Hacking EU Users: Super Ban - GDPR Template

[dsdavis6]

A person stole some items in a grocery shop, he got caught and when they looked in his bag they found all the stolen items. This person went to the authorities and complaint that the shop violated his privacy because they looked inside his bag.

But they are blocking access to games that have actually been paid for in some cases?

 

[Nincompoopdo]

But they are blocking access to games that have actually been paid for in some cases?

If you steal from a store, do you think they will let you back in? People should considered themselves lucky not being fined for their criminal offence, after stealing you still want them to consider you a customer?

 

[c80]

Does no one in this thread understand that it's Nintendo service they are banning you from.

I do. I said this over several pages, because some guys did not get it. It ended with them insulting me. Not even the mod and his supervisor could help (the mod is spreading false information here too)



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It is illegal to sell firmware updates too.

In at least most countries it is not. Show us the law you are talking about.

 

[Localhorst86]

But they are blocking access to games that have actually been paid for in some cases?

Here's the thing I said a few times in this thread and no one has really answered it.

How long does Nintendo have to provide you with the download? What exactly does the law say in regards to this?

 

[c80]

Actually IPs and MAC addresses are considered personal data under GDPR.

IPs are only personal data if they are stored together with a timestamp because they normally change every time you connect to the internet or at least every 24h. Could you provide a source for the MAC id being personal data? On most systems, you can change your MAC id so it is not possible to link a MAC id to a person. It is just a ramdom number

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How long does Nintendo have to provide you with the download? What exactly does the law say in regards to this?

What counts is what is written in the ToS, not the law. In this case the ToS say that you need an unmodified console (that means never modified). If you don't have that, no one forces Nintendo to give you the data. Its your own fault

 

[urdaddy]

My 2 cents-
Does not hurt you to try. If you get unbanned- nice. If not, meh.

The stealing from grocery store example is kinda not what is happening. You bought a console. You bought a game. Whatever you do aftermarket, with your own hands (like playing nsps or xci) is upto you and as long as you are not cheating on online gameplay and hampering other’s experience- you should be okay and entitled to software updates to the games you bought legally and have system updates. If you can “steal” games from them using CDNSP, it’s nintys fault for not having their security sorted out (and morally, your fault. But you can get games from anywhere. Like buy a game, back it up, sell the ccart- with new games, thats like a 5-10 bucks loss/for a game). Why block consoles from updating for using that loophole they have beacause of themselves?

 

[Nincompoopdo]

My 2 cents-
Does not hurt you to try. If you get unbanned- nice. If not, meh.

The stealing from grocery store example is kinda not what is happening. You bought a console. You bought a game. Whatever you do aftermarket, with your own hands (like playing nsps or xci) is upto you and as long as you are not cheating on online gameplay and hampering other’s experience- you should be okay and entitled to software updates to the games you bought legally and have system updates. If you can “steal” games from them using CDNSP, it’s nintys fault for not having their security sorted out (and morally, your fault. But you can get games from anywhere. Like buy a game, back it up, sell the ccart- with new games, thats like a 5-10 bucks loss/for a game). Why block consoles from updating for using that loophole they have beacause of themselves?

Come on, stealing is stealing. Deep down inside we all know it's wrong. People are just trying to find an excuse to get unbanned here. I downloaded nsp too but I am still not banned. If you want to steal, then do better and not get caught. If you're banned then it's your own fault not being careful. Buy a new Switch and use that a a lesson.

 

[brainpower160]

My 2 cents-
Does not hurt you to try. If you get unbanned- nice. If not, meh.

The stealing from grocery store example is kinda not what is happening. You bought a console. You bought a game. Whatever you do aftermarket, with your own hands (like playing nsps or xci) is upto you and as long as you are not cheating on online gameplay and hampering other’s experience- you should be okay and entitled to software updates to the games you bought legally and have system updates. If you can “steal” games from them using CDNSP, it’s nintys fault for not having their security sorted out (and morally, your fault. But you can get games from anywhere. Like buy a game, back it up, sell the ccart- with new games, thats like a 5-10 bucks loss/for a game). Why block consoles from updating for using that loophole they have beacause of themselves?

This is a complete joke. What you saying make no sense. Nintendo delivered you a working product which you can use to play the by you purchased games on, as it is designed for.

But than you decide to modify it which it totaly not what it is designed for. True it is you property now you can do on it whatever you want. But you can not expect that anything will keep working as it should be if you use it in a way that it is not designed for. The moment that you do that you lost all your rights/service that Nintendo was providing you on that device.

If you decide to walk on your switch because it could be turned into sandals. Don’t get upset if it get pressed into pieces and blaming Nintendo not making the device indestructable, because now you cannot play/update your purchased games on that device.

 

[l915205]

Does no one in this thread understand that it's Nintendo service they are banning you from. They don't need a reason to ban you, you can't fight this.

Yes, it is their service. No, they can't do whatever they want with it.
They have to comply with European law to sell products and services here. Google, Facebook and thousands other US companies were forced to change their services after GDPR and everyone did despite loosing billions in the process.

 

[c80]

They have to comply with European law to sell products and services here.

They do. There is no law that forces Nintendo to let you access to their service with cracked devices.

 

[l915205]

They do. There is no law that forces Nintendo to let you access to their service with cracked devices.

They are blocking network access because they can get away with it. As simple as that. Laws can't keep up with modern technologies.
Does not mean it has to remain this way forever. It takes 10 years+ to have digital purchases and personal information handling regulated but is was done.

 

[biggyd]

Nintendo GmbH has 1 person in the office handling this topic, now they are adding more 'units' to the front. They all have a bible with a big "ToS" on front of the book.

 

[l915205]

They have every right do do so.

And people have the will to fight for their customer rights.
Monopoly console online services should evolve from Wild West of now to transparent system with well defined rights and responsibilities of every participant.

I wonder why anyone will be against this.

 

[Wierd_w]

And people have the will to fight for their customer rights.
Monopoly console online services should evolve from Wild West of now to transparent system with well defined rights and responsibilities of every participant.

I wonder why anyone will be against this.

The problem is that console makers have a "Business Model". That business model is basically this:

1) Take a hit on the hardware sales price
2) Make up for it on exclusive licensing to use that hardware.

Consumer rights, (which I strongly support, btw) would require that the second part of that business model become de-facto broken, because said consumer rights would grant the end user the power to run whatever software they want on that hardware. Because the user can select which software, they can also select who to get the software from, and how to install it. This means the concept of exclusive licensing is totally shot, destroying the business model.

Because it destroys the business model, the console makers and their associated publishing studios act like you just suggested eating babies, or committing genocide, if you so much as breathe a word that SOUNDS like you want to force them to stop having exclusivity through consumer protection laws.

Personally I think they should charge the actual price, plus a modest margin for profitability on the initial sale of the console, then play the role of the "Premiere" publishing group. (If you want the BEST stuff, it is published through us, because literally NOBODY knows this console's capabilities like WE do, and the tools we supply using our licensing are the best tools you can use to develop for this console--- That kind of angle.) However, that approach makes them much less money, and does not get their dicks hard like exclusive licensing, (or even more cock-hardening for them, "Console Exclusives!") and so they dont want to consider it--- to the point where they will often times assert that "NO! CANNOT DO!" even though it works, and has worked JUST FINE on the PC market for decades.

The current fight is not over "OMG! FORCE NINTENDO TO UNBAN MY CONSOLE SO I CAN KEEP PIRATING!!"

The current fight is over "Nintendo should not have the legal right to lock the boot loader, encrypt the eMMC, coopt the processor to perform secret cryptographic handshakes to prevent outside development, etc--- because the hardware itself is a physical object, which the end user can choose to use in whatever fashion the end user wants--- And likewise, the capability to ban a console permanently restricts the capacity to refurbish the unit and resell it to other people second hand, in violation of the principle of first sale."

See also, how "Right to Repair" would kick nintendo in the balls super hard, because the proposed legislation would prohibit nintendo from being an exclusive repair and servicing endpoint. (EG, any shade-tree hacker with the appropriate knowhow and a copy of a legitimate and unmodified firmware image, free of pirate or other objectionable material, has legal right to repair a banned console, and nintendo then has no legitimate reason to keep that console banned if it is sold to another person.)

But, there are people who love to conflate one with the other, because they dont understand, or do not WANT to understand, the real issue underneath.

 

[tyler004]

so did u guys send ur letter to nintedo within 30 days of purchase cuz end user agreement says u had 30 days to send a written notice to opt out under section 7

 

[Wierd_w]

no.

1) Not European.
2) I believe busting down the door on their ivory tower sends the message clearly enough.
3) I dont use their services anyway.

 

[tyler004]

was a general question for ppl in the eu lol not u

 

[biggyd]

was a general question for ppl in the eu lol not u

The GDPR request data letter can be sent any time, there is no 30 days. Again, a company can write whatever they want in their ToS, Agreement, Contract, Bible, or however they call it. Even 1 day. Or 1 hour.

A friend of mine sent the "Request for Data" letter. I will update the OP once he has a reply.

 

[IngeniousDefault]

Wouldn't deleting those data also mean that they kill your entire account with all the games you bought? Or can you force them to only delete the data that is a responsible for a ban? I'm not banned but I really would like to know.

 

[biggyd]

Wouldn't deleting those data also mean that they kill your entire account with all the games you bought? Or can you force them to only delete the data that is a responsible for a ban? I'm not banned but I really would like to know.

Depends, That is why it would be wise to first 'request' your data.