Anti-DRM Group Sends Nintendo 200 Bricks

[Kilyle]

...It's not a question of IF it's going to be worked around but a matter of WHEN. Furthermore, when you commit dick moves like this it only encourages some people to bust your little system open that much further and work that much harder on it.

Also, if you wonder why legitimate paying customers often times side with the pirates against the big faceless corporations (or) decide that stealing your products is just some round about form of karma (then) you've no one to blame but yourselves.

Sorry to clip it so crudely, but it was kinda long for a quote. Anyway, you said a lot of what I've been thinking as I read through this debate.

I'm a dyed-in-the-wool Capitalist: I think a company has every right to make a profit, and that the company gets to decide how best to make that profit and how high to set the bar. But I get my hackles up when a company tries to assert its rights by trampling over the legal rights of consumers... or, for that matter, their ethical rights (such as ownership of the pictures I take, regardless of the equipment I use to take them).

This move won't stop pirates and will hurt legitimate consumers. I think that's enough to concern anyone.

 

[dochmbi]

I'm ok with this so long as on every 3DS package it says clearly that you will not gain property rights to the 3DS they will remain with Nintendo, by purchasing this product you are merely acquiring usage rights to a 3DS console.

 

[dochmbi]

This brings a whole new meaning to the term: constructive criticism.

Ha, that was actually a good pun.

[youtube]http://www.youtube.com/watch?v=oShTJ90fC34[/youtube]

 

[dochmbi]

I would never mod my 3DS or use unauthorized devices (which im guessing is Action Replay), so how does this affect me at all? It doesnt, so my rights arent being infringed at all. Only those who want to cheat the system and pirate games. And dont kid yourself. The majority of the people who would mod their system would do so to pirate games.

You have to protect other peoples rights and liberties because often the grounds for them are the same as for rights and liberties which concern you.

 

[Katana314]

I'm often a proponent of used games being just as bad as piracy, and feeling that Project $10 is fine.

Please do yourself a favor and look up "First Sale Doctrine". I don't mean this to sound snarky or smug, but assuming you don't live in the EU (and your profile says USA), it is something you should know.

The first-sale doctrine is a limitation on copyright that was recognized by the Supreme Court of the United States in 1908 (see Bobbs-Merrill Co. v. Straus) and subsequently codified in the Copyright Act of 1976, 17 U.S.C. § 109. 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."

tl;dr If I buy X product from you, you don't get any money if I sell it. Sorry. Also, at least there IS a sale done in Used gaming. 1 sale = 1 disk. With piracy, 1 sale can = hundreds of thousands of games

OT: Nintendo, you have two options to deal with hackers. Do the Microsoft approach (at least in this one case) ( http://www.slashgear.com/microsoft-offers-free-windows-phone-7-to-geohot-20127466/ ) Or fight your consumers in a war of attrition which will lead to you losing. The choice is yours.

We kind of established in another thread that legal =/= right. I recognize the law, and I see where it is meant to be applied, as well as its justification. I don't have a plan for how I think it should be changed, but I don't think it should apply to everything, including games. For instance, I highly doubt that first-sale applies to services such as a contract with your ISP for the next 12 months.
(Not sure if you assumed it, but I also don't support piracy at all either)
It is kind of nice to hear that in an absolute worst-case scenario, first-sale means that if 1,000 people played your game, at least 500 people bought it.

 

[FrancoDHorse]

So wait what are they supposed to do with the bricks?

They could temporarily brick it, if you like, and then the only way to reverse this is to take it into an appropriate shop or outlet and have it fixed, more or less proving foul play (but giving you a chance to defend yourself if you are innocent) so Nintendo can deal with it as appropriate.

I actually like that idea. Say you go to Nintendo World and ask to go to the back room and ask nicely to unbrick your system... for a price, obviously. And then you can go on your merry way and buy the game you tried to pirate (you are in Nintendo World so why not do it then)

 

[Low Key]

Everything about electronics today pisses me off. No, you fuckers don't have the right to know where I am, what sites I go on the most, or whether or not to brick my device. Fuck you, go to hell. If I want to sand off Nintendo and paint Microsoft onto it, that's what I'm gonna do. If I want to create my own firmware, that's what I'm gonna do. Eat shit Nintendo.

This is exactly why it took me so long to buy a smartphone. Then I found Cyanogen and rooted my phone to install it over Android. Go ahead and call me paranoid, but I know the shit that happened to PSN as well as many other services from other companies will not only continue, but increase as we become more technologically advanced. No one is gonna be stealing info about me, that's for sure.

Watch and learn

 

[Aggieknight]

Along with Nintendo owning rights to video or pictures captured with the device

This part bothers me far more than the device being intentionally bricked for TOS breaking modifications.

Me 2.

I'm sure people would be sharpening their pitchforks if Apple's newest ToS said that they owned all the pictures you took on your iPhone. WTH Big N?

Personally, I'm not concerned about the Bricking ToS. There is no way that it can stand up in court. The Supreme court decided two decades ago that what a consumer does with their product after they purchase it is up to them. Nothing prevents Big N from threatening to do the bricking, however...

 

[Haro]

EVERYONE is overreacting about this.

That's all I'm saying.

THANK YOU!

I'm glad I'm not the only person who thinks this is all a tad ridiculous over a handheld game device

Hardware and software tampering has always brought consequences for the vast majority of computers and game systems, because while you may own the actual device, the company has proprietary control over all of the software and hardware designs, and tampering to get around the measures that they design in that device is usually pretty serious. Hacking can be fun and useful in certain circumstances, but the vast majority of the time, it can be harmful for the parent company and even other users. Comparisons to cars are generally woefully inadequate, but it would be closer to you being denied car registration because you modified it to the point where it is not street legal.

But the bottom line of this is, why should people care? The vast majority of users do not modify their systems, so why should they go through the trouble of petitioning Nintendo so that moders can mod legally. While I wouldn't say that all moders are pirates (though I have a hard time thinking of any other noteworthy modification for a 3DS) you cannot deny that Nintendo has a right to address the issue of piracy. If you want to get Nintendo to loosen their TOS, then more people need to crack down on pirates, otherwise why should they even bother? Even though Terms of Service are getting tougher, most people don't feel the effect of it at all. It may be foreboding for the future, but at the moment, no one cares.

As for the photo's, video's, and tracking, I agree it's a little nuts, but I really wouldn't bother with all that stuff on a 3DS anyway, if I even had one.

 

[aesondaandryk]

Stupid. Where's Apple's box of bricks?

 

[DarkBlood626]

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.

Well just think of it this way. What if car companies said that they had the right to destroy any cars that were modded against Factory Specs?

Yes this is only gonna affect Pirates for the most part, but the notion that a company still has the rights to do something to a machine that I've bought and paid for is just unsettling. It eliminates purchasing power and turns it more or less into an extended lease

Do you have Allodial title to that car? no then you do not own it you have possession. To own it the way you think you do, you need to pay in cash and ask for the manufactures title of origin. Then you actually own the car and are not required to purchase insurance obtain a drivers licence (unless you are using the car to undertake in commerce)and so on.

If not the state partly owns it and you are obliged to follow what ever bullshit (speed limits) or other limitations on you?re right to travel or other right in context they see fit, oh but you own you?re house right well did you buy your house through retail?

Remember rights derive form property and you would be surprised how little claim you have to what you think you own

 

[FriedRicer]

Tracking locations i can understand, Bricking it if you screw around with it, annoying but still understandable.

Owning rights to any picture you take? That seems like buying a camera and not owning the film.

Agreed the bricking issue is because, let's face it, people modding the system are doing so to play pirated games, so without condoning or condemning, I understand. The fact that Nintendo own any pictures or videos though seems far too invasive.

"without condoning or condemning, I understand."-Dr. Manhattan?

 

[Demonstryde]

well i guess im really screwed if this is true.. apparently i have an unothorized version of mario party (someone cracked a cheap game and put mario party on it with mario party sticker)that i bought from ebay and played in my 3ds the first day i got it....i was not aware it was a hacked version until after i put it in my 3ds,,,,,,,so unless im a pirate this has obviously fucked me,, anyone else see a problem here? how is this stopping pirates if it screws someone who pays for a game and still gets screwed?

 

[Lionsfan]

Do you have Allodial title to that car? no then you do not own it you have possession. To own it the way you think you do, you need to pay in cash and ask for the manufactures title of origin. Then you actually own the car and are not required to purchase insurance obtain a drivers licence (unless you are using the car to undertake in commerce)and so on.

If not the state partly owns it and you are obliged to follow what ever bullshit (speed limits) or other limitations on you?re right to travel or other right in context they see fit, oh but you own you?re house right well did you buy your house through retail?

Remember rights derive form property and you would be surprised how little claim you have to what you think you own

An Allodial Title is for land and buildings....not vehicles....

And I'm not talking about if you're making payments on a vehicle to the dealer (whether it's a lease or something). I'm talking about a car that has been fully paid off, like how a DS would be