Hacking Discussion Nintendo banning from CDN

[smf]

I do know that in most european countries it is legal to make backups and play backups by law as long as you own the product and don't make a profit out of it.

The EUCD essentially overrides that, similarly to how the DMCA overrides the US fair use laws. It's legal to make a backup, but illegal to circumvent copy protection. So if the copyright holder doesn't use copy protection then your backup is legally fine. If the copy protection uses a dongle then your backup of the program will use the original dongle and that is fine.

In the case of digital downloads on the switch, making and using a backup requires circumvention which is illegal.

Also by law when you buy a product online ( digital game ) they have to give you acces to it or give you your money back so again it is against the law what they're doing since they are blocking you from downloading your legally obtained game.

I'd love to see the court case where you sued them and they showed the proof you committed an illegal act and that is why they banned you.

By law Nintendo can't even copyright strike you anymore on youtube in Europe because the copyright thing got abolished last month in europe when it comes to sharing pictures and video and music is videos you make yourself

No that law not going through won't affect youtubes copyright strikes. You have no right to post on youtube, they can delete videos and ban you if they want.

 

[V-Temp]

Only after the Nintendo ninjas come to my house, lock me in their Mario-inspired prison, and throw away the key.

On a serious note, it appears there some doubt this was legitimate as there was some server maintenance when OP checked for a system update.

My understanding, from looking at other threads, is that the public cert did get banned because others were able to use their own certs at the time. But hard to tell for sure.

 

[linuxares]

Only after the Nintendo ninjas come to my house, lock me in their Mario-inspired prison, and throw away the key.

On a serious note, it appears there some doubt this was legitimate as there was some server maintenance when OP checked for a system update.

time will tell, but it's looking like this is the case now. Bans will be hard, very very hard.

 

[Rune]

Seems to me the main reason why system updates might be banned is because fusee gelee can't be patched. How else is Nintendo going to stop you from pirating Smash Bros?

From our POV, I think what we'll need is the ability to do system updates from a mounted games .xci. Then when the latest game is out with its required firmware, all future updates will be done via the downloaded game rather than OTA.

 

[Pachee]

I don't see why 90% of the thread is arguing about suing Nintendo when:
- You broke their terms, and they seemed pretty reasonable.
- You stole from their service.
- Nobody here has the money to sue them.

I have been reading the reddit guide and there is no mention there about the raw files, are they still stored in plain publicly accessible http cdns or the parts now require ssl?

 

[ByteBite]

I have instlled one NSP with a “shared” cert using tinfoil and removed it along with a save file through settings. Never went online since I had it installed. Will this still flag me? Is there anything I can do to prevent a flag?

You can clear logs but:

1. We don't know if they are logging this somewhere else on the system or alarms are getting tripped regardless of how careful you are
2. We don't know if too "clean" logs are suspicious to Nintendo

You're still taking a risk going online, even if you've cleaned up after yourself. A hard NAND restore is the safest bet.

 

[smf]

From our POV, I think what we'll need is the ability to do system updates from a mounted games .xci. Then when the latest game is out with its required firmware, all future updates will be done via the downloaded game rather than OTA.

I expect that the latest os and an easy installer will get distributed. People will want the latest version as soon as it's out, rather than waiting for it to turn up on a game card.

 

[kumikochan]

The EUCD essentially overrides that, similarly to how the DMCA overrides the US fair use laws. It's legal to make a backup, but illegal to circumvent copy protection. So if the copyright holder doesn't use copy protection then your backup is legally fine. If the copy protection uses a dongle then your backup of the program will use the original dongle and that is fine.

In the case of digital downloads on the switch, making and using a backup requires circumvention which is illegal.



I'd love to see the court case where you sued them and they showed the proof you committed an illegal act and that is why they banned you.



No that law not going through won't affect youtubes copyright strikes. You have no right to post on youtube, they can delete videos and ban you if they want.

They can't ban you acces from a legit digital game you bought and if they do, they have to give you your money back

 

[Draxzelex]

My understanding, from looking at other threads, is that the public cert did get banned because others were able to use their own certs at the time. But hard to tell for sure.

After rereading the thread, it would appear only 2 users truly suffered a superban. I don't think yadspi actually tested his own Switch to see if it could update or not, based on his post. At best, its very unclear.

time will tell, but it's looking like this is the case now. Bans will be hard, very very hard.

But not as hard as GBATemp bans, right?

 

[smf]

They can't ban you acces from a legit digital game you bought and if they do, they have to give you your money back

It's not that clear cut.

https://uk.practicallaw.thomsonreut...=(sc.Default)&firstPage=true&comp=pluk&bhcp=1

I'd love to see how it plays out in court.

Can you point me at a court case where they were ordered to refund?

 

[linuxares]

After rereading the thread, it would appear only 2 users truly suffered a superban. I don't think yadspi actually tested his own Switch to see if it could update or not, based on his post. At best, its very unclear.
But not as hard as GBATemp bans, right?

lol, I don't know. I haven't been banned from Temp

 

[nachuz]

They used a frontfacing solution which is normal if you expect a largely secure environment, they didn't anticipate nor build for a case of nVidia fucking up the chip. So this response is their solution for the time being.

--------------------- MERGED ---------------------------



They can. Nintendo isn't banning the account, you still have your content where it was purchased legally. And your console is used in theft, so it loses priveledges.

Some physical games requires a download to works, like LA Noire, and being banned make it illegal in some countries

 

[kumikochan]

It's not that clear cut.

https://uk.practicallaw.thomsonreut...=(sc.Default)&firstPage=true&comp=pluk&bhcp=1

I'd love to see how it plays out in court.

Well that is UK law but yeah i still think they can't but that is an endless discussion with no end since we're no lawyers. Would like to see it 2

 

[smf]

Well that is UK law but yeah i still think they can't but that is an endless discussion with no end since we're no lawyers. Would like to see it 2

You're making some bold assertions what they can and can't do, so unless you can find a court case that backs that up then yes it's kinda pointless.

They can do whatever they are allowed to get away with, like we can.

 

[BORODA]

You can clear logs but:

1. We don't know if they are logging this somewhere else on the system or alarms are getting tripped regardless of how careful you are
2. We don't know if too "clean" logs are suspicious to Nintendo

You're still taking a risk going online, even if you've cleaned up after yourself. A hard NAND restore is the safest bet.

Good thing I have a backup. I will have to beat all the stuff I haven’t beat yet so I’m not losing my progress and then restore to be sure. Is hekate ctr a safe way to restore?

 

[FAST6191]

I don't see why 90% of the thread is arguing about suing Nintendo when:

Where is this 90%? A few people are having an academic discussion about law as it pertains to all this (as far as I am concerned it has been done to death already but [current tech] in [current year] and being new enough for Nintendo means we'll allow it) and a couple of people made offhand remarks. I have not yet seen people even appear to want to take legal action.
Or is this like when people claim things are toxic or whatever and can't point to how they arrived at such a conclusion?

There have been threads wherein people get all flustered (witness the glory that was the 3ds banwave thread https://gbatemp.net/threads/update-regarding-the-recent-3ds-banwave.471781/ ) and then laughed at because of their... creative understanding of the law but this ain't that.

 

[V-Temp]

After rereading the thread, it would appear only 2 users truly suffered a superban. I don't think yadspi actually tested his own Switch to see if it could update or not, based on his post. At best, its very unclear.
But not as hard as GBATemp bans, right?

Oh I meant the thread in Backups about 'N fixed CDNSP' which happened two hours before this thread where the cert stopped working but others were able us their own. Maintenance taking down the server shouldn't have coincidentally only affected a highly suspect cert. That's either the oddest coincidence or it's not coincidence.

 

[kumikochan]

You're making some bold assertions what they can and can't do, so unless you can find a court case that backs that up then yes it's kinda pointless.

They can do whatever they are allowed to get away with, like we can.

So are you and like i said, we're both no lawyers so lets leave it at that

 

[011.guilherme]

Where is this 90%? A few people are having an academic discussion about law as it pertains to all this (as far as I am concerned it has been done to death already but [current tech] in [current year] and being new enough for Nintendo means we'll allow it) and a couple of people made offhand remarks. I have not yet seen people even appear to want to take legal action.

Some people here get very emotional about some subjects, it seems. I honestly think this is a very interesting topic for discussion, and some posts offer very insughtful details on the issue at hand - even though I'm no lawyer, don't intend to sue Nintendo and I didn't even get banned at all.

 

[subcon959]

You're making some bold assertions what they can and can't do, so unless you can find a court case that backs that up then yes it's kinda pointless.

They can do whatever they are allowed to get away with, like we can.

As someone mentioned above, there are game carts that require day one downloads to function. Surely, Nintendo are on shaky ground if they block your ability to play those carts. It's more complicated than just losing the rights to online services due to tos violation in this case.