Homebrew Freeshop gets DMCA'd on Github...

[Ryccardo]

Was the logo in the source? or just the release(s) due to the buildtools...

All the logos are built into Makerom

 

[Jayro]

fear not minions, I still have the latest freeShop cia available in my sig, hosted on MEGA. Just in case anybody needs it after finishing the A9LH guide.

 

[Deleted-355425]

What is the addy for the title key site?

 

[bkifft]

What is the addy for the title key site?

It's a page hosting "3DS titlekeys", more mustn't be said here.

 

[Jayro]

And there's a QR code for it floating around somewhere too.

 

[Deleted-355425]

Anyone working on duplicating the site ;p

 

[TankedThomas]

i dont think freeshop the application circumvents any protections, the downloads can be done using google chrome, where is googles DCMA notice nintendo?? just because your security is flawed and people found the flaws does not mean that every application is breaking the law.

techincally nintendo broke the law by providing its users with such poor security to begin with.

I was going to say something along these lines, but now I don't have to.

I find this whole thing amusing because Nintendo must be getting desperate if they decided to throw a DMCA takedown at the freeShop after all this time. Plus, the fact that they think this will have any impact on piracy at this point is laughable at the very least. Maybe if Nintendo didn't design such an asinine, halfwitted "security" system to begin with, this stuff wouldn't have happened. Heck, they were the idiots who provided an exploit for A9LH when they put out an update. And that's just one example of their sheer incompetence.

What is the addy for the title key site?

Google. You'll find it immediately. It's so easy to find that you'll kick yourself. Or, at least, you SHOULD kick yourself. For asking, that is.

 

[Platinum Lucario]

It's really sad to hear that freeShop has also been issued with a DMCA notice. There is one thing I'd like to say, and I'm gonna quote the post that I have said on many websites regarding Pokémon Prism's takedown about a week ago:

I was looking so forward to playing Pokémon Prism on my emulator. I had a feeling this was going to happen. But I'm gonna say exactly what I have said on other sites:

The sad moment of when Nintendo destroys hopes and dreams, as well as a fan’s imagination. It’s not an easy task for anyone to publish a game in order to get a Nintendo NDA developer’s licence. It’s extremely hard, people have to be extremely wealthy enough to create a business that can publish a game. When Nintendo or any gaming giant takes away a person’s imagination, that’s exactly how creativity is lost and destroyed.

That’s why I’m gonna say this: Don’t ever give up on your ROM Hacks or any fan projects. No matter even if Nintendo issues a cease and desist notice or any DMCA notice, don’t ever give up ensuring that your fan project has a future. We have to fight on, make sure that it will spread throughout the internet, no matter how many authorities come running after us. We have to fight on, no matter what. We know all too well that gaming giants will try to use everything in their power to ensure they dictate over their IP. They won’t accept ideas from people that are not on their team. All we can do, is defend ourselves!

Also, I completely understand copyright law and know how it all works. But the way I see it is that it’s designed so that only the wealthiest of companies can survive. It’s pretty much survival-of-the-fittest when it comes to companies abiding to copyright law. Is this really the kind of world we want to see?

It doesn't even matter what a person does, any lawyers of a gaming giant (such as Nintendo) will always try to find every opportunity they can to try and eliminate any competition, such as ROM hacks or any fan-made creativity (unless their directors are okay about any fan-made stuff, but even when they do, they will only limit it to things like drawings or some kind of artwork).

No ROM/ISO/hardware hack was ever safe from any gaming giant. Not even a Windows executable fan-game was ever safe. Nintendo is not the only business that will try to take down fan projects. Sony and Microsoft also do the exact same thing. They have also been widely criticised for their stance on patching exploits in their hardware to prevent any Custom Firmware or Homebrew stuff (which again, is another form of reverse engineering). Sony Interactive Entertainment (SIE) goes to great measures to even ban users from their PlayStation Network. Microsoft also bans users from Xbox Live if they find any evidence to believe that the person has either reverse engineered their hardware or a game. Even gaming giants that don't develop consoles also have issued Cease & Desist notices on various websites, including Google. There was one case on the Dolphin Emulator website in where they heard that Google had delisted one of their pages, just because Capcom's file detection bots detected a small 128KB .zip file containing a name "Monster Hunter Tri", which was a name of a trademarked game, in which had no copywritten material at all.

So... the end result? There really is nothing we can do about trying to fit into abiding copyright laws. Businesses will always try to find loopholes in the legal system in which they can use against individuals as well as other businesses, they will always try to find a way to eliminate any kind of competition and choice. It doesn't even matter how loyal a person may be, and it doesn't matter how much a forum or website encourages people to dump their ROMs or ISOs, they will still find a way to eliminate the competition. In this case, we know all too well that Nintendo goes after three things: fan-games, game dumps and emulators (and they don't care what emulator it is, either). Heck, in countries where emulation is prohibited, Nintendo's lawyers (or any lawyer of a gaming giant that hates emulation) will go after those people who make it in that country or even order the courts to block overseas websites that host such material (in countries with internet-blocking Internet Censorship, such as France or even the UK). With some businesses, they can get greedy and think they can abuse their power by using their country's copyright law or any related laws against those people, just so it can lessen the competition. And their only purpose, is to generate more money, so that the shareholders and the owners can use it to either gamble it away or buy very expensive stuff.

But like I have said, don't ever give up on your ROM hacks, try to ensure that your ROM hack survives, no matter how much legal issues it gets. If you're worried, perhaps you could send it to someone you can trust, so that person can then release it elsewhere? All of us ROM hackers and researchers will do what we can to defend ourselves against any legal issues. And if I was developing a ROM hack and ever get into any legal issues, I'll certainly do my best to defend myself and ensure that my ROM hack has a future, I would never let anyone down.

I care for every ROM hacker and researcher out there, and I will always do my best to support every ROM hacker and researcher out there. Let's ensure that ROM hacking and any reverse engineering will always have a future!

And with that said, I'm very worried of 3DSThem.es future, it's also a site that could be in risk of a DMCA Takedown or even a C&D notice. In fact, I'm worried about every website that has anything to do with ROM hacking, homebrew or any reverse engineering. And who knows? Emulator websites could be next, because we know from Nintendo of America's website, it has been against any kind of emulation too. I'm even worried about Dolphin Emulator, the Citra project, SM64: Last Impact and every ROM hack too. I'm even worried about Pokémon Liquid Crystal. Nothing is safe anymore, fan sites are in danger, and anything with content that infringes upon Nintendo's copyright is in danger.

Dark days are ahead of us, we have to do whatever we can to defend ourselves against the big gaming giants. We're not going to let them stop us that easily, we have to keep going. And not ever give up.

 

[Noroxus]

Well, freeShop also used the copyrighted eShop Logo and Icon, even if it's in modified form, it's still an attack vector for DMCA.

Its 2016 and Ninty copyrighted shopping bags. k

 

[Seriel]

Its 2016 and Ninty copyrighted shopping bags. k

What about the animation that plays between games.
That actually says Nintendo on it, it's their copyright and shit

 

[Noroxus]

What about the animation that plays between games.
That actually says Nintendo on it, it's their copyright and shit

Thats the thing they mentioned in the notice.
The logo area is the animation with the red waves etc. but another user here said they could also say the Eshop banner with animation and all (shopping bags) is licensed aswell which is bullshit imo.
oh well

 

[gamesquest1]

Thats the thing they mentioned in the notice.
The logo area is the animation with the red waves etc. but another user here said they could also say the Eshop banner with animation and all (shopping bags) is licensed aswell which is bullshit imo.
oh well

they made those shopping bags, so the same as pulling any old model out of a game and slapping your name on it is enough to warrant a copyright warning so is retexturing the official banner, they probably have copyright on the eshop logo that is used during the intro of the app.......while in most cases the use of these logo's would usually be ignored in most cases, in this case they offer low hanging fruit to issue takedown requests over as they are easily proven to be their intellectual property

so it's not that they own shopping bags as a whole, but those specific shopping are theirs

 

[Purple_Heart]

f.... u ninty

 

[Seriel]

f.... u ninty

Yeah Nintendo, how dare you stop us pirating on your systems. That's like, a right. (heavy /s)

 

[Noroxus]

they made those shopping bags, so the same as pulling any old model out of a game and slapping your name on it is enough to warrant a copyright warning so is retexturing the official banner, they probably have copyright on the eshop logo that is used during the intro of the app.......while in most cases the use of these logo's would usually be ignored in most cases, in this case they offer low hanging fruit to issue takedown requests over as they are easily proven to be their intellectual property

so it's not that they own shopping bags as a whole, but those specific shopping are theirs

The model data u can pull from the eShop CIA doesnt mention Nintendo at all if I recall correctly. So if the logo itself isnt somewhere in the US Copyright register they can say all they want its not copyrighted.
I'd have to check the banner data again tbh

 

[nIxx]

It's really sad to hear that freeShop has also been issued with a DMCA notice. There is one thing I'd like to say, and I'm gonna quote the post that I have said on many websites regarding Pokémon Prism's takedown about a week ago:

Well you do as if Pokemon is something that you are allowed to use for your own stuff for free and as if people that make these Roms or Games are not aware that this can happen.
You know what would be a reasonable thing to do ask them before you start if you can make some Fan Game like that even thought they will say No ^^ but so you don't waste time on something that may never be released (we all know that's still unlikely since someone will "leak" it then) OR just do it and live with the consequences .

And about freeshop i'm no law expert (as many other seems to be ^^) but others already said it freeshop is used for one reason and that's pirate their games do you really wonder they "try" to stop that !?
Everybody knows that it isn't okay to pirate games no matter how much anybody tries to defend it.

 

[gamesquest1]

The model data u can pull from the eShop CIA doesnt mention Nintendo at all if I recall correctly. So if the logo itself isnt somewhere in the US Copyright register they can say all they want its not copyrighted.
I'd have to check the banner data again tbh

well I'm not a lawyer by any means, but it seems logical that just taking someone else's work and retexturing it wouldn't be legal, it's not like devs could be expected to file hundreds of patients for every single asset they create, them making it should be enough to protects it's direct usage.....sure it may not protect it from copying/cloning the design, but their original work belongs to them regardless

 

[LuxerWap]

Actually, with all of the argument going on with fangames and piracy, I'm actually glad that Nintendo is finally taking action. Ever since the take down of that ROM site that use to have Nintendo games, Nintendo isn't playing around. Especially banning players online on Pokémon before release.

I'll bet $100, the Switch will be the most protected system of any other systems.

 

[Ryccardo]

freeshop is used for one reason

"Used" is different from "intended and made for"

As the dmca itself shows, they didn't complain directly on the source (that's free speech - remember the PGP book?), only on the releases for the allegedly copyrighted bootlogo (which is not in the source but comes from makerom. now I would be more afraid of that)

 

[Noroxus]

Actually, with all of the argument going on with fangames and piracy, I'm actually glad that Nintendo is finally taking action. Ever since the take down of that ROM site that use to have Nintendo games, Nintendo isn't playing around. Especially banning players online on Pokémon before release.

I'll bet $100, the Switch will be the most protected system of any other systems.

You wish lmao.