Hacking EU Users: Super Ban - GDPR Template

[biggyd]

That's not an opinion, that's a fact. I think you don't understand GDPR

So the Serial & Console MAC. That string is 'data'. When you buy a switch, do you buy this? or Is that 'data' owned by Nintendo?

Asking because of with GDPR, your personal data is indeed what counts, but not limited to:

• Names
• Location data
• Online identifiers

 

[c80]

So the Serial & Console MAC. That string is 'data'. When you buy a switch, do you buy this? or Is that 'data' owned by Nintendo?

Neither the Serial nor the MAC is PERSONAL data. This data is used to identifiy the console, not you.

 

[Kukielka]

So the Serial & Console MAC. That string is 'data'. When you buy a switch, do you buy this? or Is that 'data' owned by Nintendo?

This is NOT personal information.

Examples of Personal Information:

• IP
• Name
• Address
• Phone Number
• Religion
• stuff like that

Do you get what we are saying?

 

[biggyd]

Neither the Serial nor the MAC is PERSONAL data. This data is used to identifiy the console, not you.

And with that, it also has the IP and likely the eshop login & data attached. Right? (in the case someone is logged in)

 

[c80]

And with that, it also has the IP and likely the eshop login & data attached. Right? (in the case someone is logged in)

No, that would be illegal

 

[biggyd]

This is NOT personal information.

Examples of Personal Information:

• IP
• Name
• Address
• Phone Number
• Religion
• stuff like that

Do you get what we are saying?

https://gdpr-info.eu/recitals/no-30/

No, that would be illegal

So, with GDPR, you are allowed to 'request' your info. Then you are able to see if they indeed save the MAC & Serial in your 'profile'.

 

[Kukielka]

And with that, it also has the IP and likely the eshop login & data attached. Right? (in the case someone is logged in)

Congrats, the delete the IP, you are no longer IP banned (Which usually changes daily anyways)

Now you're still Cert banned. Good job on that.

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https://gdpr-info.eu/recitals/no-30/

EXACTLY. You are even pointing the right things out!
GDPR = Restricts data that can Identify you as a person.
Your Console is NOT a person.

 

[Athlon-pv]

it's not your data, you only have a temporary license to use it. you paid for the license to play a game, not the game's data.
you lost that license's right by going against their TOS.

Also, you are not fully blocked to update your own hardware, you can update it with a game cartridge. they only restricted network access to their servers because again you didn't follow their code of conduct.

GRPD is about telling you what they do with your personal information.

Terms of Service on its own is not a legally binding contract in any way shape or form. If any of the Term of Service is not upholding local laws or other (state,national, federal) laws all of it is null and void.
Companies can derive their actions complied with TOS but as soon as it is in the courts and the TOS is not in compliance with the law the case will be lost.

 

[wurstpistole]

the only issue could be with games you buy on cart but can't play AT ALL if you don't complete the data (L.A Noir, Banner saga 3), but it should be clearly mentionned on the cartridge's box that you NEED network access to get full game.

But those updates can still be acquired with a borrowed cert and CDNSP on PC. Basically everything can, including game updates and DLC, unless they shut that down like they recently did with freeshop.

 

[Revard]

In their database nintendo should have a list with all banned serials/accounts and this list should be linked (maybe over several tables) to your personal data.
GDPR protects only personal data, which means that nintendo only deletes "personal" info, but they don't touch a single entry in the banned serials/accounts list.

 

[Deleted member 191657]

While Serial ID and MAC Address are not strictly personal data, they are means that can directly link a person to a specific console and thus its activity.

Surely they won't unban people just like sending a mail like that, but it's worth trying, especially if we get enough people to mail it to them. It doesn't cost us anything, so why not?

 

[biggyd]

Congrats, the delete the IP, you are no longer IP banned (Which usually changes daily anyways)

Now you're still Cert banned. Good job on that.

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EXACTLY. You are even pointing the right things out!
GDPR = Restricts data that can Identify you as a person.
Your Console is NOT a person.

Well, again, I disagree. But feel free to tell everyone to sit down, do nothing. I would suggest It is 'worth' a shot. If people want to 'waste' (according to your words) their time on requesting their information, seeing what they have and trying something to get off that list.

Because my opinion is that you own that Hardware and games you bought, and you should be able to update it. If we all are going to sit like lazy ducks and say 'well then you should not have ...' then we should not even be on these forums and drooling in a bucket. Figure of speech.

if you have a better idea, instead of doing nothing, I am all ears.

 

[c80]

While Serial ID and MAC Address are not strictly personal data, they are means that can directly link a person to a specific console

Please explain how the Serial and MAC can identify a person. How can Nintendo tell if it is me or my brother playing with my switch?

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I would suggest It is 'worth' a shot.

This is only because you don't understand the GDPR. Anyone who des knows that this won't work.

 

[Dan-the-Rebirth]

Did anyone request his data yet? What did you get?

 

[Deleted member 191657]

Please explain how the Serial and MAC can identify a person. How can Nintendo tell if it is me or my brother playing with my switch?

Nintendo Accounts / Local User Accounts linked to that specific device...

I know you can use fake/shared ones but the principle still stands.

 

[PewnyPL]

Even if we go as far saying that yes, console info is personal data since you own the console, as well as its cert, they could go EVEN further to mess you up.
They could delete the ban info, sure. But what's stopping them from deleting the certificate from the server? That way, if you connect with your unbanned certificate, you will get an error because the cert doesn't exist in their system at all. And you won't be able to complain, after all, you asked them to delete under GDPR ALL data about the console.

 

[biggyd]

Please explain how the Serial and MAC can identify a person. How can Nintendo tell if it is me or my brother playing with my switch?

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This is only because you don't understand the GDPR. Anyone who des knows that this won't work.

If your creditcard is attached to the account that is playing it is you. This would be the same with all companies, by saying "yo do not know who was logged in my facebook account"

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Even if we go as far saying that yes, console info is personal data since you own the console, as well as its cert, they could go EVEN further to mess you up.
They could delete the ban info, sure. But what's stopping them from deleting the certificate from the server? That way, if you connect with your unbanned certificate, you will get an error because the cert doesn't exist in their system at all. And you won't be able to complain, after all, you asked them to delete under GDPR ALL data about the console.

Then you buy a game cart with a game that has a flaw in 1.0.0, and needs an update. Then they are selling you something that does not work. Fraud from their side.

 

[Revard]

Terms of Service on its own is not a legally binding contract in any way shape or form. If any of the Term of Service is not upholding local laws or other (state,national, federal) laws all of it is null and void.
Companies can derive their actions complied with TOS but as soon as it is in the courts and the TOS is not in compliance with the law the case will be lost.

Many TOS have a clause in it which states that it not void the whole TOS but only the part which is against the law.

 

[c80]

Nintendo Accounts / Local User Accounts linked to that specific device...

No. You can have your account linked to more than one device and more than one person could use the device. The Serial and MAC is no way to identify a person

 

[Kukielka]

Well, again, I disagree. But feel free to tell everyone to sit down, do nothing. I would suggest It is 'worth' a shot. If people want to 'waste' (according to your words) their time on requesting their information, seeing what they have and trying something to get off that list.

Because my opinion is that you own that Hardware and games you bought, and you should be able to update it. If we all are going to sit like lazy ducks and say 'well then you should not have ...' then we should not even be on these forums and drooling in a bucket. Figure of speech.

if you have a better idea, instead of doing nothing, I am all ears.

Here are a couple of ideas:

1. Don't break the TOS if you don't wanna get banned.
2. Wait until Hombrewers figured out how to avoid bans.
3. Backup your switch with a clean Nand, restore it when you are done doing shit.