Hacking EU Users: Super Ban - GDPR Template

[crissal]

I'm laughing because not all agreements are *contracts* and you fail to accept fact as fact.
It's funny. Sorry.

While it's true that agreements and contract are two -similiar, but- different things (proof), a ToS (Terms of Service) is legally binding (proof).

 

[c80]

The console is not bricked, what are you talking about ?

Wow, you are.... Ok, I'll try to be polite, but you're making it difficult.

This thread is about bans. Bans that happen after people crack their switches. Some said that that is against the law. Those people are dumb, because it is written on the box that "The use of an unauthorized device or software that enables technical modification may render this software or your Nintendo Switch system permanently unplayable."

 

[antiNT]

Wow, you are.... Ok, I'll try to be polite, but you're making it difficult.

This thread is about bans. Bans that happen after people crack their switches. Some said that that is against the law. Those people are dumb, because it is written on the box that "The use of an unauthorized device or software that enables technical modification may render this software or your Nintendo Switch system permanently unplayable."

Yes, if you use an unauthorized software or modchip that enables said software you can brick your console (by deleting critical files for example), everyone knows that.

 

[c80]

Yes, if you use an unauthorized software or modchip that enables said software you can brick your console (by deleting critical files for example), everyone knows that.

But some guys here are so stupid that they think it was against the law if Nintendo bans them. Of course it is not. It is even written on the box.

 

[linuxares]

Stop laughing. Sure, not all agreements are contracts, but in this case the ToS are a contract. I never said that all agreements were contracts.

https://europa.eu/youreurope/citizens/consumers/unfair-treatment/unfair-contract-terms/index_en.htm

 

[antiNT]

But some guys here are so stupid that they think it was against the law if Nintendo bans them. Of course it is not. It is even written on the box.

I've been trying to explain how a certain situation (the L.A noire thing) can turn a ban into an act against the law

 

[c80]

https://europa.eu/youreurope/citizens/consumers/unfair-treatment/unfair-contract-terms/index_en.htm

What does that have to do with it?

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I've been trying to explain how a certain situation (the L.A noire thing) can turn a ban to an act against the law

Yes, you tried - and failed. As you can see on the box, it clearly says that that can happen. Obviously it is NOT against the law. Thanks for proving yourself wrong!

 

[linuxares]

What does that have to do with it?

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


Yes, you tried - and failed. As you can see on the box, it clearly says that that can happen. Obviously it is NOT against the law. Thanks for proving yourself wrong!

If ToS is unfair, it can be void. And since we rinse and repeat in this topic at the moment. ToS is not legally binding in my country. So it's per default void.

 

[kumikochan]

What does that have to do with it?

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Yes, you tried - and failed. As you can see on the box, it clearly says that that can happen. Obviously it is NOT against the law. Thanks for proving yourself wrong!

It shows that TOS is not above the law. Also if TOS would be legally binding then you wouldn't have cases like these
https://www.forbrukerradet.no/side/nintendo-breaking-the-law/

 

[crissal]

https://europa.eu/youreurope/citizens/consumers/unfair-treatment/unfair-contract-terms/index_en.htm

And what are the unfair terms of Nintendo?
Seriously guys, you're defending the indefensible. It's piracy. If Sony had ban someone for hacking the PS4, nobody would have spoken.

 

[lytro]

Looks like this thread went off topic.

So in the end there is nothing europeans can do?

 

[antiNT]

Yes, you tried - and failed. As you can see on the box, it clearly says that that can happen. Obviously it is NOT against the law. Thanks for proving yourself wrong!

Look, I've already told you that everyone knows and understand what's written in the box, it just says some generic info "using modchips or homebrew can brick your console" this has nothing to do with Online bans.

 

[Ashura66]

Looks like this thread went off topic.

So in the end there is nothing europeans can do?

Europens or anyone. If you're banned you're banned, period

 

[linuxares]

And what are the unfair terms of Nintendo?
Seriously guys, you're defending the indefensible. It's piracy. If Sony had ban someone for hacking the PS4, nobody would have spoken.

I'm still not defending the bans of the console. I'm defending a possible ban of users accounts on all digital platforms.
It's still a possibility that a carpet ban is illegal according to EU law, but as long as it haven't been tried. We shall never know.

 

[ShadowOne333]

So if I make a contract with another guy to kill someone, does that put me above the law?
Follow the logic, kiddos, contracts or agreements are NEVER above the law.
There are a lot of cases where a contract has been made and it was revoked due to unfair terms which don't fall into legal grounds.

 

[c80]

If ToS is unfair, it can be void.

Ok, but that has nothing to do with this case, so why are you bringing this up?!

And since we rinse and repeat in this topic at the moment.

Yes, as long as people say wrong things, others like me will correct them.

ToS is not legally binding in my country. So it's per default void.

That would mean that you don't have any right at all to use Nintendo's online service. If you never had the right in the first place, you cannot complain if they deny you access.

 

[linuxares]

Ok, but that has nothing to do with this case, so why are you bringing this up?!


Yes, as long as people say wrong things, others like me will correct them.


That would mean that you don't have any right at all to use Nintendo's online service. If you never had the right in the first place, you cannot complain if they deny you access.

Then they aren't allowed to sell their product here at all. So still, until you actually have something that provide substantial counter-pointers. I will just ignore you. You literally just throw stuff out and hope it sticks.

 

[ShadowOne333]

And what are the unfair terms of Nintendo?
Seriously guys, you're defending the indefensible. It's piracy. If Sony had ban someone for hacking the PS4, nobody would have spoken.

It's unfair terms because not all users that have hacked the Switch have relied to piracy.
Sure, a lot of people do, but remember back when people were only running the Homebrew Launcher and apparently some error logs were being reported to Nintendo, they banned the person.
And from what I am seeing, these bans went from a simple "can't play online" to actually not being able to do a thing online with the Switch anymore, including updates to the console and games, AND stuff you paid for in the eShop, which they are withholding from you, even if you paid for it legally and have not done piracy in the system.

As you can see, there is a fair amount of discussion that can be done against the fact of a full ban.
I am not against banning hackers, it's okay for me if they ban a hacked device from online play, that's how it should be to keep things fair and safe for everyone (Odyssey anyone?).
However, locking the system out from any possible online connection for game updates (which are not their IPs), DLCs and also system updates, that's going far and beyond, even if you just ran homebrew to play Pong.

 

[c80]

if TOS would be legally binding then you wouldn't have cases like these
https://www.forbrukerradet.no/side/nintendo-breaking-the-law/

ToS are legally binding, but only if they are not against the law. Every contract must not violate the law. This is nothing special.

What does cancelling a pre-ordered game have to do with bans?

 

[kumikochan]

ToS are legally binding, but only if they are not against the law. Every contract must not violate the law. This is nothing special.

What does cancelling a pre-ordered game have to do with bans?

with that I agree