No, the IPKat didn't forget -- he has just been busy doing other things. But now he has got around to writing a few choice words on the surprisingly and pleasantly interesting case of Nintendo Company Ltd and another v Playables Ltd and Wai Dat Chan  EWHC 1932 (Ch), decided on 28 July 2010 in the Chancery Division, England and Wales, by Mr Justice Floyd.
The claimants ('Nintendo') respectively (i) made and distributed the Nintendo DS games console (the console) and accompanying games and (ii) held the European distribution rights in the games. Her Majesty's Revenue and Customs Commissioners seized more than 165,000 game copiers, devices which fitted into the slots on Nintendo's games consoles. These devices contained either a built-in memory or a further slot of their own, with room to park a commercially available memory card on which copies of games could be stored. Clever little things, they also contained circuitry, software and data (including a copy of the Nintendo Logo Data File, or 'NLDF') which, Nintendo alleged, enabled them to circumvent its technical security measures which were supposed to prevent the loading and playing of unlawful copies of its games. The technical measures related to three features in particular: (i) the shape of the slot on the consoles, which corresponded to the shape of the game cards designed to fit it; (ii) the boot-up software which was permanently stored on the console and (iii) the use of shared key encryption technology and scrambling. It was these devices that Playables, a company under the control of one Wai Dat Chan, imported.
"(1) This section applies where— (a) effective technological measures have been applied to a copyright work other than a computer program; and (b) a person ...
(C) manufactures, imports, distributes, sells or lets for hire, offers or exposes for sale or hire, advertises for sale or hire, or has in his possession for commercial purposes any device, product or component, or provides services which— (i) are promoted, advertised or marketed for the purpose of the circumvention of, or (ii) have only a limited commercially significant purpose or use other than to circumvent, or (iii) are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of, those measures ...".
"(1) This section applies where— (a) a technical device has been applied to a computer program; and (b) a person (A) knowing or having reason to believe that it will be used to make infringing copies— (i) manufactures for sale or hire, imports, distributes, sells or lets for hire, offers or exposes for sale or hire, advertises for sale or hire or has in his possession for commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of the technical device; or (ii) publishes information intended to enable or assist persons to remove or circumvent the technical device ....".