Hacking EU Users: Super Ban - GDPR Template

[crissal]

You own a license, they they probably have the right to take away from you.

Yep, that was implied. You have the right to use that game under the ToS, otherwise you cannot use it anymore.

 

[c80]

You own something if you have the DRM-free version

Wrong. You don't own the game. You only have some rights (license). If you buy a physical copy, you own the disc/cart, box, manual etc.

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i can see the 2 sides, but im not sure of anything

It's really easy. Those who think the GDPR could be used to unban a console are obviously wrong. Those who say the opposite are obviously right.

 

[Batpeter]

Wrong. You don't own the game. You only have some rights (license). If you buy a physical copy, you own the disc/cart, box, manual etc.

You have the right to use the digital files, save them and use them however you like as far as copyright laws permit. In stark contrast to something like Steam where you do not own the right to use the files however you like, you agreed to use them only with the Steam client.

 

[kumikochan]

You have the right to use the digital files, save them and use them however you like as far as copyright laws permit. In stark contrast to something like Steam where you do not own the right to use the files however you like, you agreed to use them only with the Steam client.

you do, Steam is not an exeption but I do agree with what ur saying that It can only be used on the client itself but the court ruling also says I can make a copy of it then sell that copy if I delete my copy
https://www.eurogamer.net/articles/...nnot-stop-you-reselling-your-downloaded-games
Nintendo is in violation of this btw since it deletes accounts that are sold with games on

 

[c80]

You have the right to use the digital files, save them and use them however you like as far as copyright laws permit.

I said this

In stark contrast to something like Steam where you do not own the right to use the files however you like, you agreed to use them only with the Steam client.

So in your world, if I buy a game from Steam and download it through Steam, it is against the law if I play this game I bought without the Steam client? What law is it that forbidds this? At least in Germany this is perfectly legal.

 

[crissal]

Wrong. You don't own the game. You only have some rights (license). If you buy a physical copy, you own the disc/cart, box, manual etc.

https://www.defectivebydesign.org/what_is_drm_digital_restrictions_management
DRM prevents anything (copying, sharing, possibility of using without connection); DRM-free, however, let you do anything with your copy of the data (music, movie, game...).

 

[Batpeter]

you do,
https://www.eurogamer.net/articles/...nnot-stop-you-reselling-your-downloaded-games

Im not talking about ownership, im saying usage is limited to using a client. You are not allowed to circumvent the client.

 

[crissal]

So in your world, if I buy a game from Steam and download it through Steam, it is against the law if I play this game I bought without the Steam client?

It's not illegal, simply you cannot.

 

[kumikochan]

Im not talking about ownership, im saying usage is limited to using a client. You are not allowed to circumvent the client.

But it says I can make a copy so in that way I do have to circumvent that. Anyway Nintendo is in violation of this since it deletes accounts that are bought with games on

 

[guily6669]

They do but only from game cartridges, not from online updates

Then I don't think anyone can legally do anything as Nintendo is not preventing anyone from buying a game and play it as it's the main function of the gaming console to play games...

So doing what this thread describes even if Nintendo agree would only make them remove the more user customised telemetry which have nothing to do with banning\unbanning as they are totally legal to prevent that console from online functions but would simply have to comply in deleting stuff like your real name if it even has, addresses, mail info, ips and any other pointless crap that has anything to do with the person entity and not the console which they still totally own all of its sofware.

 

[c80]

DRM-free, however, let you do anything with your copy of the data (music, movie, game...).

Technically speaking, you are right. But from a legal point of view, there is not a big difference between DRM games and DRM-free games.

 

[Batpeter]

But it says I can make a copy so in that way I do have to circumvent that. Anyway Nintendo is in violation of this since it deletes accounts that are bought with games on

No you're either transferring the actual data which is useless without the client, or you are (also) transferring the right to download and use the game with that client. You're not allowed to use a crack to circumvent that client.
As far as access to games go, yeah i think you're right that Nintendo has to give you access to the game you legally bought for at least as long as their platform exists. Access to online features within that game is a different story though.

 

[c80]

But it says I can make a copy

That does not mean that anyone has to make this possible for you. You are only allowed to do it

 

[kumikochan]

No you're either transferring the actual data which is useless without the client, or you are (also) transferring the right to download and use the game. You're not allowed to use a crack to circumvent that client.

I don't know since it does not state anywhere in the law that I can't use game cracks to run it without a client. I atleast can't find anything towards that regarding European law. It could be but I can't find anything regarding that

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That does not mean that anyone has to make this possible for you. You are only allowed to do it

yeah and I can resell that copy as long as I delete my copy is what the court ruling says

 

[c80]

No you're either transferring the actual data which is useless without the client

A lot of games on Steam don't have DRM and can be copied and played without the client

As far as access to games go, yeah i think you're right that Nintendo has to give you access to the game you legally bought for at least as long as their platform exists. Access to online features within that game is a different story though.

Read Nintendo's EULA. The EULA that you had to agree to buy the game...

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yeah and I can resell that copy as long as I delete my copy is what the court ruling says

Sure you can. I don't know of any case where Steam sued a user for selling a used game and won. Do you?

 

[Batpeter]

I don't know since it does not state anywhere in the law that I can't use game cracks to run it without a client. I atleast can't find anything towards that regarding European law

Pretty sure the TOS contains this information and this is not against the law. Cracking a game is always illegal because you're tampering with copyright. The only exception i can think of is when a client dies and you want to retain access.

Read Nintendo's EULA. The EULA that you had to agree to buy the game...

Pretty sure that goes against EU consumer laws, voiding that part of the EULA

 

[c80]

It's not illegal, simply you cannot.

Bullshit. You can play a lot of games without the client. Not all games on Steam have DRM

 

[kumikochan]

Pretty sure the TOS contains this information and this is not against the law. Cracking a game is always illegal because you're tampering with copyright. The only exception i can think of is when a client dies and you want to retain access.




Pretty sure that goes against EU consumer laws, voiding that part of the EULA

TOS is not above the law so if the law doesn't state that I can't crack it when bought to circumvent client usage then I can. It's as simple as that. Can they delete my license on the client itself if they found out ? Yes they can but can they sue me for doing that and then reselling that copy no they cannot. Does steam have to allow accounts to be sold ? Yes they have as can been seen in that court ruling since I am not breaking TOS and the high court said you can.
Nintendo is unlawfully deleting bought accounts so they should be called out for that

 

[c80]

Pretty sure that goes against EU consumer laws, voiding that part of the EULA

It's not. If you modify your console, they have every right to deny you access to their online service. Why would EU consumer laws say anything different? This is a good thing for the consumers. Do you want cheaters in online games?

 

[Batpeter]

It's not. If you modify your console, they have every right to deny you access to their online service. Why would EU consumer laws say anything different? This is a good thing for the consumers. Do you want cheaters in online games?

Im talking about access to your game by downloading it and playing it, this is not a service but a right. Apparently you even have the right to resell a DRM game. I specifically said online features (within that game) are a different story.