Hacking update on license agreement email

[dragonmaster]

dont know if it was mentioned before but here it goes ,i receive this email today
http://microsite.nintendo-europe.com/terms/3ds/3DS_Shop_EULA/index.html

 

[IronClouds]

I'm not reading all that. What're the changes and why should we care? (no hostility intended, I'm really just curious but lazy)

 

[Thirty3Three]

I'm not reading all that. What're the changes and why should we care? (no hostility intended, I'm really just curious but lazy)

You can stop reading my mind any day now...

 

[dragonmaster]

I'm not reading all that. What're the changes and why should we care? (no hostility intended, I'm really just curious but lazy)

Nintendo may from time to time upgrade (patch) any software distributed through the Nintendo 3DS Services for the benefit of the Nintendo 3DS Services users or to protect Nintendo's Intellectual Property.
IMPORTANT: Your Nintendo 3DS System and software are not designed for use with any existing or future unauthorised technical modification of the hardware or software or the use of any unauthorised device in connection with your Nintendo 3DS System. After the Nintendo 3DS System or any software is updated, any existing or future unauthorised technical modification of the hardware or software of your Nintendo 3DS System, or the use of any unauthorised device in connection with your Nintendo 3DS System, may render your Nintendo 3DS System permanently unplayable. Content deriving from the unauthorised technical modification of the hardware or software of your Nintendo 3DS System may be removed.
Nintendo may also automatically update your Nintendo 3DS System for the purpose of ensuring the security and proper functioning of your Nintendo 3DS System, in particular when files created by unauthorised modifications have been installed, which can affect game play and may damage your console.
Nintendo may also update or change the specifications, or modify the Nintendo 3DS Services, in part or in whole, for the benefit of the Nintendo 3DS Services users.

 

[IronClouds]

Thank you. So in other words, nothing new other than:

1. Nintendo has the right to update consoles without the user's consent, and
2. Nintendo can brick your console.

I don't know how to feel about this.

 

[wischmob]

hah... the usual brambling about stuff like this. They still are not allowed to "rc-brick" your 3DS, and as long as one watches out when to enable WiFi and when not, they can´t even force you to update. Sure, an update applied to a console with a certain mod can cause some kind of insta-brick, but then its not because of Nintendo wanting to brick your device but because your curent modification is not compatible with the newest update.

IIRC phrases like these are in any user agreement for consoles, because they have to do it. Otherwise they could be held responsible for any damage some hardware/software modifications sure can do to your 3DS.

I won´t care too much or interpete stuff into this tbh... to me it seems just like the normal generalized wording to have something up their sleeve if somebody is douchy enough to sue them because their NAND mod or their flashcard bricked their device.

 

[Thirty3Three]

They can't update your console if you keep wifi off and delete all wifi connections as well as putting parental locks up

 

[masterzero]

They can't update your console if you keep wifi off and delete all wifi connections as well as putting parental locks up

But what a coincidence this comes up when gateway now has online play so users will want to play it

 

[Thirty3Three]

But what a coincidence this comes up when gateway now has online play so users will want to play it

True Story haha! If I get a 4.5 I won't be playing online at all haha!

 

[wischmob]

Thats why you play online in emuNAND. Nintendo shall do whatever the hell they want to my emuNAND once my Gateway arrives. Simply said, i´d just smile, put SD with emuNAND on it into computer, CTRL-A, CTRL-DEL. Done. Backup of stuff onto it and i´m set.

That is of course if i ever go online with my Gateway. ´cause as of now it seems to be a bit complicated, seeing that Gateway (and all other flashcard teams) don´t have full control over the current firmware version. That in general is a sign for me to stay undercover - don´t update what doesnt need to. Never touch running system ´n stuff ^^
Additionally, games i go online with are usually games i enjoy, and games i enjoy are games of which i have (or will have) the retail cartridges anyway.

 

[Mariko]

Your Nintendo 3DS System and software are not designed for use with any existing or future unauthorised technical modification of the hardware or software or the use of any unauthorised device in connection with your Nintendo 3DS System.

I guess it's a good thing Gateway has been designed specifically to use with the 3DS, then. Oh, how I love the usual legal mumbo jumbo they keep feeding us. I'm not leasing my console, and I will boot anything I damn well please.

1. Nintendo has the right to update consoles without the user's consent, and
2. Nintendo can brick your console.

Don't fret. If they employ these gestapo tactics, they will only shoot themselves in the foot. People won't go online out of fear, and they won't be buying eShop titles. Anyway, I agree that Nintendo can do a couple of things, but on my list they are:

1. Jack
2. Shit

Any update they throw at us will hopefully be contained within emuNAND, and any feature-breaking updates they release will be fixed by Gateway. Also, they will most definitely NOT brick any consoles. This would most likely result in a billion lawsuits. They don't have the right to disable something that's yours. They're just trying to scare people.

I don't know how to feel about this.

I do. I feel sorry for Nintendo, as they're obviously at their wits end. If the could stop Gateway with an update, they would have done so already. All they can do now is hide behind the oh-so-scary legal bullshit. I'll admit that I do use Gateway, but I also buy tons of games. Thus far, I've used Gateway mainly to play imports; something that shouldn't even be possible in Nintendo's world, so in my case, they have more to lose than to gain if they try to mess with my system. We'll just have to wait and see. My guess is, we'll have patches for their patches, and the ability to block mandatory system updates in emuNAND.

 

[masterzero]

Thats why you play online in emuNAND. Nintendo shall do whatever the hell they want to my emuNAND once my Gateway arrives. Simply said, i´d just smile, put SD with emuNAND on it into computer, CTRL-A, CTRL-DEL. Done. Backup of stuff onto it and i´m set.

That is of course if i ever go online with my Gateway. ´cause as of now it seems to be a bit complicated, seeing that Gateway (and all other flashcard teams) don´t have full control over the current firmware version. That in general is a sign for me to stay undercover - don´t update what doesnt need to. Never touch running system ´n stuff ^^
Additionally, games i go online with are usually games i enjoy, and games i enjoy are games of which i have (or will have) the retail cartridges anyway.

We're talking of full console bricking like gateway did before , don't think emunand can do shit really

 

[wischmob]

Thumbs up on the import part indeed... damn region locks. I´m fine with region locks as long as the target game is released with either language version in all regions, and at the same time. Sadly some region specific titles dont even make it out of their starting region, or if they are successful enough in Nintendo´s wallet, they get a shitty sync and translation only instead of just leaving the game itself alone by just adding the new localization instead of replacing the original localization.

masterzero: As far as i understand its like "What happens in emuNAND, stays in emuNAND". What else can they do update-wise? It sure is possible to bring out an update which enables them to sneak in ninja updates small in size and soft in smell during one or two online gaming sessions, but even if it breaks the emuNAND apart because of whatever reason, it should leave the sysNAND alone. Intact. Unharmed.
I just recently added myself into the frey of 3DS hacking scene after i literally stepped onto my 3DS, forgetting about it for almost 1.5 years now. Thus i wasnt adsent when some gateway-empowered devices went a bit coco. But from the bits of info i gathered those bricks were totally caused on Gateway´s/suer´s side and not because of Nintendo intending to update (or brick) the console.
That said, i have absolutely no idea about software/hardware engineering and stuff related to it, but as long as something is unable to to damage my Windows partition when i´m on my Linux partition, anything braking my Linux should leave my Windows alone.

 

[dragonmaster]

import games where the reason i bought gateway
dragon quest monsters ,digimon are releases of rpg like pokemon that we wont see in europe/usa even though they are nice games , i dont know japanese but as i was a fan before i play them ,some times i am stuck ,but hell i can play things that nintendo did not approve :/ they say that we ought to buy what we want and respect company ,but petitions of localizations never resulted something so gateway for me is a solution

We're talking of full console bricking like gateway did before , don't think emunand can do shit really

i dont know about other countries but in europe if nintendo do that they are gonna be in trouble europe legal system does not allow them to update automatic and brick etc sue hell is gonna be

 

[Flame]

Thank you. So in other words, nothing new other than:

1. Nintendo has the right to update consoles without the user's consent, and
2. Nintendo can brick your console.

I don't know how to feel about this.

you dont know how to feel about this?


YOU SHOULD RAGE!

 

[gamesquest1]

pretty sure most of that has already been there before, and if they did try any "auto-update" stuff it would be on here fast than you can say boo, then nobody would have wifi on and gateway would just disable the feature in a update........personally i doubt anything will come of this....every time there is an update someone pulls out the "may render your device inoperable" line like its new.....its been there since launch......nintendo have used that one since the snes/nes its just to protect them legally if someone sticks a knife in the console and sues because nintendo didn't tell them not to

 

[spinal_cord]

Here we go again....

They're saying "3DS was never intended to be unofficially modified" and "If you mess with your 3DS, it might break something". Anyone who remembers how Mariokart DS effected the first round of FlashMe (and vice versa) knows only too well that Nintendo are not threatening anything at all, just reminding you that things break when you mess with them.

 

[IronClouds]

Yeah, I don't make it a point to read these things because I rarely care since it never affects me. Seems I should've done that this time too

 

[gamesquest1]

guys, all that stuff was already there
http://www.defectivebydesign.org/nintendo

 

[Arras]

According to the mail it was

updated to meet new statutory requirements in the area of e-commerce and consumer protection.

so I doubt it's anything big.