Hacking EU Users: Super Ban - GDPR Template

[linuxares]

Real question and sorry about the offtopic. Where's this ignore button that i hear so much about?

Press the username, then you see "PM" "Profile" etc. and one of them is "Ignore".

 

[Ashura66]

Real question and sorry about the offtopic. Where's this ignore button that i hear so much about?

EDIT: Nevermind! Found it!

Click on any avatar, you'l see it

 

[kumikochan]

Real question and sorry about the offtopic. Where's this ignore button that i hear so much about?

You go to that person their profile and then push the arrow thing that says interact and it should be there

 

[Ashura66]

You go to that person their profile and then push the arrow thing that says interact and it should be there

No need, just click the avatar, no need to ACTUALLY go to the person's profile

 

[c80]

So you literally want them to revoke the moderator status of that person because he doesn't agree with you ?

No, not because he disagrees with me. Just because (almost) everything he says is wrong.

 

[Localhorst86]

I would say LA Noire disadvantage consumers because of the digital extra download.

Nr 13 and 15 as well.
https://europa.eu/youreurope/busine...rtcut-2-unfair-contract-terms-are-not-binding

Arguably the contract could be viewed as unfair under these premises (I am still firmly of the oppinion that selling physical cartridges without the full data intact is bullshit and the consumer should boycott even buying these). That would make the contract void and you could return the item for a full refund.

The issue, I would argue based on what i have learned about contracts in multiple schools, is that this would come into effect as soon as you are aware of the disadvantage. And when we look at the cover (https://www.reddit.com/r/NintendoSw..._was_truly_annoying_like_a_warning_sign_on_a/) this would mean we are aware of the disadvantage even before we actually make the contract.

 

[linuxares]

Arguably the contract could be viewed as unfair under these premises (I am still firmly of the oppinion that selling physical cartridges without the full data intact is bullshit and the consumer should boycott even buying these). That would make the contract void and you could return the item for a full refund.

The issue, I would argue based on what i have learned about contracts in multiple schools, is that this would come into effect as soon as you are aware of the disadvantage. And when we look at the cover (https://www.reddit.com/r/NintendoSw..._was_truly_annoying_like_a_warning_sign_on_a/) this would mean we are aware of the disadvantage even before we actually make the contract.

Ah yes we are. But lets say for some reason you gotten a ban, it might be a mistake by Nintendo or even running homebrew. You don't know you gotten banned just yet, but you bought the game, you come home and try to play it but to be met with a ban message. That would cause issues if the store refuse to refund, even when the ToS is clear here from Nintendos side. But the legal side is a whole other matter. Your eshop account must work on your device for you to be able to play the game.

Never the less, it's a good and interesting discussion with people actually discussing without the high horse sentiment. We will never really know until FSFE takes a digital distributor to court for sure.

 

[c80]

You don't know you gotten banned just yet

but you know that you modified your console and you know that the game may not work with a modified console

-snip-

 

[Localhorst86]

Ah yes we are. But lets say for some reason you gotten a ban, it might be a mistake by Nintendo or even running homebrew. You don't know you gotten banned just yet, but you bought the game, you come home and try to play it but to be met with a ban message. That would cause issues if the store refuse to refund, even when the ToS is clear here from Nintendos side. But the legal side is a whole other matter. Your eshop account must work on your device for you to be able to play the game.

Never the less, it's a good and interesting discussion with people actually discussing without the high horse sentiment. We will never really know until FSFE takes a digital distributor to court for sure.

I think then we can apply the source provided by @kumikochan here: https://www.theguardian.com/money/2...-act-updated-digital-purchases-apps-downloads

Shoppers would only be entitled to return the faulty digital content for an immediate refund if it was inside a physical item (for example, on a disc or embedded in goods such as a digital camera).

you would be able to get an immediate refund. ToS don't really apply, as you made a purchasing contract with the shop you bought LA Noire from, not Nintendo. The shop should not even have to care why the game doesn't work (i.e. it must be completely irrelevant for the shop wether you can't download it because you have no internet connection or wether you are CDN banned), as per the definition it simply fails to work.

 

[kumikochan]

I think then we can apply the source provided by @kumikochan here: https://www.theguardian.com/money/2...-act-updated-digital-purchases-apps-downloads



you would be able to get an immediate refund. ToS don't really apply, as you made a purchasing contract with the shop you bought LA Noire from, not Nintendo. The shop should not even have to care why the game doesn't work (i.e. it must be completely irrelevant for the shop wether you can't download it because you have no internet connection or wether you are CDN banned), as per the definition it simply fails to work.

Ofcourse, the shop does have to give out the refund and not Nintendo since it is bought from the shop itself and not directly from Nintendo so I agree with you on that def

 

[antiNT]

See @c80 , I'm not the only one telling you that it's your right to have access to the game you bought, hell, I've even explained the situation to a friend because I had a doubt like maybe you were right after all but my friend also told me that: they can ban you to block online play because it's a service but they can't prevent you from playing the game solo because you spent money on that and it's your right as a customer.

 

[Batpeter]

The EU rules are not yet clear on digital goods and services consumer protection.

Here's an in-depth and interesting report:
Analysis of the applicable legal frameworks and suggestions for the contours of a model system of consumer protection in relation to digital content contracts
https://pure.uva.nl/ws/files/1294566/94945_Report_3_After_proofreading_final.doc

Some excerpts:

Arguably, the classification of digital content pursuant to consumer contract law may need to occur on a case-by-case basis. Not all digital content can be qualified as a good, and not all digital content falls under the definition of service.

It is safe to say that when a contract is classified as a ‘service contract’, this basically implies that it is uncertain what the rights and obligations of the parties are under the contract.

This is different if the contract is classified as a sales contract, as in all Member States sales law has developed over time into a fairly coherent set of rules – which, however, was created primarily with tangible goods in mind. Whether these rules, or the rules pertaining to consumer sales contracts, may be applied to digital content contracts, is also uncertain.

Some digital content products are intended to provide the consumer with the possibility to make use of third party offers. Examples are online platforms such as eBay, but also the Apple Store and the OVI Store, where apps may be downloaded for mobile phones. Insofar as the devices purchased by the consumer to enable such downloads do not function, this may constitute a non-conformity of the device.

The consumer may reasonably expect that she will be able to peacefully enjoy the use of the digital content in accordance with its ordinary use. Where the consumer is not informed of restrictions as to the normal use of the digital content and rights of third parties have not been cleared or stand in the way of the consumer’s peaceful enjoyment of the digital content, this constitutes a non-conformity for which the trader is liable.

A recent study shows that access problems are among the most prominent types of problems consumers experience with digital content. Some of these problems in fact are caused by technical protection measures, which may seek to prevent the transfer of the digital content from one device to another or to prevent the number of times or the period during which the consumer may access the digital content. The question arises whether such problems amount to non-conformities. This is the case where the consumer may otherwise reasonably expect to be able to use the product freely, unrestricted in time, in number of times of access to the product, or in the number of times she wishes to transfer the file to another device or to make a private copy, and he was not properly informed of such restrictions before the conclusion of the contract.​

 

[c80]

See @c80 , I'm not the only one telling you that it's your right to have access to the game you bought, hell, I've even explained the situation to a friend because I had a doubt like maybe you were right after all but my friend also told me that: they can ban you to block online play because it's a service but they can't prevent you from playing the game solo because you spent money on that and it's your right as a customer.

So your friend is wrong too. It is common for uneducated persons to have uneducated friends. You should really ask someone who KNOWS what is right. He can explain you, why I'm right. Just tell him that IT IS WRITTEN ON THE BOX, which means that you know it may not work, before you buy it.

I don't say that I think this is good. I just say how it is. If you really have the problem that you cannot play your bought copy of LA Noir, I'd advice you to just copy it.

Btw: can you donwload the update on an unmodified switch and then install it on the modified one, if they are in the same network?

 

[leon8179]

off topic: can anyone tell how to unfollow this thread? I keep getting notified and it is annoying

 

[antiNT]

Why? I did nothing wrong


I did it 0 times. Is this not enough?


First of all: unaducated is not an insult
Second: it is a fact. If you had some education on this topic, you could never say what you said

Don't you see that I really try to be polite to you?

Try to see it from MY point of view. I'm right and you keep saying wrong and stupid things for hours now. Can't you imagine what I think of you? I don't think it would be possible for me to think much lower of a person than I think of you. Despite all that, I'm still nice and friendly to you. What do you think would have happened in real life? You would be donating many liters of blood out of your nose if you'd talk to me like that in RL.

Please report this person. I already did.

 

[Ashura66]

off topic: can anyone tell how to unfollow this thread? I keep getting notified and it is annoying

Top right corner of the page, click Unwatch Thread

 

[xIce101x]

No retailer is going to refund a game because you got your console banned for directly violating the TOS you agreed to. Nintendo isn’t playing around this time. Be happy you can sign in to another unhacked console and redownload all your purchased titles. Microsoft and Sony aren’t as nice when it comes to this.

 

[l915205]

I doubt Nintendo will unban you, OP. They block by certificate and it does not contain personal info.
But the whole situation "we will break device your $450 device anytime we want, without explanations and appeals" is huge bullshit. I hope EU will fix it. How they kicked US asses with their magic TOSes "by visiting this site for 5 seconds your agreed to provide us all your lifetime personal information for free. Thank you".

Even more amusing that some people consider this normal practice. Especially often this happens in self proclaimed Land of Freedom, where parts of human DNA are already patented and belong to corporations. What kind of slave mentality is it?
And no, online services on modern consoles are not some kind of courtesy from our Corporate Masters. You can't even play some single-player physical games on Switch without day-0 patches, for fucks sake.

 

[brainpower160]

Just get over it already, it is not that hard to understand.

If you modified your console and thus violate the terms of use, and Nintendo detects it, that specific console loses all the services Nintendo provides to it. It’s like warranty. You break your own device, Nintendo is not going to fix it for you. So stop this non-discussion because it’s a waste of time. You got banned and want access back to the services Nintendo provided? Well buy a new one and dont violate te terms of use anymore. Easy as that.

 

[l915205]

It’s like warranty

Exactly. It is like warranty: forcing companies by law to do things that otherwise they will never do for free. It is called consumer protection.
And it is not that hard to understand.

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The data stored about the state of your console is not your personal data. It's data about your console.

Actually IPs and MAC addresses are considered personal data under GDPR.
I think important part is ability to link these numbers to particular person. And if you have Nintendo account with bank card attached for example it is more than likely.