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Nintendo can detect CFW, SciresM went in to detail about it during one of his reverse engineering streams.
Well then, it's a good thing I never let my Switch sysNAND touch CFW. And I've been careful to only update officially, even when keeping the offline ones offline.
don't think French precedents would help in the US because they did successfully sue Max elsewhere but just failed in France.
Yeah, a French precedent wouldn't help. An English one might if it was somehow based on laws that predate the United States though. (believe it or not, that occasionally happens) Of course, the most relevant cases would be in regards to Sony vs Connectix. What makes Sony vs Connectix relevant is that Bleem! had the ability to allow users to play backed up games as ISO files, but it's primary use case was to allow physical discs to work on a PC or Mac so it's a bit different. The case example of EA reverse engineering the Sega Genesis and threatening to release their own license program might help, except that as far as I know that was never handled by the courts so there wouldn't have been a court precedent to lean on. The closest real cases that could come close to that would be one of the many IBM vs Microsoft cases. Remember that, originally, the IBM was the only PC and IBM did NOT like having competition on it's hardware.
As for arguing that the intended use of SX hardware is to enable user software, I think that point is moot because TX straight up embeded keys in SXOS. Sure the intention might be to enable user software but that doesn't change the fact that they included illegal numbers.
I would have to agree with you there. Since SXOS does use Nintendo's own copyrighted code - whereas Bleem! did not use any copyrighted code in it's final product it probably wouldn't survive on that count even IF most of it's users would shown to only use backups. The SX Core, in contrast, is a new piece of hardware that can do much more than run SXOS and could stand on it's own as a competing physical product. If the arrested members tried to focus on that angle it would probably make a difference. If the courts struck that hardware down it would set a very bad precedent overall.
One possible argument that they might be able to use is that they didn't know their devs were embeding keys since based on what little I know about TX their development teams are quite isolated, but I don't know if that would hold up in court.
That's actually a really good idea, and there are legal precedents to support such arguments. As a business owner myself, if someone I employed broke a law and I could establish that I didn't know they did so I could evade personal responsibility. The company would still have to pay damages in civil matters, or fines in criminal matters, but I'd avoid going to jail because in order for a crime to occur the act and the intent must coincide.
In this case, since the ones arrested were PR people, such an argument could go very well for them. Especially since their own forums have clear rules against linking to or even talking about piracy. These people could adamantly state that they do not believe any copyrighted code was used and that they do not support piracy in any way - only legal backups of software that people paid for - and then point out how their new hardware allows for an alternate OS to be installed to run instead of Nintendo. They could then cite cases that verified the legality of rooting phones to install software that users want installed even if smartphone makers don't like it and explain how similar the Nintendo Switch is to a Smartphone.
So now the only way i can play my backups is using atmosphere? no sign of sx os to give an update?
I mean, you can still use SXOS, you just won't be able to update beyond 11.0.0 unless and until they release an update supporting it.
on the latest firmware, I believe so. I don't think atmosphere was deterred by the arrests, but once Nintendo started interfering with their money by suing resellers, that's when things got serious.
Yes, that is the problem. With stores vanishing they are unable to sell product and if they cannot sell product they have no profit motive to release updates. If they release updates at all it would be at a reduced frequency unless they can find another way to sell their products.
They should consider alternate methods of raising money. One idea would be to allow people to purchase licenses directly from them. There are, for example, companies that will sell a product for Bitcoin or Dashcoin where once you send a set amount the transaction automatically completes. They could do something similar which would allow them to at least sell licenses which could be used with alternate methods of payload injection. Then they could sell their hardware under a different brand to get it back out there.
An easier approach would be to shift to the crowd funding route. Rather than selling the license files, require that each update requires X dollars to have been raised before it will be worked on. Since the updates are paid for by new sales under the current model, shifting in that direction would allow them to be paid for the work they do rather than how much is sold.
lucky me i have a sx pro dongle, so i have a way to move to atmosphere with more ease
Yeah, it can be used for that. Of course, anyone who wants to use a new dongle for SXOS will need to do so before their websites shut down because if that happens you won't be able to. So, in my case, I have 4 Switches and 4 dongles. Only two of the dongles have ever been used. I found one of the others still sealed, still looking for the 4th. I wasn't planning on using them on the two "online Switches" until after a Switch Pro came out. My plan then was to buy two pros and turn those online ones into offline ones. I may have to step that up though, and if I can't find my 4th dongle I will have to find a place to buy a 4th license. I could then just dump the nand on the online ones, then after setting of the emuNAND restore the NAND so they will never have touched CFW.