Homebrew 3DS Modding Youtube Channels Being Hit By Copyright Strikes

[duffmmann]

Considering how quickly outdated video tutorials get while users are often unaware of how outdated the video may be, this might actually be for the best anyway. I didn't need a video to get A9LH on mine, I followed the latest and greatest text tutorial of the time, and it worked like a charm, which has always been the way I recommend others to do so for their own system anyway.

 

[RivenMain]

Surprised people aren't rejoicing as everyday 100's of 3ds's are bricked due to stupidity and watching irrelevant videos of 3ds exploits. I mean yeah it sucks if your getting copyright strikes, but your not held responsible for all those 3ds's that get sent to Nintendo. Your a public recruiter for the hacking scene and you put a target on your back. They aren't deleting their channels out of the blue, but I think rather than thinking of minority thinking of their accounts we should think of the company itself and how it's been getting involved lately with 11.3 and now this. What it hopes to accomplish from these, and why it's doing it now, and where is their next strategy to stopping piracy. The cfw's / exploits are a gateway into piracy a long with theme injection, gameboy gameboy advance games sold on eshop being accessed for free because you have a cfw is enough reason for them.

 

[Sketchy1]

So in that regard everything does. From reviewing an everdrive or a chinese clone or even reviewing my gdemu or Phoebe on the saturn would be considered illegal. I'm sorry it doesn't work that way and what Nintendo is doing isn't legal in any way whatsoever. Maybe they have a point with tutorial vids but not every video is a tutorial video so they don't have legal grounds whatsoever to take down video's talking about things like tubehax wich isn't breaking the EULA.

actually, id like to point out, if they had the power to take them down, it DOES work that way, otherwise they couldnt have done it

and the point is, they give the user the option for piracy, which isnt exactly a power youd normally want to give.

 

[LichbannMejolaro]

Well, hes just getting a lot of attention and already opened his patreon. Is going to by a win-win situation for him.

 

[Stecker8]

Yep, it was Yakara. He in fact edits files and claims to be his own. Safea9lh by Yakara ..lol

Yakara edit files but he says in all his videos the creator of the files/utilities

 

[kumikochan]

actually, id like to point out, if they had the power to thake them down, it DOES work that way, otherwise they couldnt have done it

and the point is, they give the user the option for piracy, which isnt exactly a power youd normally want to give.

Nope it isn't. I don't think you know YouTube because video's get taken down in an unfairly way every single day. It's a big problem with YouTube these days.
Also read my comment again, i wasn't talking about cfw tutorial vids but the other vids they've taken down like tubehax vids.

 

[H1B1Esquire]

to be fair, these videos do in a sense promote piracy, because it allows the use of unsigned code. piracy in any form is prohibitted on YT anyway

well It's shitty Nintendo. They even have taken down vids of people not even talking about anything CFW related just tubehax tutorial vids and they all got taken down by Nintendo.

It's about time we get a tube for everything YT takes down or for stuff like, 'This video isn't available in your country.'
ThePirateTube.com, YourShadow.com, shadytube.com. KickassTubes.to, 4chantube.org and napstertube.fukit. Would love to see it happen.

 

[Sketchy1]

Yakara edit files but he says in all his videos the creator of the files/utilities

if your gonna say the name of the person who made it, dont slap your name on the cover.

 

[H1B1Esquire]

So in that regard everything does. From reviewing an everdrive or a chinese clone or even reviewing my gdemu or Phoebe on the saturn would be considered illegal. I'm sorry it doesn't work that way and what Nintendo is doing isn't legal in any way whatsoever. Maybe they have a point with tutorial vids but not every video is a tutorial video so they don't have legal grounds whatsoever to take down video's talking about things like tubehax wich isn't breaking the EULA.

And that could very well happen, which is why I hope this doesn't get too ridiculous.

 

[Sketchy1]

Nope it isn't. I don't think you know YouTube because video's get taken down in an unfairly way every single day. It's a big problem with YouTube these days.
Also read my comment again, i wasn't talking about cfw tutorial vids but the other vids they've taken down like tubehax vids.

ok, so what proof do you have of a video breaking absolutley no rules that has gotten taken down?

 

[Stecker8]

if your gonna say the name of the person who made it, dont slap your name on the cover.

Yeah but it prevent to someone copy your files

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Wow my signature is so outdated

 

[kumikochan]

ok, so what proof do you have of a video breaking absolutley no rules?

how is tubehax breaking the rules ? If you consider that breaking the rules and Nintendo has the right to take video's like that then please tell me wich legal ground they can take to do so ?

 

[Sketchy1]

Yeah but it prevent to someone copy your files

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Wow my signature is so outdated

but they werent his files...?

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how is tubehax breaking the rules ? If you consider that breaking the rules and Nintendo has the right to take video's like that then please tell me wich legal ground they can take to do so ?

a violation of their EULA, the legally binding contract you sign up for when you turn on your system.

which of course includes its own section about you agreeing not to modify your system in any way with third party content not approved by nintendo

 

[Stecker8]

but they werent his files...?

I refer the zip file

 

[kumikochan]

but they werent his files...?

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a violation of their EULA, the legally binding contract you sign up for when you turn on your system.

tell me where it says so because that isn't breaking the EULA whatsoever !!!
There's not a single line in the EULA that says so since that isn't tampering with the system itself. Nope sorry they don't have any legal ground whatsoever to take video's down like that !

 

[H1B1Esquire]

if your gonna say the name of the person who made it, dont slap your name on the cover.

I'm not trying to defend most of what Yakara C. does, but look at it like this: that super-cool shirt designed by ______ , most likely has a Fruit of the Loom tag. I also (don't specifically like the idea) think it's a good way to advertise yourself......in an illegal way, but graffiti artists do graffiti (a felony of vandalism) and some artists got paid handsomely by doing illegal art. Dondi.

 

[Sketchy1]

tell me where it says so because that isn't breaking the EULA whatsoever !!!
There's not a single line in the EULA that says so since that isn't tampering with the system itself. Nope sorry they don't have any legal ground whatsoever to take video's down like that !

http://www.nintendo.com/consumer/info/en_na/docs.jsp

section 1, software license:

"unauthorized modification of the hardware or software of your Nintendo 3DS System will be removed. You agree not to use your Nintendo 3DS System in an unlawful manner or to access the systems, devices, accounts, or data of others (including Nintendo) without their (or our) consent. "

and section 14, part a:
"This Agreement will automatically terminate if you do not comply with this Agreement. Upon any such termination, you must immediately cease all use of the Network Services"

 

[kumikochan]

http://www.nintendo.com/consumer/info/en_na/docs.jsp

section 1, software license:

"unauthorized modification of the hardware or software of your Nintendo 3DS System will be removed. You agree not to use your Nintendo 3DS System in an unlawful manner or to access the systems, devices, accounts, or data of others (including Nintendo) without their (or our) consent. "

How is Tubehax modifying ? I'm sorry to bust your nuts but tubehax isn't modifying hardware or software whatsoever so nope still no legal ground to take vids like that

 

[NekoMichi]

tell me where it says so because that isn't breaking the EULA whatsoever !!!
There's not a single line in the EULA that says so since that isn't tampering with the system itself. Nope sorry they don't have any legal ground whatsoever to take video's down like that !

The EULA does prohibit the use of modifications or any actions that allow unsigned code to be run, however this only gives Nintendo the right to disable modded consoles. This does not give them the right to take down videos on YouTube. Content on YouTube is not within Nintendo's legal jurisdiction, and them using the BAF to strong-arm YouTube into deleting videos certainly is overboard.

 

[H1B1Esquire]

http://www.nintendo.com/consumer/info/en_na/docs.jsp

section 1, software license:

"unauthorized modification of the hardware or software of your Nintendo 3DS System will be removed. You agree not to use your Nintendo 3DS System in an unlawful manner or to access the systems, devices, accounts, or data of others (including Nintendo) without their (or our) consent. "

and section 14, part a:
"This Agreement will automatically terminate if you do not comply with this Agreement. Upon any such termination, you must immediately cease all use of the Network Services"

'...But can it read?'

 

[Sketchy1]

How is Tubehax modifying ? I'm sorry to bust your nuts but tubehax isn't modifying hardware or software whatsoever so nope still no legal ground to take vids like that

"You may not publish, copy, modify, reverse engineer, lease, rent, decompile, or disassemble any portion of the Software, or bypass, modify, defeat, tamper with, or circumvent any of the functions or protections of your Nintendo 3DS"

tubehax works by redirecting your 3ds connections to a specific dns, which would be considered tampering. o and later in the agreement it states you cant reditrect connections.