn’t prevent you from copying the files either – they just come out all scrambled at the other end and unplayable. Much less playable than a Cinavia-borked file, but the idea is nearly the same. Time will tell if Pixbyte is right, or if they’ll be embroiled in some legal drama.

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Spotify Logo

Has Spotify helped to reduce piracy? Anecdotal evidence suggests it has, but the music industry says otherwise.

It’s common knowledge that services like Spotify have helped greatly in the fight against piracy. But some in the music industry do not believe that making available cheap or free legal alternatives is an answer to the piracy problem. Case in point, Australia’s music royalty collection organization, APRA AMCOS, recently wrote an op-ed piece blasting those that say legal alternatives are the way forward in the piracy fight (specifically in response to those who blame the lack of legal options for the high Game of Thrones piracy rate in Australia). APRA AMCOS’s Andrew Harris says the introduction of Spotify in Australia has done nothing to combat piracy, with piracy rate just as high as when Spotify and other legal services weren’t available.

By dragging Spotify into the Game of Thrones fight, Spotify had to respond and respond they did. Spotify’s managing director here in Australia, Kate Vale, rejected Harris’s assertions, saying there are plenty of anecdotal evidence around to suggest that Spotify is helping to win the war against piracy, and that the company is currently working on a project to illustrate just how effective Spotify has been. Vale also noted that music piracy was reduced by 30% in Sweden in the six years that Spotify has been available there, for example.

The problem as I see it is that the music industry has managed to indoctrinate themselves into believing the often hyped up and biased stats that they have paid to have produced. It’s as if they don’t want services like Spotify to actually be responsible for reductions in piracy, because these may not be things that helps labels make more money, and also because they’re platforms the music industry did not come up with themselves. It also makes their lobbying efforts harder if there is seen to be a simple and industry based solution, even if that solution comes from a different (I.T., Internet) industry. They’d rather be proven wrong about new harsher laws and anti-consumer technological solutions, than to be proven right that piracy is a pricing and availability issue.

Gaming

Ubisoft Logo

Ubisoft screws up another release thanks to DRM

Ubisoft is back in the headlines, and unfortunately, it’s again to do with DRM. Unfortunately, the much hyped and eagerly anticipated ‘Watch Dogs’ could not be released without a DRM controversy, as the PC version of the game was practically unplayable as the rush to play it on launch day crashed Ubisoft’s Uplay service. Despite the game having an offline mode, it also required online authentication with Uplay before gamers could be allowed to go offline. And so, PC gamers were left with an unplayable game they just purchased or pre-ordered at full cost.

This kind of thing has become too common to be ignored, and to be fair, it has less to do with DRM, and more to do with companies not investing enough in excess online capacity. You’d think with an industry so reliant on pre-orders, that they could and should have been able to predict the amount of traffic expected on launch day and plan for it. It’s just symptomatic of an industry that do not seem to have much regard for their most important asset: their customers. But with so many so willing to pre-paying for something that hasn’t really been properly reviewed (thanks to embargoes in place), perhaps it’s us gamers that are encouraging this bad behavior of treating us for granted. Because, the truth is, we do end up paying (and pre-paying) for all sorts of crap, and put up with even more unacceptable crap, and so maybe we do want to be taken for granted!

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I would never take you, dear reader, for granted of course. That’s why I painstakingly hand pick through all the useless and boring news stories for you, personally, every week. Beacuse I have to maintain a high standard of quality. It’s definitely not because I was lazy or busy playing video games or anything like that.  Ahem.

See you next week.

Weekly News Roundup (25 May 2014)

Sunday, May 25th, 2014

Sorry for the relatively tardy nature of this week’s WNR – it’s been a weird weekend, after a long and boring week. The boringness doesn’t just extend to my personal life, but also to the professional – mainly the lack of really engaging news stories. I judge the worthiness of news stories by whether it’s something I think it’s worthy of bringing to your, my dear reader’s, attentions. And unfortunately, most of the stories this week just didn’t cut the grade, including the ones that I will discuss in this issue.

I mean, just judge for yourselves. Take this story of Netflix dominating UK traffic (story digest: Netflix is popular in the UK. Whatsapp is popular in Africa). Here’s a story that I tossed and turned about, nearly wrote it up as I was desperate, but in the end, common sense prevailed. How much of a Netflix fanatic must you be to be interested in a non-story like that? I don’t think such a person actually exists.

Or this story (story digest: uTorrent bug might be causing errant traffic stats), which caught my attention, but at the end of the day doesn’t really make much of a difference. While I’m sure some will be interested in this story, I for one just couldn’t bring myself to write a story about a software bug that will probably be fixed by the time I wrap it up on here (story digest update: uTorrent bug identified and now fixed).

And there were many many other such examples for the week, including re-hashes of the major stories from the last few weeks (Xbox One Kinect blah blah blah, Netflix price rise and what it means for you blah, and so on). Even an expected update to the “Wii U is doomed” story line failed to materialise due to the lack of further April NPD updates.

So in other words, a slow news week. Apologies in advanced for the rest of the WNR, which covers two almost pointless stories, but were considered to be the best of the what’s available. Again, deeply sorry.

Copyright

The Pirate Bay Cloud Hosting

The Pirate Bay website may exists in the cloud only, and distributed on millions of people’s computers, if their P2P web browsing vision becomes a reality

The Pirate Bay’s official web browser, the PirateBrowser, has been downloaded more than 5 million times since its release last August. For those that don’t know, the PirateBrowser combines a version of Firefox with a Tor based tool and custom configurations to make sure censored sites, like The Pirate Bay, can still be browsed.

While the PirateBrowser definitely allows users to bypass copyright censorship regimes in countries like the UK and Denmark, it also works in countries like Iran and North Korea (assuming users there have the Internet. And a computer. And electricity), helping people there bypass their country’s freedom-curbing censorship regimes.

What is more interesting may be The Pirate Bay’s next software project, which will produce a P2P based web browser that allows websites, not just music, movies and games, to be distributed and stored in a peer-to-peer fashion. Imagine if instead of having a central server where The Pirate Bay content and data are stored, a server that can be shut down, that the website stuff is actually being seeded and shared by everyone who is browsing the website at the time. This effectively means that the website cannot be taken down, as long as at least one users is still seeding it, and it would also greatly reduce the resources needed to maintain such a site by the site’s owners.

Now combine the PirateBrowser and this new P2P way of web hosting, and you’ll have a side that cannot be blocked, or shut down. I hope those that supports copyright filtering and censorship will soon realise how much trouble they’re in for when this happens.

Gaming

Good news for Sony and the PS4 – the $399 console, released only six months ago, is already profitable. This compares much favorably to the PS3, which took 4 years and several re-designs to be finally not a financial burden for Sony.

PS4 with controller and PS Eye

The PS4 got the balance between performance and pricing just right, and gambled and won on a couple of smart design decision

What this also means, for us consumers, is that Sony can and probably will give us a price cut for the wildly popular PS4 if the competition between it and the Xbox One heats up as expected (following the Xbox One’s “price cut”). I don’t think it will happen in the short term though, as Sony is still not quite there yet in terms of being a profitable company (and it’s not really needed yet, given the popularity of the PS4).

Now some cynics might say this proves the PS4 was nothing more than an evolutionary upgrade, not the revolutionary stuff that we should have had. Others will say that Sony lucked out with the PS4 thanks to a gamble on the choice of memory, with improved availability and price very late on in the PS4’s design process allowing Sony to make a superior performing machine without an uninspiring price point. The fact that Microsoft decided to shoot themselves in both feet, first with the DRM (decision reversed) and the higher pricing due to mandatory Kinect bundling (decision now also reversed). also helped.

For me, the PS4 is what the PS3 should have been. The PS4 is a great combination of performance and pricing, and corrects most of the mistakes Sony made with the PS3, from design to promotion.

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Okay, that wasn’t as bad as I thought it would be. Not entirely boring or pointless, but not the most riveting stuff either. The next week is already looking better with a couple of late breaking stories, so fingers crossed. See you in a week!

 

Weekly News Roundup (11 May 2014)

Sunday, May 11th, 2014

It’s my fault. I totally forgot to mention the International Day against DRM, which took place last Tuesday, in last week’s WNR. I don’t know about these types of protests though. Most people are aware of DRM, most people are against it, so it’s not really an issue that’s crying out for more public attention. It’s like having a protest day against murder – ultimately it doesn’t really change anything. What will change things is if we modify our buying habits to reflect our disdain of DRM, but that can only be possible if there are legitimate choices. And with the film and gaming industries having a firm control on every step of the distribution process, it’s hard to see it happen unless a company like Apple or Amazon takes the brave step to go DRM free, like what Apple did in respect to iTunes music.

Oh, and Happy Mother’s Day to my mum and all other mothers out there!

Let’s get started on the news roundup.

Copyright

Those naughty Finns. You don’t really hear a lot about Finland in the news (well, not until Putin launches his Finland invasion anyway … I kid, I kid), but it is clear now they’ve all been busy, staying under the radar, and downloading tons of music (and some movies). $67 million worth on average for each person that lives there, apparently.

Spotify Logo

Finns need to download less pirated music, and use more Spotify, perhaps

A study of 6,000 random Finns, aged from seven to 84, found that on average, each of the 6,000 downloaded more than 2,900 pirated songs, and 90 movies. The $67M figure comes from multiplying the 2,990 “works” with the $22,500 per work fine that infamous perennial college student Joel Tenenbaum was slapped with. And yes, I know that’s not how it works, that lawsuits tend to take only a small sample of all possible acts of infringement and slap huge damages on these as a way of avoiding having to prove each of the 2,990 or whatever acts of infringement (which is what exactly statutory damages are used for). But you do have to argue that if Tenenbaum was guilty of $675,000 worth of piracy, then that’s at least what each Finn (on average) owes, based on the result of this study.

The study also found that heavy (as in the number of movies they download, not as in weight) movie pirates were more likely to pay for stuff than the more committed music pirates. Could be a statistical anomaly though, as they found movie pirates were also more likely to be wealthy. I would conclude that wealthier people are always more likely to pay for stuff, any stuff, than people who have no money to spend at all. But I’m not an economist or statistician.

The study also found that “monetary savings and quality perceptions” played a bit part in influencing piracy habits, but you have to pay to read the full study, and I’m definitely one of those that have no money to spend at all (but I’m not a big music pirate, I swear). It would be ironic is someone pirated the full text of the study though!

Three Strikes

Three strikes comes to the UK (becomes four strikes, and the strikes don’t really do anything)

So with so many pirates not just in Finland, but all the other ‘lands’ as well, such as England, Scotland and Walesland, something effective must be done about these dirty miscreants! Or we could just send them letters.

The UK’s version of three-strikes (well, four-strikes technically) does not have much bite compared to other similar regimes around the world. It doesn’t have the French’s Internet bannings, nor the varied punitive options under the U.S. system (which precludes bannings). It only has letters, four of them, after which no more letters will be sent, which I guess means the piracy problem is solved at that point.

The letter’s tone will increase in harshness apparently. Not sure what this means from a British perspective, but I hope at least one of the letters will feature the phrases “careful now” and “down with this sort of thing”.

The total waste of time will at the very least require financial input by the rights holders themselves, up to 75% of the set up costs, and tens of thousands of pounds per year to ISPs. As part of the agreement, the rights holders have the right to kick up a fuss and ask for harsher penalties (a fifth letter?) if this thing doesn’t bring down the piracy rate. Which it won’t.

Gaming

I really hate to bang on about the Wii U, but I had to cover the news that Nintendo has just posted a $457 million loss on the back of poor Wii U sales, the third year in a row that the company has failed to delivery a profit. The company had already revised down its Wii U sales forecasts for the Japanese fiscal year that ended on March 31, from the originally very optimistic 9 million to only 2.8 million – an estimate that still ended up being higher than the actual sales figures of 2.72 million.

Wii U

Wii U sales for the last Japanese fiscal year are only a quarter of what Nintendo had hoped it would be

For those keeping count, and I suspect you’ll have to be firmly in the Sony or Microsoft camp to actually want to keep count, this brings the Wii U’s lifetime numbers to 6.17 million. In comparison, the PS4 has already sold 7 million units after the first 6 months, and the Xbox One will eventually get there by the end of the year at the latest. More disappointing for Nintendo was that game sales, which has “high profit margins”, failed to materialise.

If it wasn’t for the 3DS, Nintendo’s fortunes would have been even worse. Nintendo forecasts 3DS sales to slow this year, with the Wii U selling a bit better at 3.6 million units. Somehow this will bring in an operating profit of $394 million for this current fiscal year. I think perhaps Nintendo is being a bit too optimistic again!

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That’s all folks. Just let me check if there are any other days of protest going on next week that I should inform you of. Hmm … nothing comes to mind. See you next week!

Weekly News Roundup (4 May 2014)

Sunday, May 4th, 2014

Welcome to another WNR. It’s getting colder here where I am, winter is certainly coming (in the southern hemisphere). Makes it just that much harder to get work started, especially on a Sunday.

Let’s get started anyway.

Copyright

Aereo Antenna Array

Aereo’s dime sized antennas – smart or too clever for their own good?

Trying to abide by copyright laws in the digital age can be tricky. Or rather, there are some tricky ways you can try to obey the letter of the law, if not exactly in spirit. Which is what Aereo’s business model seems like to me – completely legal (as tested in court, twice already), but does not quite pass the smell test.

For those that don’t know, Aereo allows subscribers to stream TV channels to their mobile devices, and even record programs to a cloud based DVR. Aereo gets around the “problem” of paying for a broadcast or re-transmission license by providing each subscriber with their own dime sized TV antennas, and each antenna is only used to provide content to one unique subscriber. So instead of broadcast or re-transmission, there’s a 1-to-1 relationship between each received signal and streamed or recorded content. It’s a technically sound and legal solution, but it’s seems to me like a ridiculous solution intended to be used as a loophole, and not a genuine piece of innovation.

Still, the only outcome I would want to see in the much publicized Aereo Supreme Court case is a victory for the start-up. With the lower courts and the appeals court already siding with Aereo, the Supreme Court would have to set new precedent, and do so in an incorrect way (not the first time with this court), to side with big business interests (again, not the first time with this court).

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Going to the cinemas and not get accosted by law enforcement is getting harder and harder these days it appears. While wearing a pair of Google Glass to the cinema (even if it is turned off, and only using it as normal prescription glasses) might be the very definition of asking for trouble, having a brick slider phone in your pocket is surely not going to attract any trouble, right? Well, an elderly woman in Provo Utah was not so lucky, accused of trying to record a movie with her “classic” phone and thrown out into the street for her troubles.

LG KC780

Is a slider phone like this a dangerous movie piracy tool?

The woman says the phone was in her pocket after her husband left half way through the movie and handed it to her. She was also using a closed captioning device, which may have been mistaken for recording equipment by whoever dobbed her in.

For me, even if she had been recording the movie on her phone, as long as it’s not disturbing other cinema goers, is it really such a big deal. The quality of the recording on a handheld phone, especially a classic slider style brick (probably only has a recording resolution of 640×480), is no threat to studios worried their films will end up online. The fact that the police officers who arrived to throw her out apparently did not find anything incriminating on the phone suggests no recording took place anyway.

So it looks this is a case of more collateral damage in the paranoid driven War on Piracy. Going to the cinemas has never been so dangerous, and it almost makes you wanna, I don’t know, download the movie and watch it at home or something. I mean, that’s what the studios are trying to achieve right? To scare people from going to the cinemas and making piracy look like the more attractive choice? No?

High Definition

Sony has issued the strongest indication yet that physical media may be on the way out. The company wrote down nearly a quarter of a billion dollars worth of assets in its disc manufacturing business, including Blu-ray manufacturing, due to slowing demand. You can blame Netflix for that, I guess.

Blu-ray Player

Blu-ray is unlikely to reach the sales highs that DVDs once enjoyed, but it’s not going away any time soon

Those that follow our weekly Blu-ray sales analysis will be able to spot the trend of a rapidly slowing DVD business, and a slower than expected take up of Blu-ray (unable to make up for the losses in DVD revenue). While Blu-ray is still growing in the US, it’s doing so slowly. Much of the growth in the home entertainment industry is coming from purely digital services like Netflix. And while both the PS4 and Xbox One is using Blu-ray discs for distributing games, even the gaming business is moving towards digital streaming and downloads. Sony has invested heavily in its digital distribution networks in recent times for both its media and gaming businesses, a sign that the company is fairly certain its predictions are correct.

So after considerably effort to win the HD format wars, which looks to have at the very least severely damaged the PS3’s chance to win the last generation wars, has Sony’s support for Blu-ray been worth it? While Blu-ray demand will not grow as quickly as the company had wanted, there is no evidence that Blu-ray is dying (how can there be when its demand is still growing?). And with Microsoft now firmly in the Blu-ray camp with the Xbox One, it’s pretty clear that Blu-ray will take over from DVDs as the dominant disc format. That, however, may be a hollow victory as people move away from discs altogether.

So Blu-ray’s peak will be a smaller peak that that of DVD’s, but it will still be around.

Well, I’ve definitely passed my peak for the day, so it’s time to call it. See you next week!

Weekly News Roundup (27 April 2014)

Sunday, April 27th, 2014

Welcome to another WNR. I usually write this intro after I finish writing the rest of the article, and I’ve just realised all of this week’s stories are about giving people what they want (or not giving them what they want). Unsated demand creates services like Popcorn Time, and this week, Zona. It also forces people to use VPNs to access US online services like Hulu Plus. And Nintendo failed to take into account what people wanted when they designed the Wii U. Give people what they want. It’s not that hard!

Copyright

Zona

Zona: Combining the best of Netflix, Hulu Plus, HBO Go, Spotify and many others into a killer piracy tool

Last month we had Popcorn Time. This month, it’s all about the Zona. If Popcorn Time as the Netflix of piracy, then think of Zona as Netflix combined with Hulu Plus, with a dash of HBO Go, stir in Spotify and you’re about half way there to what the new pirated streaming and download tool Zona is all about. There’s also live TV and sports streaming, millions of music tracks and streaming radio. And even porn! There’s also Android support, and DLNA streaming to enabled TVs.

With a super slick interface, and features that you can’t even get on Netflix, tools like Zona might just give Hollywood and the music industry something new to keep them awake at night. The greatest barrier to mass adoption of piracy has always been the technical hurdles, but if tools like Zona can make streaming and downloading easier than using iTunes, then it’s likely to reach a whole new group of users. It’s the MPAA and RIAA’s worst nightmare, and what was always going to happen due to the arms race they’ve been building against the pirates. Actually I take the last statement back, because the MPAA/RIAA’s worst nightmare would be a tool like Zona, but totally decentralized and anonymous. No one to sue? Scary!

No doubt the likes of the MPAA, RIAA and the law enforcement friends are ready to dial up the pressure. But the Russian based Zona might just find itself in a fortunate position, what with Russia unlikely to be very receptive of US demands at the moment, whether it’s the situation in the Ukraine, or copyright stuff.

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Oh crap! How else am I gonna get my fix of the excellent Review show now that Hulu has started banning VPN access. They’ve not yet made a move against DNS geo-unblockers like the one I’m using, but it may simply be a matter of time.

Obviously Hulu are under pressure from rights holders (well, I mean they’re owned by rights holders too) to stop overseas viewers from accessing the delicious new release goodness, but it appears the network ban has also blocked US subscribers using VPNs for piracy purposes. Collateral damage, I guess.

I’m sure an eventual workaround will be invented to allow people like me a taste of what those lucky enough to be in the US take for granted, or even better, if they don’t ban DNS geo-unblockers at all.

It’s all about greed though. Greedy studios looking to extract as much money as possible (but unable to do so in their most competitive markets) overcharge people overseas or deny them speedy access to content. Then when people go out of their way to try and pay for more affordable content, studios aren’t happy about that either (because in their mind, if 100,000 people in Australia are paying Hulu $7.99 per month instead of $79.99 per month for overpriced local services, then that’s $7.2 million they’re “losing” every month). Except by denying them the cheaper services, people won’t just fork over the cash for the overpriced ones – they’re just flock to piracy (see Game of Thrones and Australia). It’s a lose lose for everyone, but it’s the direction that content holders are always taking.

So. Hulu VPN banning: I give it half a star (because I cannot give it zero stars).

Gaming

Last week I asked if the Xbox One was in trouble. Not “Wii U” trouble I said, but trouble as in losing their dominance on the U.S. video games market. This week, I shall expand upon what exactly I meant by “Wii U trouble”, and it does not make good reading for Nintendo and fans of their consoles.

Just how much trouble is the Wii U in? To say that it’s not selling as well as the Wii is probably the understatement of the decade, but that was to be expected – the Wii was a freak of nature, a one off perfect storm of the motion and casual gaming crazes, taking advantage the then current situation where you had the overpriced PS3 (at that time), and the noisy and unreliable (at that time, too) Xbox 360. So if I told you that the Wii sold ten (10!) times as many units as the Wii U during the second March for both consoles (having both being released in November a year and a half prior), that’s probably not too surprising.

Wii U Boxes

Wii U sales trail the GameCube at the same stage of their sales cycles

But if I were to tell you that the much maligned GameCube was more than twice as popular as the Wii U, again during its second March (and again, after a November release from the year before the last), it does provide some perspective as to just how much trouble the Wii U is in.

In their second Marches, the Wii sold 721,000 units and the GameCube managed 165,000. The Wii U has just managed 70,000.

It’s interesting to note that the Sega Dreamcast was cancelled at the end of its second March, having sold more units during its limited lifetime than the Wii U during a similar time frame. The Dreamcast’s cancellation had more to do with Sega’s financial woes, not something Nintendo has to worry about, so there’s no suggestion that Nintendo will cancel the Wii U. What might happen is that a new console will be brought out to try and get Nintendo out of this hole, and much sooner than expected. A console that could compete on price and performance with the Xbox One and PS4, perhaps, with Nintendo’s own special touches. Or Nintendo could keep on digging and hope for the best.

I know which I’d choose.

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That’s it for this week. Hope you’ve enjoyed this WNR, see you in seven days!