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Lucifer666

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leeday100196 said:
Can't legally do that, they'd get sued too many times too quickly. Been discussed before, not happening. look around the forums before you post identical (or almost identical) information.

Of course they can legally do that. It's their console. I don't get why people would sue, if they are the ones who agreed to buy the console, aware that the TOS might not satisfy them in the future.
 

MaxNuker

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Darmanitan said:
leeday100196 said:
Can't legally do that, they'd get sued too many times too quickly. Been discussed before, not happening. look around the forums before you post identical (or almost identical) information.

Of course they can legally do that. It's their console. I don't get why people would sue, if they are the ones who agreed to buy the console, aware that the TOS might not satisfy them in the future.


They Can't.
You purchased the console, ITS YOURS! Not their anymore.
TOS doesn't give them the power to overcome laws
 

yuyuyup

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That website is cool and the reasoning behind the petition is sound (at least as far as I understand,) but I doubt Nintendo would ever actually follow through on their threat and start bricking systems. It would screw with too many people, might brick innocent systems on accident, etc. Look at what MS does when you pirate Win 7, it merely tells you that you must register, and allows you to carry on
 

Lucifer666

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MaxNuker said:
Darmanitan said:
leeday100196 said:
Can't legally do that, they'd get sued too many times too quickly. Been discussed before, not happening. look around the forums before you post identical (or almost identical) information.

Of course they can legally do that. It's their console. I don't get why people would sue, if they are the ones who agreed to buy the console, aware that the TOS might not satisfy them in the future.


They Can't.
You purchased the console, ITS YOURS! Not their anymore.
TOS doesn't give them the power to overcome laws

No... when you pay for the console, you have a license to use it the way you're supposed to, which is mentioned in the TOS.
 

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Darmanitan said:
No... when you pay for the console, you have a license to use it the way you're supposed to, which is mentioned in the TOS.
There was no copy of the ToS around when I bought my 3DS, therefore there was no way I could agree or disagree to it, which means that Nintendo can't do whatever they want with the 3DS I bought.
Or is there a shop which shows you the ToS of the device you're buying?
 

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Yoshi2 said:
Darmanitan said:
No... when you pay for the console, you have a license to use it the way you're supposed to, which is mentioned in the TOS.
There was no copy of the ToS around when I bought my 3DS, therefore there was no way I could agree or disagree to it, which means that Nintendo can't do whatever they want with the 3DS I bought.
Or is there a shop which shows you the ToS of the device you're buying?

When you initially turn on the 3DS you agree to the ToS just like on the Wii.

http://www.nintendo.com/consumer/systems/3..._na/parents.jsp

Under Documents and Policies->ELUA
 

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AS people already said: TOS can't and never will overcome LAWS.

They could ban you from online services as they own them.
But they can't brick YOUR console, it's yours... lol

and when they talk about 3rd party software, woud they not be talking about softmods?

SoftMod =/= Flash Carts
 

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doyama said:
When you initially turn on the 3DS you agree to the ToS just like on the Wii.


Yeah, except that (at least here where I live) it doesn't mean much, because they have shown me the ToS AFTER I bought the product.
I don't know how it is in other countries, but I believe for the ToS to take effect they have to show me the ToS before I buy the product.
 

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Yoshi2 said:
doyama said:
When you initially turn on the 3DS you agree to the ToS just like on the Wii.


Yeah, except that (at least here where I live) it doesn't mean much, because they have shown me the ToS AFTER I bought the product.
I don't know how it is in other countries, but I believe for the ToS to take effect they have to show me the ToS before I buy the product.

This seems a bit incongruous since basically no service actually does this. Even if you buy Windows OS software the seal simply says "if you break this you agree to the TOS". There isn't some giant pamphlet attached to the outside of the box. WoW does the same thing by showing you the ELUA/TOS pre-login. They basically just have to show you a version of the TOS before you use the service. Whether that's pre or post purchase is not relevant. If it's post purchase, you can return the product as you have not used it. But barring that you will have to cite specific examples, or German case law that would show that ELUA/TOS agreements specifically need to be outlined pre-purchase.
 

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yuyuyup said:
That website is cool and the reasoning behind the petition is sound (at least as far as I understand,) but I doubt Nintendo would ever actually follow through on their threat and start bricking systems. It would screw with too many people, might brick innocent systems on accident, etc. Look at what MS does when you pirate Win 7, it merely tells you that you must register, and allows you to carry on

Exactly.

Nintendo only said they MIGHT brick your device, not that they WILL. And this tactic seems to scare the shit out of many people - just look at the number of posts "please help can I use flashcard XYZ safely ??" etc.
 

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To me the bricking thing is simply a CYA move from Nintendo.

Note that the boot2 on the Wii has been confirmed to be pretty poorly implemented according to Team Twiizers. Such that their own implementation is actually superior and more robust to bricking. However the official updates are going to assume that you haven't been mucking around with the innards of the system. If you install Priiloader or Wakinono latest "hope it doesn't brick your Wii" CIOS, or whatever and then the official update bricks the system, is that really Nintendo's fault?

To me this is the kind of scenario that Nintendo is protecting themselves against, in terms of warranty claims and such. If you muck around with the system, fine. But don't expect 'official' updates to thank you for it, or to support you.
 

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They wrote it the same way,as they say it in ervery Wii system update,the update MIGHT brick your System if it's modified.
But that doesn't mean it's their fault that it's bricked,it's because you modified your System menu and their update MAY not be compatible to it because some files are renamed ,deleted or moved,and the new updated system menu doesn#t find them and is unable to boot.
 

Xuphor

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Ultralex said:
They wrote it the same way,as they say it in ervery Wii system update,the update MIGHT brick your System if it's modified.

Common untrue statement going around.
While is says "might" on the Wii, the 3DS clearly says "WILL". I'm starring at the TOS snippet on the back of a game box right now (LEGO Pirates, but it's on all I've seen), and it says "Use of an unauthorized device or unauthorized technical modification to your Nintendo 3DS system WILL render this game and/or your system unplayable".
 

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Xuphor said:
Ultralex said:
They wrote it the same way,as they say it in ervery Wii system update,the update MIGHT brick your System if it's modified.

Common untrue statement going around.
While is says "might" on the Wii, the 3DS clearly says "WILL". I'm starring at the TOS snippet on the back of a game box right now (LEGO Pirates, but it's on all I've seen), and it says "Use of an unauthorized device or unauthorized technical modification to your Nintendo 3DS system WILL render this game and/or your system unplayable".
It still doesn't say they will remotely brink it, it says the unauthorized stuff will.

Think about it this way, did the wii have remote brinks or dsi? I rest my case!

Not going to happen. Even if they could and would, why just the 3DS? Doesn't make sense.
 

Xuphor

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@KingVamp, I was just correcting a commonly misquoted statement. I'm not on either side of this debate.
 

RodrigoCamilo

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If nintendo says that "unauthorized devices" will make our console or games unplayable, so they should give us some kind of list, with the names of devices that can cause a damage to the system.Example flashcards can cause a brick( flashcard A, B, and C) batteries pack(Brand A, B, and C) and so on.
 

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