Cardboard bricks against 3DS TOS...:

Total posts: [20]
1 onyhow30th May 2011 04:30:36 AM , Relationship Status: Squeeeeeeeeeeeee!
Too much adorableness

Key quote:
The "Defective by Design" campaign is a response to the handheld's user agreement, which includes clauses that the group feels are unfair to the consumer. Along with Nintendo owning rights to video or pictures captured with the device, tracking user activity, and forcing non-optional updates, Nintendo has the right to "render the system permanently unplayable" if an unauthorized device or mod is applied to the system.

So...what do you guys think?

edited 30th May '11 4:30:47 AM by onyhow

Give me cute or give me...something?
Chaotic Greedy
I think that this license agreement is awful. Basically, it means that if you buy a 3DS, what you have in your hands doesn't really belong to you.

edited 30th May '11 5:11:08 AM by Medinoc

"And as long as a sack of shit is not a good thing to be, chivalry will never die."
3 Sabbo30th May 2011 05:24:16 AM from Australia , Relationship Status: Coming soon to theaters
It never did. The same applies to essentially all the software and hardware you "own", for that matter.

That said, this is going a bit further than most companies tend to go...
Chaotic Greedy
[up]Wrong: It's legal to do what you want with hardware, including completely replacing the software.

Also, I doubt the "Nintendo owning rights to video or pictures captured with the device" part is legal.

edited 30th May '11 8:41:37 AM by Medinoc

"And as long as a sack of shit is not a good thing to be, chivalry will never die."
^ This. You own the hardware. Software you typically license, which is an agreement to not break into it and screw around with the code to make your own thing and sell it back. Hardware, the most they can do is refuse warranty or service if you mess with it.

Mind you, this means that they can make the OS not work if you mod the console, which means that while you could mod it and turn it into whatever you wanted, it wouldn't function as originally intended ever again.

I worry about the pictures thing. There's been a lot of that going on; some of it has to do with license agreements that merely say "If you post things online on our service you give us the right to show them to people," others get... ridiculous. Twitpic's new owner has apparently been screwing people on this, claiming that pictures they posted on the service can't be used for commercial purposes, or some such. Since copyright doesn't work that way, I'm fairly sure it's not enforceable except by financial pressure (wasting time and money in stupid court bullshit). Still, I'd check before using it.

edited 30th May '11 8:50:10 AM by GoggleFox

Sakamoto demands an explanation for this shit.
This is kind of asinine, but the only part that will have any effect on me personally is the bit about them owning your pictures, though it's not like I intended to use them for commercial purposes anyway.
7 Enlong30th May 2011 11:04:10 AM from The Underground Facility , Relationship Status: is commanded toŚ WANK!
Court Dragon
So... don't install illegal software?
I have a message from another time...
8 Tyyrlym30th May 2011 11:05:22 AM from Normandy SR-2
[up][up]Even if you don't intend to use them as such it's still ridiculous for Nintendo to think they can claim ownership of you own images regardless.

So... don't install illegal software?
1) The software isn't illegal. 2) It's hardware you own. 3) There's more too it than just that.
"Tyyr's a necessary evil. " Spirit
9 Enlong30th May 2011 11:19:43 AM from The Underground Facility , Relationship Status: is commanded toŚ WANK!
Court Dragon
I thought this was for hacked games and flash carts that let you get games for free and such. That isn't illegal? I guess I have a lot to learn.

And please elaborate on #3. I'm intrigued.
I have a message from another time...
10 RhymeBeat30th May 2011 11:23:27 AM from Eastern Standard , Relationship Status: In Lesbians with you
Bird mom
Considering that the system is also region locked this means it's effectively impossible to play games never released in your region.
11 Noelemahc30th May 2011 11:31:50 AM from Moscow, Russia , Relationship Status: Gay for Big Boss
[up]That. That shit is my Berserk Button. Suddenly, you're not only dependent on the asshole translators (half of which do not know what they're doing) to convey the meaning of the original text, because there is no original text available legally, you're also dependent on the bigwig publishers to bother releasing the game for your region. When the bigwigs will finally realize that this hurts the industry far more than it heals by (reportedly) limiting piracy and import cheating (which also hurts the industry when you buy a game from Region 1 because it wasn't released in Region 3, and then obviously DON'T buy it when released in Region 3, which leads to skewed statistics on R3 sales).

Same goes for similar restrictions on Blu-Rays and DV Ds (thankfully, circumventable, if you know what you're doing).
Videogames do not make you a worse person... Than you already are.
12 Kayeka30th May 2011 11:38:54 AM from Amsterdam , Relationship Status: Brony
World's biggest wannabe
[up][up]The regionlock was indeed a terrible dickmove.

The rest, not so much, really. It's mostly been used for piracy anyway.
People say I have a problem with authority. I say that authority has a problem with me.
13 Rationalinsanity30th May 2011 12:37:05 PM from Halifax, Canada , Relationship Status: It's complicated
I don't see how Nintendo attempting to claim ownership of images taken with the 3DS would ever pass in court.
Politics is the skilled use of blunt objects.
"Nintendo owning rights to video or pictures captured with the device"

No, that's just a "you can't sue us because your Mii appears in gameplay" clause. The bricking is wrong though.
15 Reflextion30th May 2011 12:41:43 PM from (Just) Outside the Asylum , Relationship Status: What's love got to do with it?
Sanity Hurts
[up][up] Simply by virtue of the fact that, as mentioned, they can afford to waste time and money in litigation but John Q. Enduser can't and therefore has to settle, I would assume.

edited 30th May '11 12:42:00 PM by Reflextion

When the world around you has gone crazy, staying sane is the craziest thing you can do.
Actually, it's Euphinatrix.
Thank goodness! Now, all these horrible pirates, hackers, and homebrewers will finally get what's coming to them! After all, what better way to ensure that my enjoyment is protected than to completely ruin someone else's?

Serves them right for trying to modify a system. Don't they know it's illegal?

It's like saying that it's legal to modify your own COMPUTER! The bastards!

But in all seriousness.

Why can't Nintendo learn from Sony? It's like trying to quell a rebellion by oppressing the peasants more.

Wait, almost every country did that...

And look how they turned out.

@Enlong: Hacking =/= Pirates rippin' off the system and ruining everything for everybody.

edited 30th May '11 12:45:13 PM by RenaTheArchmage

I am become Death, Destroyer of Miniputts.
Region Lock again?

Oh My
...they own my pictures?


If someone wants to accuse us of eating coconut shells, then that's their business. We know what we're doing. - Achaan Chah
19 Enlong30th May 2011 06:35:32 PM from The Underground Facility , Relationship Status: is commanded toŚ WANK!
Court Dragon
Perhaps I am being sorta na´ve. I honestly didn't think that the whole bricking thing would trigger on stuff other than hacks or stolen games and such. As such, I didn't think that legitimate consumers would be inconvenienced by it. Honest truth.
I have a message from another time...
Morgan Freeman is God.
Serves them right for trying to modify a system. Don't they know it's illegal?

It's not illegal, but it is against the terms of service. By buying a 3DS, you're signing a legal contract that says you won't try to modify the system, and in return, Nintendo won't brick it.

So, from a certain point of view, it is illegal to modify the system.
The system doesn't know you right now, so no post button for you.
You need to Get Known to get one of those.

Total posts: 20