This part bothers me far more than the device being intentionally bricked for TOS breaking modifications.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.Along with Nintendo owning rights to video or pictures captured with the device
That had absolutly nothing at all to do with this discussion. not even close. the issue is the DRM on the Nintendo system having absolute control of it and they own content you create for it, not personal information getting hacked because it was stored on a server.Psycho Cat Industries said:http://www.escapistmagazine.com/videos/view/extra-credits/3306-NOT-a-Security-Episode
All discussion is ended.
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.Katana314 said:I'm often a proponent of used games being just as bad as piracy, and feeling that Project $10 is fine.
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 gamesThe 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."
Well, plus the Homebrewers.They get the shaft too. I give it a week before someone ends up buying a 'bricked' DS and end up sueing nintendo or something.Scrythe said:Then we could erect a brick monument to them.Aeshi said:Nice, now if we just count the number of people who sent bricks we'll know how many butthurt pirates this affects!
I think some people are jumping the gun here. How is this any different than what most smartphones do? The pirates are going to find a way around this feature anyways. The legacy of the PSP proved that. I have yet to read about a single unfair bricking yet, so who's really being affected here?
Cadillac does not own the rights to the car I bought. If I want to drop a 455 cubic inch motor that is turbocharged with 1800 horsepower into my 1994 DeVille body, Cadillac CAN NOT STOP ME. Nintendo IS doing that very thing. And trust me, these terms and conditions WILL NOT stop pirates, just good people like myself who like to modify things for the sheer joy of modification. (Or, to put it simply, because they can.)Echo136 said:Who would have thought Nintendo would have realized that the product you are purchasing from them just MIGHT be used for illegal purposes.
Oh, hey, an Ad Hominem attack! That makes your argument so much more persuasive!killamanhunter said:If you're not going to pirate or do anything to your device why would you care? Oh right you are going to pirate all of your DS games and circumvent the software and hardware now I know why you're complaining about the ToS now it all makes sense!
Don't make me quote that poem [http://en.wikipedia.org/wiki/First_they_came].Echo136 said:Really? Because in fact thats exactly how I feel. Ive owned a few current systems and none of those EULAs have ever prevented me from enjoying my games or made me feel like Im losing all my civil liberties.
In other words, what theyre doing in the US is illegal in Europe because we have clearer privacy laws? Well I never...Nintendo responded to the group in an interview with MCV UK. The Nintendo spokesperson pointed out that the European 3DS doesn't have the same terms and is "in compliance with European requirements."
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.Xanthious said:...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.
Ha, that was actually a good pun.HankMan said:This brings a whole new meaning to the term: constructive criticism.
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.Echo136 said: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.
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.CM156 said: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.Katana314 said:I'm often a proponent of used games being just as bad as piracy, and feeling that Project $10 is fine.
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 gamesThe 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."
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.