In what has the potential to be a major upset for Nintendo, a Paris judge has ruled that flash cards for the DS, such as the R4, are essentially, legal.

The judge ruled that Nintendo’s bids at stamping out the flash cards, such as the infamous R4, were unfair, and that the company “should be more like Windows where anyone can develop any application if they wish to.”

Nintendo have been fiercely protective of its copyrights over the years, and while flash cards are an important tool for home development and homebrew, their use in enabling people to play roms of commercial games is more than likely the prime factor in motivating people in their purchase.  Of course, while the sale of the cards themselves may be legal, this says nothing about the roms themselves.

Expect Nintendo to appeal this ruling, but for the moment, this has the potential to turn into something big.

Judge rules that Nintendo DS flash cartridges are legal in Europe [Pocket Gamer.co.uk]