Gaming Nintendo will lock your Wii U if you don't agree to the new EULA

[Clydefrosch]

This should not happen - the system is not a service, it should work either way.

we already had this on thursday.... https://gbatemp.net/threads/nintendo-forces-you-to-agree-to-new-legal-terms.372784/
but I agree, this can't be lawful, you own the hardware, not accepting an EULA cannot DISABLE your hardware, they can exlcude you from online features and updates, that is fine, but it cannot make your WiiU a door stopper, Ninty gone crazy

but your hardware is fully working. it just needs software to run. and they disable that software

 

[justinkb]

This is probably illegal. If this ever comes across the desk of a sane judge, Nintendo will be in trouble.

 

[Silentsurvivor]

Luls at people saying "it's unlawful Nintendo can't block the hardware you bought it blablabla". Nintendo is locking down the software, not hardware, which is theirs and they can do anything they want with it. You're free to open up your console and do any mods that you wish to.

You have to be extremely naive to believe a company such as Nintendo would ever do anything "illegal"... That's what they pay lawyers for.

 

[assassinz]

All these damn frequent user updates/agreements in today's consoles makes me feel like I should stop supporting these game companies.

 

[stomp_442]

I don't know what the problem is, if you want to play Wii U games the accept the updates for the console, if you don't like the updates then sell the console. I don't see how this EULA is going to keep the console from being hacked. If and when the Wii U is cracked wide open, everybody will know to keep it off the internet.

 

[Foxi4]

People seem to conveniently forget that you've already agreed to an EULA once you booted the system - they can't lock out the software and they have to give forward notice about any EULA changes so that you have a chance to opt out. The hardware is locked out if it cannot perform its basic functions - I understand white knighting, but this is ridiculous. I take it that a car without wheels also works as long as the ignition does? Ridiculous.

 

[Bladexdsl]

Keep your Wii U offline in Wii U mode permanetly, problem solved :-). Many of us are already doing this. The console won't know of such an update until you connect it to the net

and miss out on mario kart and smash bros online....

 

[the_randomizer]

and miss out on mario kart and smash bros online....

Therein lies the paradoxical situation many face. We can't have both. Damned if you do, damned if you don't.

 

[Bladexdsl]

well i've already made up my mind stuff waiting for the very very slim chance of getting homebrew i will be playing smash bros online.

 

[WiiCube_2013]

and miss out on mario kart and smash bros online....

People will only play Mario Kart 8 again when DLC Pack #1 is released.

 

[Duo8]

Luls at people saying "it's unlawful Nintendo can't block the hardware you bought it blablabla". Nintendo is locking down the software, not hardware, which is theirs and they can do anything they want with it. You're free to open up your console and do any mods that you wish to.

You have to be extremely naive to believe a company such as Nintendo would ever do anything "illegal"... That's what they pay lawyers for.

I thought people pay lawyers to defend their unlawful actions?

Anyway, Nintendo started doing this with the Wii U lately. I think it all started when they update consoles without asking.

 

[WiiCube_2013]

I thought people pay lawyers to defend their unlawful actions?

Anyway, Nintendo started doing this with the Wii U lately. I think it all started when they update consoles without asking.

It began with the auto-standby feature so it automatically updates and allows the user to boot up the console quicker.

 

[Mario92]

Usually EULA is just there to cover companys ass when they do something that isn't exactly nice to customer. With consoles, you are using closed ecosystem so at least I expect these things from the start. Sucks certainly but especially with Nintendo with all the region locking and other stupid rules and locks it's pretty much expected they want to cover their asses if they decide to do something really stupid.

 

[exangel]

Do we have a EULA changelog? Assuming there is one of course.

I had a quick scan through of the wii u one on http://www.nintendo.com/consumer/info/en_na/docs.jsp and it appears to be the fairly standard "no warranty/fitness for purpose, no reverse engineering/hacking, we might use your usage data/reserve the right to comply with law enforcement..." stuff. There is also the class action waiver, which might have been new, but it is also pretty standard as far as these things go (MS. http://www.xbox.com/en-US/xbox-one/disclaimer Sony. http://www.scei.co.jp/ps4-eula/ps4_eula_enuk.html Valve. http://store.steampowered.com/subscriber_agreement/ EA. http://www.ea.com/1/product-eulas Ubisoft. http://www.ubi.com/US/Info/Info.aspx?tagname=TermsOfUse , Square Enix might be an exception but looking at what they have in various places it might not be explicitly worded as such).

Square Enix has representatives in many countries that are committed to the Electronic Frontiers Foundation and cross-platform compatibility. EULAs related to SQUARE and ENIX property and works adapted and remastered from SQUARE and ENIX property vary massively and vary per title/platform because of the insane number of people employed by ECHELON/XENOPHOBIA teams.

Edit: They vary in language for the most part, but this precisely what I mean to assert.

 

[codezer0]

This kind of behavior is enough to make me not want a WiiU. Fuck...

 

[GorTesK]

but your hardware is fully working. it just needs software to run. and they disable that software

when I bought the WiiU and agreed to the initial EULA, I signed a contract, that allows me to use their software as long as I don't violate their EULA
now, when they release new software coupled with a new EULA they have to ask me
If I accept, I can use their new software
If I decline, I cannot use their new software, but as long as I don't accept the new EULA, the old EULA is still valid, hence I can still use their old software
EULA changes have to be agreed upon by both parties
but by locking my hardware until I accept their new EULA, they are breaking the old EULA

I don't have a written copy of the old EULA at hand, I will just use this new EULA for my point, let us just assume that the previous EULA stated something similar, as they certainly wouldn't have changed things to our favor

This is an agreement between you and Nintendo of America Inc. (together with its affiliates "Nintendo" or "we" or "our") and provides important information about your Wii U. Please read this agreement carefully before using your Wii U. By using your Wii U, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, you may return your Wii U for a refund in accordance with the applicable return policy.

it does not say, I have to agree to future EULA changes, it says I have to agree to this one to start using it, this is what I signed, when I booted my WiiU first up

Software License.
You may use the software, content, and data that came with your Wii U or that is compatible with and authorized for use on your Wii U, including any updates or replacement to that software, content, or data that we or our authorized providers make available to you (collectively, the "Software") subject to the terms of this Section. The Software is licensed, not sold, to you solely for your personal, noncommercial use on your Wii U. 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 Wii U, unless otherwise permitted by law. The Wii U console and accessories, the Software, and any services available using the Wii U (collectively, the "Wii U System"), are constantly evolving, and we may update or change your Wii U System, in whole or in part, without notice to you. Such updates or changes may be required for you to play new Wii U games, enjoy new features, or continue to access Wii U services. After your Wii U System is updated or changed, any existing or future unauthorized modification of the hardware or software of your Wii U System, or the use of an unauthorized device in connection with your Wii U System, will render the system permanently unplayable. Content obtained through the unauthorized modification of the hardware or software of your Wii U System will be removed. You agree not to use your Wii U System in an unlawful manner or to access the systems, devices, accounts, or data of others (including Nintendo) without their (or our) consent.

okay, so they can update whenever they want, that's fine, still nothing about EULA changes, that I am forced to agree to
EULA is not software, it is a binding legal contract between me and the company, if they absolutely have to bundle a new EULA with an update, they have to inform me BEFORE the update to see whether or not I might agree to EULA changes

Termination.
Your rights under this agreement will immediately terminate if you do not comply with any term of this agreement. At the time of any termination of this agreement, you will immediately cease all use of the Software. Our failure to insist upon or enforce your strict compliance with this agreement will not constitute a waiver of any of our rights.

yup fine, I agreed to that in the first EULA, still no reason for me to agree to a new one

Enforcement.
If any part of this agreement is held to be invalid or unenforceable, that part will no longer apply to the parties and will be replaced by an enforceable provision that most closely reflects the original intent of the parties, but all other parts of the agreement will remain in effect unless otherwise provided in this agreement. If Section 6 is held to be invalid or unenforceable, then for any Claims the parties consent to the exclusive jurisdiction of the courts located in King County, Washington, U.S.A.

Huh, so the EULA didn't state, that I will have to agree to future EULA changes anywhere at all, but they still locked me out of my console
they said, they let me use their software as long I agreed to the old EULA, that I signed on my first boot up and didn't violate it
I am not violating the old EULA by any means, but they are refusing me to use their old software, I don't want to use their new software with their new EULA, so this means, since they dont uphold their part, I should "contact" a court located in King County, Washington, U.S.A?


here is the point
HAD they stated in their first EULA, that the EULA itself is subject to future changes and that I will have to accept new EULAs to use the software, that I have right now (the old software), then it would have been alright, they didn't so they can't force me to accept the new EULA for the old software
all they can do is to provide me with a new EULA, I then decide to accept or decline, if I accept, then the new one is binding, if I don't, then the old one still is binding, so I can use the software, that they provided to me until this point, I will be excluded from future software, because this one is bound to the new EULA

____________

this is all hypotethical, whenever I was talking about "me", I was referring to the Average Joe, I personally agreed to the new EULA and am on system software 5.2, because I don't really give a fuck about their EULA changes, I just wanted to say, why I think, that Ninty has really gone crazy this time

don't treat your customers like EA does, Ninty, please don't


edit:
and no, I am not a lawyer, or lawyer-in-training or in any way affiliated with a job dealing with law issues, I am actually a teacher
I just read the EULA and state, how I as Average Joe understand, what I signed

 

[migles]

why isn't there a revolution?

 

[codezer0]

why isn't there a revolution?

It was killed when that xenophobe Iwata booted Reggie out of administrative responsibility just because he was a stupid gaijin or some other racially charged foreigner slur the Japanese have.

 

[GorTesK]

why isn't there a revolution?

maybe because it isn't such a big deal in the end, people should either just agree if they want to use it or totally block access to the update servers in the first place anyway
I just think, that Ninty is doing something completely immoral here and possibly illegal
but at the end of the day I don't care, I want to play smash 4 and that's probably the case for most of the people here to don't give a fuck about EULA changes, too

 

[The Minecrafter]

First, weren't EULAs not legally binding, like most of the software licenses you click past?
And second, isn't Nintendo not allowed to remove the functions that the console had when you bought it? If I remember correctly, they could release an update that if you would accept it would prevent you from using their services(online) and any "new" games and features. But you should have had an option to deny, which will leave you with the features of the console from the previous update.