Chapter 1

Politics of the Nintendo DS Homebrew Movement

Background Information

Since the Nintendo DS debut, Nintendo enthusiasts ranging from pre-pubescent kids to 30-year-old college dropouts have been wanting to develop their own games and applications for the Nintendo DS. Nintendo has stated that the DS stands for "Developer's System". For those worthy enough to land a nice developing contract with Nintendo, it truly is. However, most people will never receive this contract, special permission from Nintendo to commercially produce games for the Nintendo DS. In order to obtain a contract with Nintendo, you must prove your worthiness by showcasing an amazing game or other piece of software to them. You must have a stable financial history and expected stable financial future. You must have ample funding to buy all the official Nintendo equipment to develop for the system. Most game development houses don't even get that far. Most games on the market today are put out by what is referred to as a publisher. Game development houses will produce their game partially, show it to a publisher, and the publisher (who already has this development contract with Nintendo) will fund the game development house and market their game. All this bureaucracy makes it very difficult for the common person to produce their own, personal-use games.

This is where the homebrew movement comes in. Dedicated hobbyists spend weeks reverse engineering the Nintendo DS hardware, just to make it possible for common people to produce for the system (by providing a cheap alternative to official Nintendo development). These dedicated hobbyists come from all walks of life and cultures, many from Europe and the U.S., and bring with them great knowledge. These people make up the homebrew movement.

Homebrew is legal for a number of reasons. You own the hardware you reverse engineer, so you are free to do with it as you will so long as you don't break the law. Breaking the law would include breaking proprietary copy protection, pirating video games, publishing illegally obtained trade secrets, or otherwise trying to profit off someone else's hard work. Homebrew poses no threat to the official developer kit, as it is so primitive in comparison. Even if you made something to compete with officially produced software, it would be near impossible to publish it. Companies often benefit from homebrew communities. Although software pirates often steal from homebrew discoveries to pirate software, the homebrew community abhors piracy and takes a strong stance against it.

When you buy a piece of hardware, you own it. This means that you are free to break it open, dive into it, reverse engineer it, and so forth. You may void your warranty, but that's the price for learning the intimacies of any system. The only illegal things on this line would be to put into production and sell products made with patented features (without negotiating a production deal with he patent owner), bypassing or breaking copy-protection, or stealing software code. Reverse engineering to learn about how the hardware works and to make something fun for the community is totally fine.

The homebrew tools available for game programming are far behind anything the game company who produced the system could provide (the official development kits). Game system developers have an intimate knowledge of the hardware, as they developed it. The homebrew community has only outsider knowledge through experimentation with the hardware.

It would be close to impossible to publish a game made with homebrew tools. Nintendo would not license your game. It would be hard to find another publisher who would try to publish something made with homebrew tools against Nintendo's will. On other systems besides the Nintendo DS, this is also true.

Companies often don't have a problem with homebrew because it increases the demand for their gaming systems and helps them to learn more about their consumer base. One example of this is with the Xbox. The Xbox homebrew community made the Xbox do things that Microsoft never thought consumers wanted like play indie games, emulate classic game systems, run the Linux operating system, and so forth. Microsoft then included a lot of these features (excepting Linux, of course) in their most recent gaming console, the Xbox 360 via a system called XNA Game Sudio and Xbox LIVE Arcade (XBLA). If a company wants to squash homebrew developers for whatever reason, they'll be smashing an essential fan base that loves that company's hardware design and has the potential to improve it (all at no cost to the company). Homebrew caused such a high demand for the Xbox that it would not have been in Microsoft's best interests to ignore or punish it.

The downside of homebrew is that software pirates often steal from the discoveries of homebrew and use that information to bypass copy-protection and to pirate games. Some companies may take a stance against homebrew for this reason, but doing so is unproductive. Piracy is regrettably inevitable in any industry. It is extremely destructive, annihilating game development houses because publishers will no longer publish their games due to a high piracy rating on the platform the game developers are developing for. Homebrew developers know this, and as the amateur brothers of the official game developers, they share the pain. Homebrew will usually keep all information regarding copy-protection in high secrecy; even if they know how to copy games, they will not share the information. The homebrew community does not want to see the system they so dearly love come to an early death.