# Nintendo 3DS users warned they risk 'signing life away'



## Zorua (May 20, 2011)

A campaign by gamers unhappy at the latest ‘draconian’ personal data storage measures has been launched. 

According to its terms and conditions, Nintendo legally owns all its users content – including messages, information and images. It also logs personal data such as names, ages and addresses that are valuable for marketing. 

Angry 3DS owners said on Thursday that they were sending cardboard bricks to Nintendo in protest at the policy.
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Source

Apple, Google and now Nintendo. Sheesh....


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## redact (May 20, 2011)

cardboard bricks?


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## prowler (May 20, 2011)

Am I the only one that doesn't care?


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## Rogue_Ninja (May 20, 2011)

Nintendo's watching you.


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## Uncle FEFL (May 20, 2011)

Can they do anything less retarded than sending Nintendo cardboard?


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## Master Mo (May 20, 2011)

prowler_ said:
			
		

> Am I the only one that doesn't care?


Yeah, I own an iPhone and a 3DS but I still don`t care! Though I can see people getting upset about these kind of things...


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## chris888222 (May 20, 2011)

Sounds like some AP stuff to me


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## Forstride (May 20, 2011)

That's about as useful as Anonymous sending Sony pizzas.

I could personally care less, but that goes for anything I own.  I own an iPod Touch as well, and I'm sure there's data being sent and stored, but as long as I'm not having hitmen sent to my house or other stupid shit like that, I don't care.


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## BlueStar (May 20, 2011)

TDWP FTW said:
			
		

> I could personally care less


How much less?


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## Sheimi (May 20, 2011)

lol, cardboard bricks. This doesn't bother me at all. I could really care less.


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## kitehimuro (May 20, 2011)

TDWP FTW said:
			
		

> That's about as useful as Anonymous sending Sony pizzas.



It did work out "fine" in the end for Sony nonetheless.


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## yuyuyup (May 20, 2011)

Can someone cite the specific quote in the TOS, was not in the source


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## RupeeClock (May 20, 2011)

If this were really a fact, then people would have been complaining about this much sooner rather than now.

I don't give the source much credit at all.


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## Miss Panda (May 20, 2011)

I'd like to know what the legalities of this are. 





			
				TDWP FTW said:
			
		

> I could personally care less
> So why do you care?
> 
> 
> QUOTE(Sheimi @ May 20 2011, 02:13 PM) This doesn't bother me at all. I could really care less.


You are contradicting yourself. You care and don't care at the same time.


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## heartgold (May 20, 2011)

Hasn't this been posted like five times already? lol


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## boktor666 (May 20, 2011)

this is... teh most epic fail of last month.. sending cardboard bricks, what the hell. I personally dont care what Ninty does with info such as locations.


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## Jamstruth (May 20, 2011)

So if I buy a 3DS Nintendo owns all the game saves on the device, all the pictures I took with the device, all the notes and messages I've sent to friends and, crucially, any games I have purchased in the 3DSware store and saved on my device? BULLSHIT!!!!


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## Windaga (May 20, 2011)

erm...ok? 

I couldn't care less. Nintendo's taking my picture? NOOOOOOO-

*Bumps Wifi Switch*

Nintendo: DAMN. We were *this* close to getting that picture of that dog with a poorly colored pink mustache added in. : (


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## iluvfupaburgers (May 20, 2011)

facebook already does this


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## SamAsh07 (May 20, 2011)

Meh whatever it's their hand-held, they have the right to put in any policies they want, we us buyers must take into account that when we are adopting a hand-held/console from a particular company, we must abide the rules and respect the policies, if we can't, don't buy it all. No one gets hurt.


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## Foxi4 (May 20, 2011)

SamAsh07 said:
			
		

> Meh whatever it's their hand-held, they have the right to put in any policies they want, we us buyers must take into account that when we are adopting a hand-held/console from a particular company, we must abide the rules and respect the policies, if we can't, don't buy it all. No one gets hurt.
> 
> That's not how it works. A console is not a service where you sign a two-party agreement to follow given rules. A console is a piece of hardware - once you buy it, you own it and you can do whatever the hell you please with it, risking only voiding the warranty. "Meh whatever it's their hand-held" is not a valid statement, once you buy it, it's YOUR handheld.
> 
> ...



This isn't "Facebook", the comparison has no grounds. Facebook is a service - you pick and choose which photos you want to make public and which you don't feel like uploading - Facebook doesn't eat your entire hard drive and posts your pictures in a database on its own. You have full control over what's public and what's not. Here, you just *don't*.


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## Twilight Loz (May 20, 2011)

if people are going to do a peaceful protest then they might as well make it effective.... sheesh... cardboard boxes ¬_¬ 

What has the world come to?


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## Shabutie78 (May 20, 2011)

3DS just gets better and better.


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## Snailface (May 20, 2011)

Conflict Materials: Part II


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## iluvfupaburgers (May 20, 2011)

Foxi4 said:
			
		

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well. exact same goes with this. you choose to take pics with your ds, so its up to you if you want nintendo owning those pics. and facebook clearly staes that any info, pictures, comments, whatever you put up there, is facebooks property.


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## Foxi4 (May 20, 2011)

iluvfupaburgers said:
			
		

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You read, but you didn't understand.

Once you take a photo with a Sony camera, does Sony own the photo?

No, of course not, because that's bloody dumb. A camera is a tool for taking photos, what else are you going to use to take one?

Don't act smarty-pants Nintendo-Defenders, this is plain data theft and it has to be said outloud.

There's a clear difference between using hardware and using a *service*. The 3DS camera is not a *service*, it's an element of the hardware you bought and own.


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## Deleted User (May 20, 2011)

Ouch, Ninty. Ouch. Next time, I shall read the EULA


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## SamAsh07 (May 20, 2011)

Ok I think I mashed up different rules 
	

	
	
		
		

		
			





 my bad.


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## Foxi4 (May 20, 2011)

QUOTE said:
			
		

> Ouch, Ninty. Ouch. Next time, I shall read the EULA



Who cares what the EULA says? When the EULA glorifies something that's downright illegal in given countries, the EULA has to be altered to fit the law, not the other way around.


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## KingVamp (May 20, 2011)

Where does it even say that? (EULA)

This?



Spoiler



*INFORMATION COLLECTED*

Personally Identifiable Information."Personally Identifiable Information" or "PII" is information that identifies you as an individual, such as your full name, address, telephone number, or email address. We only collect PII that you provide to us. If you choose not to provide us with certain PII, you will be able to continue using your Nintendo 3DS System, except that your use of features or applications that require the disclosure of certain PII may be limited or unavailable.

We may add to or update the PII you provide on your Nintendo 3DS System with data collected from other sources, including offline sources (e.g., consumer service transactions such as repairs, part orders or purchases). If we combine information collected offline with information collected through the Nintendo 3DS System, the combined PII will be treated in accordance with this Privacy Policy.

Non-Personally Identifiable Information. In addition to the PII you provide to us, we may collect Non-Personally Identifiable Information from you. "Non-Personally Identifiable Information" or "Non-PII" is information that does not identify you as an individual. This includes information such as your Mii profile information, age, gender, geographic area, game play data, online status, Nintendo 3DS System serial number and device ID, device certificate information, cookies, Friend Codes, wireless access point information, Internet Protocol ("IP") address, and Media Access Control ("MAC") address. We may link your PII with Non-PII or Aggregate Information that we collect from you. Some of the ways in which we collect Non-PII are described in more detail below.
*
HOW INFORMATION IS USED
*
We may collect PII, Non-PII, and Aggregate Information from you on your Nintendo 3DS System in order to: (i) fulfill your requests for products, services, and information, including to send you commercial and non-commercial messages and to process orders you have placed through your Nintendo 3DS System; (ii) contact you in connection with games, contests, sweepstakes, surveys, promotional materials, and product changes; (iii) facilitate your use of Nintendo 3DS System applications and features, such as StreetPass Communications and communications with other users; (iv) customize the content, features, and advertising available through the Nintendo 3DS System, such as your Nintendo 3DS Shop catalog and other catalogs; (v) set up repair orders and respond to other consumer service inquiries; (vi) provide you back-end services, such as system updates, system messages, and free games, applications, trials, and content; (vii) analyze the use of the Nintendo 3DS Service, games, and applications and information about our users for demographic studies, quality assurance and to understand and improve our service offerings; (viii) facilitate demographic studies and quality assurance; (ix) prevent potentially illegal or offensive activities or to enforce our rights or the rights of our users; and (x) for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.



Sucks ,but 
I didn't think they get info to say this guy is *blank* and is doing *blank*. 
I'm sure they won't break down you door on just data alone. 
	

	
	
		
		

		
		
	


	




I didn't see anything about pictures tho. 

I'm sure they won't try so hard with it, to screw the customers. 

I didn't want to have it, but a least I think they won't try to hurt me with my info. 

I'm pretty sure I agree to same stuff. The worst thing they can do is not let you use their services. It's your system.


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## Ziggy Zigzagoon (May 20, 2011)

Seriously, this is making me like the 3DS less.


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## iluvfupaburgers (May 20, 2011)

i read what you said, that is why i said dont take pictures with it if it bothers you that much. i friggin know facebook is a service but i mean. if you upload pictures there and you know it becomes facebook's property, then why does it bother you too much here. like, are you goin to use the 3ds camera to take nude pics of you gf to see them 3d boobs? seriously. also. i guess this implemented system doesnt work if you are not connected to any internet hot spots. so try avoiding it if you care too much


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## Foxi4 (May 20, 2011)

iluvfupaburgers said:
			
		

> i read what you said, that is why i said dont take pictures with it if it bothers you that much. i friggin know facebook is a service but i mean. if you upload pictures there and you know it becomes facebook's property, then why does it bother you too much here. like, are you goin to use the 3ds camera to take nude pics of you gf to see them 3d boobs? seriously. also. i guess this implemented system doesnt work if you are not connected to any internet hot spots. so try avoiding it if you care too much



Once you BUY the hardware you own every itsy bitsy part of it. You can do whatever you please with it. You can take pictures with the camera and you can connect to the Wi-Fi, and you don't have to agree to share anything with anyone ever.

How is that *hard* to understand?

If you buy a BMW, does that mean that Germans are allowed to do joyrides with your car? I mean, they made it, didn't they? It's sort of *theirs*.

If I want to "take nude pics of my girlfriend with the 3DS camera", I will. It's my personal choice and I don't want dirtly little japanese people to log it on their databases.

Nobody will probably ever *see* the photos, but regardless, I don't want to share them because I have the right to decline. It's MY hardware.


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## omgpwn666 (May 20, 2011)

prowler_ said:
			
		

> Am I the only one that doesn't care?
> 
> I don't care at all.
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Thank you.


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## Deleted User (May 20, 2011)

Foxi4 said:
			
		

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Well for the wifi it is Ninty's stuff-cloud networking, etc.
But I agree- I don't want my stuff on Ninty databases, but we all do the same with google, and chrome's EULA used to practically be the same


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## Nujui (May 20, 2011)

Nope don't care. As long as they don't come beating at my door about something I put on there and any other stupid crap, then I do not care.


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## iluvfupaburgers (May 20, 2011)

OMG, please stop this. you are not making sense. of course its your property. its your friggin choice to use the camera knowing that this can happen. knowing that this can happen dont take pics of your gf. 3ds was not intended to be a camera. its a videogame system, the camera is just something apart from it. so there really is no comparison to a camera that its mere purpose is to take pictures. since you know they can store your pics. then dont do stupid things with the 3ds camera if you dont want them to have them. if you care too much about this, then sell the 3ds. go buy a 3d camera if you want total independance on taking pics. 

so in germany you see many joyrides? no, why, because the user is limited to some uses even if its theirs. same applies to guns


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## Deleted User (May 20, 2011)

Duskye said:
			
		

> Nope don't care. As long as they don't come beating at my door about something I put on there and any other stupid crap, then I do not care.


IT's just the sheer fact that my info, my address, my stuff is on a server in Tokyo is kind of disturbing. Same with Google, but I overlook that.


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## Foxi4 (May 20, 2011)

iluvfupaburgers said:
			
		

> OMG, please stop this. you are not making sense. of course its your property. its your friggin choice to use the camera knowing that this can happen. knowing that this can happen dont take pics of your gf. 3ds was not intended to be a camera. its a videogame system, the camera is just something apart from it. so there really is no comparison to a camera that its mere purpose is to take pictures. since you know they can store your pics. then dont do stupid things with the 3ds camera if you dont want them to have them. if you care too much about this, then sell the 3ds. go buy a 3d camera if you want total independance on taking pics.
> 
> so in germany you see many joyrides? no, why, because the user is limited to some uses even if its theirs. same applies to guns



You're funny. That's pretty much it.

The 3DS could be a mixer or a paintbrush for all I care - the company that produces it still doesn't own the rights to your cocktails and paintings. If you don't understand that, it's kinda sad.


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## mysticwaterfall (May 20, 2011)

Ziggy Zigzagoon said:
			
		

> Seriously, this is making me like the 3DS less.



Then I hope you never use facebook, google, any free email service, any apple products, never enter a contest, never sign up for a store loyalty card, etc. Because they've all claimed to own your data and do what ever they want with it for a long time now. 

The harder thing of course, is how nintendo bothers to know what pictures you've even taken without uploading them all continuously. Which would be highly impractical, not to say probably overload Nintendo's servers if all 4 M 3DS's tried to connect at the same time, assuming there WiFi switches were even on. Then there would have to be somebody to actually go through all these photos, 99.9% of which would be mundane crap (for instance, I have a few pictures of my cat and one of my hand).

It's the same thing with the government (any one) monitoring communications for everybody. Can they do it? Yes. Do they bother the majority of the time? No, because they don't care that Jane is telling Sally she has a crush on John.


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## machomuu (May 20, 2011)

prowler_ said:
			
		

> Am I the only one that doesn't care?


Nope, I'm with you.


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## RodrigoCamilo (May 20, 2011)

nintendo is just being curious, they want to know what kind of pictures you take, but they aren't going to kill you if you take any malicious pictures or something like that. And about the location the maximum that is displayed on the console is your country and state not your street adress, and they need to know it to give more support to areas that nintendo usually forgot.

Just being true I really don't care at all about this.


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## Foxi4 (May 20, 2011)

mysticwaterfall said:
			
		

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There's a difference between data exchange and data ownership.

The services and companies/products you mentioned hold the exclusive right to share your data for various purposes. Nintendo claims ownership of your data. There is a sea between those two concepts.


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## iluvfupaburgers (May 20, 2011)

Foxi4 said:
			
		

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well. you make me laugh. its your decision to put your information in there. like in facebook. i know its a service, blah blah. but you put information there too, your name, adress, whatever. and it becomes FACEBOOK property, and nobody cares. if you dont want this service then dont use use it right? same applies with this. i dont really know what the fuzz is


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## ShadowSoldier (May 20, 2011)

If Nintendo owns the pictures, send them pictures of erections. Bing, problem solved. I'm a genius.


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## chrisrlink (May 20, 2011)

same as above with me i don't own a 3DS so ninty cant do shit to me


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## machomuu (May 20, 2011)

mercluke said:
			
		

> cardboard bricks?


Yup, it's a very effective plan.


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## Jamstruth (May 20, 2011)

iluvfupaburgers said:
			
		

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That's different. When you put information on Facebook you are placing it on their servers. You are placing it in their memory. You understand this. When you take a picture on your 3DS it is saved to your device that you bought. Why should Nintendo claim they have the right to access it?

Its like if I bought a PC and the company said "We now own any data you put onto it"


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## Foxi4 (May 20, 2011)

ShadowSoldier said:
			
		

> If Nintendo owns the pictures, send them pictures of erections. Bing, problem solved. I'm a genius.
> 
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Someone gets my point, I think I cried a little. Thank you so much...


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## Jamstruth (May 20, 2011)

Edit: Snip! Double post fail.


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## iluvfupaburgers (May 20, 2011)

you are kinda right there. but i mean. nobody is forcing you to put things in there. its your choice to buy the 3ds. its your choice to agree to the terms and agreements nintendo puts. its your choice to use the system. its your choice to put real info in there. i mean. yeah. nobody is actually making you don anything. if you put personal info knowing about this, its your own fault


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## machomuu (May 20, 2011)

Jamstruth said:
			
		

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Pretty much.  It's too bad it's not the other way around, though.  People take some _really_ crappy pictures Facebook and then other people make one-liners on those photos and think they're funny.  But I digress.


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## Foxi4 (May 20, 2011)

FINALLY A CAMERA YOU CAN USE...




...AND NEVER GET CAUGHT!

Go on, Nintendo. OWN my photos. *I DARE YOU.*


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## chrisrlink (May 20, 2011)

Foxi4 said:
			
		

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## Nujui (May 20, 2011)

tigris said:
			
		

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Yeah, buts thats with anything these days.

Hence why I don't care.


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## machomuu (May 20, 2011)

chrisrlink said:
			
		

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...Why did you quote that?


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## mysticwaterfall (May 20, 2011)

Foxi4 said:
			
		

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The end result is the same; even if you still own it, Google (or any other place I named, there all preatty much the same) has a free license to your stuff forever.


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## Foxi4 (May 20, 2011)

Google TOS said:
			
		

> The end result is the same; even if you still own it, Google (or any other place I named, there all preatty much the same) has a free license to your stuff forever.



N-no. It's not the same. If I have a document on Google Docs that I wish to publish, Google has exclusive rights to share it, but I have the copyright for said document.


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## machomuu (May 20, 2011)

Foxi4 said:
			
		

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I think he means at the very base they are the same and may lead to the same result.


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## Jamstruth (May 20, 2011)

iluvfupaburgers said:
			
		

> you are kinda right there. but i mean. nobody is forcing you to put things in there. its your choice to buy the 3ds. its your choice to agree to the terms and agreements nintendo puts. its your choice to use the system. its your choice to put real info in there. i mean. yeah. nobody is actually making you don anything. if you put personal info knowing about this, its your own fault


There's a problem in this. Take for instance iPhone jailbreaking. It is deemed legal by US law BUT in the EULA for iPods is says we aren't allowed to jailbreak. We have to agree to these terms to use the device at all.

THis is the problem: In order to use the device's online capabilities we must agree to the ToS. If we don't because we don't think Nintendo have the right to claim ownership of the data in our device then we can't use the full capabilities of the device. Yes nobody's MAKING us do anything but this is a big thing to hide in ToS people want to get past to use the online services and is just downright nasty.


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## ManFranceGermany (May 20, 2011)

boktor666 said:
			
		

> this is... teh most epic fail of last month.. sending cardboard bricks, what the hell. I personally dont care what Ninty does with info such as locations.



oh, you're a great customer. Companies love People like you!


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## Foxi4 (May 20, 2011)

Jamstruth said:
			
		

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That's because online capabilities are a service that Apple may or may not allow you to use depending on the ToS.

You're entitled to jailbreak, but you void the warranty due to breaking the EULA and you may no longer use online services provided by Apple. That doesn't mean that your iPhone is any worse than any other iPhone, it's still the same device.

EULA's become overglorified lately, wheras in fact they're worth as much as toilet paper.


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## joost53 (May 20, 2011)

this reminds me of that south park episode "HUMANSCENTiPAD"  
	

	
	
		
		

		
			




if you don't know what i mean you should go watch it


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## mysticwaterfall (May 20, 2011)

Foxi4 said:
			
		

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Just like Google, Nintendo doesn't claim "ownership" either, they claim a license to your user data. You still technically own it, not that it matters.


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## Jamstruth (May 20, 2011)

mysticwaterfall said:
			
		

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BUt when you upload a file to Google Docs your are uploading 1 file. Nintendo is claiming dibs on an entire device's memory. THat's the big difference. Also they can just go in and pick up what they like, when they like when you're online. Unlike GoogleDocs who can only access the files you've specifically uploaded to their server.


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## rrrdgames (May 20, 2011)

as long as your not a peado you will be fine


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## mysticwaterfall (May 20, 2011)

Jamstruth said:
			
		

> BUt when you upload a file to Google Docs your are uploading 1 file. Nintendo is claiming dibs on an entire device's memory. THat's the big difference. Also they can just go in and pick up what they like, when they like when you're online. Unlike GoogleDocs who can only access the files you've specifically uploaded to their server.



And as I said before, to know what these photos were in the first place Nintendo would have to be actively uploading from all 3DSes worldwide and have somebody go through them all. Not going to happen...


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## DryYoshi (May 20, 2011)

As long as you don't take naked pictures of children, you're save.


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## Foxi4 (May 20, 2011)

DryYoshi said:
			
		

> As long as you don't take naked pictures of children, you're save.



Seeing that Nintendo claims to have the exclusive rights to distribute the content, I can't see why this isn't an option.


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## mysticwaterfall (May 20, 2011)

Foxi4 said:
			
		

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"...you also grant to Nintendo a worldwide, royalty-free, irrevocable, perpetual,* non-exclusive* and fully sublicensable license..."


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## Foxi4 (May 20, 2011)

You didn't dig the pedo joke, I get it. 
	

	
	
		
		

		
		
	


	




 I was just trying to make a happy-happy laughy-laugh situation.


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## Magmorph (May 20, 2011)

Isn't this very similar to the EULA of the PlayStation?


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## m3rox (May 20, 2011)

prowler_ said:
			
		

> Am I the only one that doesn't care?



Nope.

I, for one, don't care.  It's Nintendo, what are they going to do with your personal info?  Not a damn thing except use it for marketing purposes.


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## Rydian (May 21, 2011)

Can anybody grab an actual quote of where this is stated?


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## ferofax (May 22, 2011)

so this means like, if in some distant future my user name "ferofax" suddenly becomes a trendy, popculture, every-day word for something so awesome that the mere mention of it sends girls into frenzy, that Nintendo OWNS my username?

so they can divest you of that potential, if it happens?

...meh.


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## leeday100196 (May 22, 2011)

prowler_ said:
			
		

> Am I the only one that doesn't care?


Nope. I'm with you. If they want to do something about it, they will. But knowing Ninty, they won't. They're too busy worrying about getting legit (top-quality) software out on time to brick flashcart-users' systems with an update.


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## Rayder (May 22, 2011)

I see this as a karma thing.  We DL'd the hell out of DS software without giving a damn about Ninty's thoughts on the matter, so now Ninty will take any and all the stuff you make available to them through the 3DS without giving a damn about what YOU think.

Maybe now some people might understand (at least one of the reasons) why I don't want anything to do with these "internet-happy" game systems.


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## muckers (May 22, 2011)

Hundreds of users out of the millions that own a 3DS? Oh well.


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## nutella (May 22, 2011)

Meh, privacy is overrated.


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