Anti-DRM Group Sends Nintendo 200 Bricks

[linkvegeta]

I wish companies like Nintendo would stop wasting time trying to stop pirates and focus on the bigger problems like stores with trade ins like gamestop. They are losing more than 200X as much money from store like that compared to pirates.

Here's the problem though: they really can't do anything about Gamestop. At least in the USA.

http://en.wikipedia.org/wiki/First-sale_doctrine

The doctrine allows the purchaser to transfer (i.e., sell, lend or give away) a particular lawfully made copy of the copyrighted work without permission once it has been obtained. This means that the copyright holder's rights to control the change of ownership of a particular copy ends once ownership of that copy has passed to someone else, as long as the copy itself is not an infringing copy. This doctrine is also referred to as the "right of first sale," "first sale rule," or "exhaustion rule."

In other words, at least in the United States, they can legaly do nothing, short of refuse to sell games to Gamestop unless they get a cut of resale. Which would be a huge loss, and Gamestop would just sell used ones anyway. In other words, no dice in that regard.

And "200X"? Where did you get that number?

OT: (Read this very sarcastically) Ohhh, nooooo, they sent fake bricks! Whatever will they dooooo? It's not as if they can just ignore them or pitch them!!!

I did not know that. In fact I don't know a lot of thing about the United States. they could look into it in other counties though.

 

[Snotnarok]

I'm stumped that people are defending Nintendos insane DRM here but when other companies use DRM they bash them.

I don't care if it's nintendo or ubisoft it's bullshit. If you pay for a device or game it is YOURS, you should be able to modify, break it, draw whatever you want on it without N being able to take that device away.

It's like buying a toaster and it's "bread only" so you figure eh, what harm could an eggo do. And the toaster gets taken away because of it. There's more than piracy here people, privacy and the right to own something you overspent on for one.

 

[NinjaTigerXIII]

And now I'm glad I don't own a 3DS, and I never will. Well to clarify I was never going to get one, this is just another reason in the "Why I Didn't buy it" pile.

 

[geizr]

Trying to control modding and tracking the user have understandable uses. However, suddenly claiming ownership over any image I may take with the device, no, I don't think so. That's where I draw the line. That is an absolutely unacceptable term. Guess a 3DS is NOT in my purchasing future.

Seriously, companies need to learn that you can't just be a dick about selling a product, and consumers need to learn to just stop taking it up the posterior by sending the absolute strongest message possible: JUST. DON'T. BUY. IT. Businesses hear and comprehend only two sounds, the creak of the wallet opening(you buying something) and the slap of the wallet closing(you not buying something). Anything else is just incoherent dissonance to be ignored. This is the one greatest power every consumer has over every company(unless they are selling something like air, food, or water, i.e. absolute life necessities; then, other measures may be necessary).

Remember, businesses want your money more than you do. So, you weld the ultimate power by being able to withhold that money from them. Don't pirate, don't steal, and don't vandalize; just don't buy it. We'll see which of us runs out of money first.

 

[MiketheBassMan]

My mind is completely fucking blown by the people who think this is OK. When you purchase hardware, it is never OK for the vendor to render it unusable for any reason that they choose. You are not licensing the console, you are purchasing it. You own it. It's yours. It does not matter what you do with the console, and Nintendo has no bearing over how you modify the hardware.

What they could reasonably do is ban you from their systems and servers, making you unable to play online games through their systems, access software downloads, etc. It is patently ridiculous to think that they should be allowed to brick your device for any reason at any time, and even more so that they own any and all content you produce using the device.

Let's abstract an example. You purchase a high-end synthesizer with a proprietary Unix-based operating system that allows for networking. Everything you do with that synth is now the property of Roland, or whoever the manufacturer is, and they reserve all rights to your content. If you attempt to modify the synth's hardware in any way, they reserve the right to remotely brick it. lolwut?

Or even more relevant: You buy a new Dell laptop. Dell wants you to use Windows, which was bundled with the computer. You attempt to reformat the drive and change operating systems, and the computer is no longer able to boot. No one would ever find that acceptable.

It makes no sense. Arguing that cell phone carriers can restrict you in a similar fashion is not a good comparison, because phones are often distributed at a greatly reduced price based on a contract and service plan.

 

[Twilight_guy]

If only Nintendo cared. Guess what guys, so long as there are pirates companies that makes consoles are going to put in ridiculous clauses to protect themselves. Pirates are just that bad that if you give them an inch of leeway they are going to exploit it to hell. How about we deal with pirates too instead of just saying that companies suck shall we?

 

[Canadamus Prime]

In related news, Nintendo seen offloaded a large shipment of cardboard bricks to a recycling center and then presumably resuming business as usual.

 

[Psycho Cat Industries]

http://www.escapistmagazine.com/videos/view/extra-credits/3306-NOT-a-Security-Episode
All discussion is ended.

 

[koroem]

What is wrong with you people? This isn't about piracy, it's about owning the things you pay for. The terms of service here make it very clear that you don't own the device, they do. You're just paying for the right to use it. If that's how they want to do it, then fine. The device shouldn't cost any money though, because I'm not buying, I'm just renting it. I shouldn't have to pay such a high price for something I don't even own. And to all of the idiots saying "ZOMG STUPID PIRATES LOLZOR!!!" Modding=/=Piracy

Exactly 100% this. Furthermore, why aren't more people upset over this:

Along with Nintendo owning rights to video or pictures captured with the device, tracking user activity, and forcing non-optional updates,

That alone is enough for me to say fuck off Nintendo. It is as bad as Facebook claiming ownership anything you post on your Facebook page. I hate Facebook but Nintendo doing this now highlights how companies are becoming more and more aggressive at attempting to sell people licenses to use rather than products to own, and attempting to take their personal lives and spin them for profit. Then they can force updates in the future to further increase the amount of snooping they can do?

There should be laws against this kind of perversion.

 

[Distortionfile]

On the one aspect, claiming trade rights on your media is just evil. But wanting to protect their hardware from software piracy is completely legitimate. If pirates wouldn't religiously thwart every effort at DRM, they wouldn't have to take such extreme measures to prevent it.

 

[Himmelgeher]

Who would have thought that Nintendo has the right to limit your use of their device when you mess with it? =P

God, I wish life didn't overstock on the idiots when it did.

Who would have thought so many people blindly accept that a device you paid for is owned by the person that sold it to you?

Admittedly, I should have phrased my first sentence better. But when 98% of the people who "Modify" a game console do it for pirating, I don't feel too bad for NOT rephrasing it. Fact is that almost everybody who modifies their game consoles do it for piracy. I understand why Nintendo is doing what it's doing with the 3DS. And so far it appears that most gamers aren't too pissy about it except for this anti-DRM group, which are probably a bunch of pirates themselves.

Do you have a single fact to back ANY of that up? Because I'm willing to bet you're a self-righteous, self-important little brat who doesn't care about the actual issues at hand and for some inexplicable reason wants to stand up for some faceless corporation's "right" to invade your privacy and tell you that you don't actually own the things that you pay good money for. Because, from my experience, virtually every single modder I've ever met, online or off, does so for increased functionality and not for piracy. But what do I know right? I'm only basing my argument on "facts" and not sweeping generalizations based on idiotic and untrue stereotypes.

 

[1337mokro]

Thank god for European Laws. I'd hate to live in American where a company could legally burst into your house and break your shit if you install a mod that let's say allows you to play Japan only games on your Nintendo or other system.

Not to mention that if your kids get their hands on a 3DS Nintendo has the right to use whatever video they capture. Be that of daddy on the toilet or of their friends and it's completely out of your hands.

Can you believe that?

 

[MisterColeman]

This is really hurting the retailers more than anything. They ordered the 3DS in mass quanities under the assumption that it is a Nintendo Handheld, it has to sell.

Clearly the consumer response both to the gimick and the licensing agreement are causing the sales to be underwhelming. I have over 12 gamestops in town, they all have a wall full of the things either on display or hidden shamefully in the small storage office.

 

[EternalFacepalm]

Very many ignore the fact that it's possible to mod it to do something that isn't pirating.
Now you can't.

Also, it's ridiculous that it records every image, every video, EVERYTHING. I don't see why that would help against piracy.

 

[Thyunda]

I seriously can't believe I'm the only person to notice this. The 3DS gives automatic ownership to Nintendo for anything you capture with it. That's got nothing to do with piracy, that's just being a dick.

 

[V8 Ninja]

Admittedly, I should have phrased my first sentence better. But when 98% of the people who "Modify" a game console do it for pirating, I don't feel too bad for NOT rephrasing it. Fact is that almost everybody who modifies their game consoles do it for piracy. I understand why Nintendo is doing what it's doing with the 3DS. And so far it appears that most gamers aren't too pissy about it except for this anti-DRM group, which are probably a bunch of pirates themselves.

Do you have a single fact to back ANY of that up? Because I'm willing to bet you're a self-righteous, self-important little brat who doesn't care about the actual issues at hand and for some inexplicable reason wants to stand up for some faceless corporation's "right" to invade your privacy and tell you that you don't actually own the things that you pay good money for. Because, from my experience, virtually every single modder I've ever met, online or off, does so for increased functionality and not for piracy. But what do I know right? I'm only basing my argument on "facts" and not sweeping generalizations based on idiotic and untrue stereotypes.

Okay, I'll admit; I am stereotyping to a degree. But all of the real-world "Modders" I've met mod their consoles so that they can play pirated games. And I don't trust modders on the internet because it's as easy to tell a truth as it is to tell a lie.

 

[SenseOfTumour]

Maybe every line in the terms n conditions after the first ten should cost them 1% of the RRP, the more they pad out their terms with ridiculous BS, the cheaper the machine gets

Or maybe a checklist with a discount next to each one, you tick the ones you agree to,and get a code you can send in for a rebate, or you pay full price and get to use the damn thing you paid for how you like.

Seems fair to me, the less use you get out of something, the less expensive it should be.

Am I really reading this right, if I used a DS to film a section of an indie movie for youtube or the like, Nintendo now own my work?

Kodak, Nikon and the like need to get the hell on this bandwagon, I can just see them sending James Cameron a mail - 'BTW, Jimmy, Avatar 2? We actually own that as you used one of our cameras and just scrolled thru the terms n conditions and hit 'accept' like everyone else does. Thanks for the free money.'

I can't believe Apple haven't jumped on this, how many authors use a Mac?

The latest Extra Credits makes some good points on privacy, the idea that between Sony and Google storing your private information, while both need to,to be able to offer the services that they do, Google did it right by being completely upfront and open about it, and not hanging onto stuff they no longer need.

 

[raankh]

Ah, the wonders of neoliberal capitalism. Well, that's what happens when you deregulate everything in some utopian dream that companies will regulate themselves to satisfy the demand of the Consumer.

Here in Europe we aren't quite as far off the cliff as you people across the Atlantic, at least in some regards, but that's just a matter of time I think.

Although, Greenspan and his gang have admitted they were wrong and their ideas of self-organizaton and "structural reform" were just imaginary constructs, nobody want's to be defeatist, right? Onwards, towards WIN!!1

 

[Atmos Duality]

My main point, which is surrounded by asterisk still stands. Pirates will always pirate, you're only slowing them down. I hate pirates, to be honest. They're the ones making me type this, and making people work around DRM. But the thing is, I hate ignorance more. As well as incorrectly labeling moders as pirates.

I know this post isn't directed at me, but people who keep equating modders to pirates are committing a fallacy by default.

Suppose I accused every person who owns a firearm of being a killer?

http://www.escapistmagazine.com/videos/view/extra-credits/3306-NOT-a-Security-Episode
All discussion is ended.

This is relevant to the topic how?
Sorry, but I'm just looking for the point you're trying to make.