Hacking Is Nintendo forcing us to pirate games or what?

[daijobu]

http://www.nintendolife.com/news/20...services_for_prominent_hackers_switch_console

So Nintendo is banning people from accessing the eshop for hacking their switches, and based on accounts, not the hardware that's being hacked. I hacked my Switch so I can back up my saves locally, but I have no intention of pirating any games.
While I've yet been banned, because I have not touched the Eshop or any online features since using Hekate, I'm very worried that I will get the same message upon using them. And at that point, how are we supposed to get games for the future? I only get digital games and it would suck if I'm forced to rely on physical carts.

What do you think?

Edit: Sorry. I have no idea that he was utilizing CDN. The article only said he is "a prominent member of the Nintendo Switch homebrew community", that's it.

If someone is using the hacks to get free stuffs/cheating online/pirating games, sure, I think this completely warrants a ban, and honestly I don't think these people would even care if they went that far to begin with. However, I think a lot of people hack their Switch simply to use emulators, back up saves, and other completely innocent stuffs. While I'm aware that this is against the TOS, it doesn't mean that the contents of the TOS is fair or reasonable, especially considering how disgusting Nintnedo has been by preventing us from backing up our saves locally, which is unheard of for a modern digital device. This practice alone justifies us circumventing the absurd limitation unilaterally imposed by Nintendo. If they ban me because I give two shits about all the hundreds of hours of gameplay I put into their product, you bet I will contest that with the Consumer Protection Agency we have here. And I hope other people in the same situation will too. Nintendo shouldn't get away with arbitrary and outrageous practices just because a piece of paper called the TOS says they are allowed to do this.

 

[ken28]

dont use hcCDN and co and be safe as of now.

 

[Shadowfied]

No word of people being banned for executing homebrew, just utilizing the CDN, isn't it?

 

[Lacius]

It is likely that Nintendo is banning consoles from using the eShop because they were detected doing CDN downloading, and banning eShop usage should prevent people from being able to do that. It makes perfect sense.

 

[Deleted-442439]

The only confirmed bans are from using CDN, I doubt bans from homebrew / CFW when they happen will limit Eshop access itself. Regardless if you live in the EU Nintendo is legally required to offer the product you have purchased for a period of 2 years, so if the game is deleted / archived and banned you can contact support and request a download via the EU consumer rights act. Nintendo does not have a good track record of respecting such laws though sadly.

If you live outside the EU you are fucked afaik, but some countries have workarounds I know New Zealand has a consumer protection law similar to the EU one, so you should read up on what you national laws require.

 

[subcon959]

Yes, they don't want you spending more money, and giving a higher percentage directly to them, on digital downloads when carts can be bought cheaper or even secondhand. Very nice of them really.

 

[Lacius]

The only confirmed bans are from using CDN, I doubt bans from homebrew / CFW when they happen will limit Eshop access itself. Regardless if you live in the EU Nintendo is legally required to offer the product you have purchased for a period of 2 years, so if the game is deleted / archived and banned you can contact support and request a download via the EU consumer rights act. Nintendo does not have a good track record of respecting such laws though sadly.

If you violate Nintendo's TOS, they have the legal right to block you from any online services they want. If you are going to risk getting a ban, you should buy physical games.

That being said, there isn't a lot of precedent for banning eShop usage 100%. On the 3DS, they banned NNID usage, but the eShop could still technically be used if you cleared the NNID. Aside from this CDN issue on the Switch, I don't expect a lot of 100% eShop blocking.

 

[horokeusama]

http://www.nintendolife.com/news/20...services_for_prominent_hackers_switch_console

So Nintendo is banning people from accessing the eshop for hacking their switches, and based on accounts, not the hardware that's being hacked. I hacked my Switch so I can back up my saves locally, but I have no intention of pirating any games.
While I've yet been banned, because I have not touched the Eshop or any online features since using Hekate, I'm very worried that I will get the same message upon using them. And at that point, how are we supposed to get games for the future? I only get digital games and it would suck if I'm forced to rely on physical carts.

What do you think?

People are accessing Nintendo CDN servers using their Switch console unique ID and downloading software from a PC. Of course Nintendo would ban them.

I don't understant how this weird "they're forcing us to pirate" logic works.

 

[InsaneNutter]

People have had it easy with Nintendo consoles for years in regards to going online. Any sort of modification to an Xbox or Xbox 360 which allowed unsigned code to be run resulted in an instant ban from Xbox Live (i know they are now services that can emulate the challenge / responses now so you can get online, however that wasn't the case for years)

I'd imagine when Atmosphere is released you will be able to "dual boot" have an emunand for hacks and homebrew, then keep your system nand legit for use online (just guessing i dont know if that will be possible) Nintendo will never know the console is not totally legit then.

I do think Nintendo is going to crack down hard on modified Switches this time though, especially as online play will be a paid for service now.

 

[13_Switch_Hacker_37]

Nintendo does not have a good track record of respecting such laws though sadly.

Gonna be interesting when Ninty gets fined.

*grabs popcorn*

Spoiler: proof

 

[Deleted-442439]

If you violate Nintendo's TOS, they have the legal right to block you from any online services they want. If you are going to risk getting a ban, you should buy physical games.

That being said, there isn't a lot of precedent for banning eShop usage 100%. On the 3DS, they banned NNID usage, but the eShop could still technically be used if you cleared the NNID. Aside from this CDN issue on the Switch, I don't expect a lot of 100% eShop blocking.

No, the TOS has no legal status at all. If you buy a good in this case a game, you get a product that should be functional for 2 years, the law does not in this case distinguish between a license and game.

If the product is not functioning the company is required to issue a repair, in this case it would be a download to repair the missing files, the Switch advertises that you can redownload a game if archived / deleted, so this would also brake false advertising laws.

If the company refuses to repair they must issue a refund.

 

[8BitWonder]

You've answered your own question.
You can still buy physically, and they made it clear that if you hack your switch you would lose access to Nintendo's services.

By breaking Nintendo's TOS you can only blame yourself for the loss of eShop access, not Nintendo.

They're not forcing you to pirate, you would be choosing to.

 

[Lacius]

No, the TOS has no legal status at all. If you buy a good in this case a game, you get a product that should be functional for 2 years, the law does not in this case distinguish between a license and game.

If the product is not functioning the company is required to issue a repair, in this case it would be a download to repair the missing files, the Switch advertises that you can redownload a game if archived / deleted, so this would also brake false advertising laws.

If the company refuses to repair they must issue a refund.

The TOS supersedes anything Nintendo advertises. In fact, one could argue that it supersedes the law. You are not legally entitled to be able to have access to the Switch and be able to purchase the (online) games, and you have to agree to the TOS before you can do any of that. So, in short, the law only applies if you didn't break the TOS. If you didn't have to agree to the TOS until after the purchase of the game, then you would be 100% correct.

 

[subcon959]

I hope the rest of the world doesn't follow the US in this holy status for corporate TOS.

Edit: Btw, why are people from different continents arguing about this as if laws are universal?

 

[8BitWonder]

I hope the rest of the world doesn't follow the US in this holy status for corporate TOS.

You and me both.

 

[Deleted-442439]

I have reached out to Nintendo on chat with the concerns, and the dude on chat is being really chill about it, he will send me whatever policies they have on bans / digital games, hopefully it's not just a link to the TOS...

 

[Draxzelex]

Hate to be that guy but this is at least the third thread discussing the same article discussing the same involved parties being banned...

Anyways, while CDN downloading was probably one reason why they got banned, I think it's due to their prominence as hackers. One of Shiny's Switches actually never downloaded anything from Nintendo's servers. Just used some homebrew and Pegaswitch.

 

[subcon959]

I have reached out to Nintendo on chat with the concerns, and the dude on chat is being really chill about it, he will send me whatever policies they have on bans / digital games, hopefully it's not just a link to the TOS...

Let's hope he's not a sneaky fucker and instead just flagged your IP/account.

 

[SomeGamer]

flagged your IP/account.

For asking about their TOS?

 

[DarkOrb]

To be honest, if they ban me and I'm not able to access my buyed games, then I will "pirate" them. Easy as that!