Hacking Is Nintendo forcing us to pirate games or what?

daijobu

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You've answered your own question.
You can still buy physically, and they made it clear that if you hack your switch you would lose access to Nintendo's services.

By breaking Nintendo's TOS you can only blame yourself for the loss of eShop access, not Nintendo.

They're not forcing you to pirate, you would be choosing to.
Actually they are kinda forcing me to "hack" my Switch because I have otherwise no ways of backing up my saves. True, they are not technically forcing people to pirate the games since they can still buy cartridges, but banning the eshop certainly gives us digital lovers a lot of incentive to do so.
Still not saying that I will do that, especially now that it seems the eshop ban only applies to CDN exploiters.
 
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daijobu

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I'm pretty sure asking about their banning practices is something only a certain type of user would do.
LOL what happened to presumption of innocence? It would be truly messed up if they flag you based on this alone. You can't presume someone to be a hacker just because he was asking about banning practices...
 
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xabier

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The TOS supersedes anything Nintendo advertises. In fact, one could argue that it supersedes the law. You are not legally entitled to be able to have access to the Switch and be able to purchase the (online) games, and you have to agree to the TOS before you can do any of that. So, in short, the law only applies if you didn't break the TOS. If you didn't have to agree to the TOS until after the purchase of the game, then you would be 100% correct.
I hacked my switch when hb menú was made available. I have never been prompted to accept the TOS, now if I use Nintendo online services and stop using homebrew if I get banned I could claim that the reason for ban happened before accepting their TOS and not later.
 

subcon959

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LOL what happened to presumption of innocence? It would be truly messed up if they flag you based on this alone. You can't presume someone to be a hacker just because he was asking about banning practices...
It would be very messed up, and probably 99% of chat support people don't give a crap anyway. But we all know the type of person that would be in that 1% that started digging around.
 
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Lacius

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I hacked my switch when hb menú was made available. I have never been prompted to accept the TOS, now if I use Nintendo online services and stop using homebrew if I get banned I could claim that the reason for ban happened before accepting their TOS and not later.
You accepted the TOS as soon as you powered on your Switch for the first time and went through the initial setup.
 

magus7091

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LOL what happened to presumption of innocence? It would be truly messed up if they flag you based on this alone. You can't presume someone to be a hacker just because he was asking about banning practices...
It's not a legal proceeding, it's a service. As the provider of the service, Nintendo gets to dictate the conditions by which you can use the service they're providing: Hence "Terms of service"
 
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Deleted-442439

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Let's hope he's not a sneaky fucker and instead just flagged your IP/account.

As expected the response was that he could not find any information about it, but he believed the you could not purchase Eshop games if you get banned (captain obvious), and told me to contact Nintendo EU for the more legal stuff.

The good thing is that he would document my inquiry to the higher up support people to get more information on it so "they would have more information about it in the future".

Will try to contact Nintendo EU then.
 
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Deleted-442439

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I don't mean flag for a ban obviously, but if it was me and it was a slow day I'd be cross referencing ip with nnid and seeing if there were any peculiar details in the logs of the associated console cert.

I doubt they have the resources to cross reference stuff, I am certain it is all automatic. As for me I used a VPN and fake name, so should be fine.
 

zwq939681378

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Nintendo have told everyone what they shouldn't do, including any hacking. They provide all their users they think legal with their service. If you want to do something they forbids, they have every rights to ban your console. Just like that you can go to your friend's home to enjoy his or her treatment, but they can still kick you out if you creat trouble on purpose. If you don't want to follow their laws, you shouldn't buy their produce, because you have been a illegal user their think.
 
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Lacius

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From a business standpoint, it makes absolutely no sense to ban from eshop. Even if someone was a rabid pirate they are still a potential customer.
If you have someone accessing files on your servers through illegitimate ways, the first thing you'll want to do is block them. That's why the CDN downloaders are being banned from the eShop.
 

tech3475

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From a business standpoint, it makes absolutely no sense to ban from eshop. Even if someone was a rabid pirate they are still a potential customer.

They're likely doing this to:
1) Disincentivize any hacking
2) Prevent potential piracy since they can ban the certificate used to download content.

worth to say.
nintendo made an SWEET offer for those ppl with banned switches.:ph34r:
https://store.nintendo.co.jp/customize_dockless.html
they offer switches with only console + duo joycons

And potentially patched bootrom exploit.
 

CuriousTommy

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True, they are not technically forcing people to pirate the games since they can still buy cartridges, but banning the eshop certainly gives us digital lovers a lot of incentive to do so.

I still think it is wrong for someone to pirate games for a banned console if there is a physical equivalent of the game. Plus they can make backups of their physical games and use a backup loader.

However, I personally would not blame someone for pirating DLC if there console if banned from the eshop for just using homebrew (no online cheating, no piracy, etc).
 
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