TOS never supersedes the law. Just like not a single thing in a 20 page apartment rental lease that you signed supersedes the law. Law is law and will always overrule a TOS. Regardless of what you signed or agreed to. Period.
TOS never supersedes the law. Just like not a single thing in a 20 page apartment rental lease that you signed supersedes the law. Law is law and will always overrule a TOS. Regardless of what you signed or agreed to. Period.
Apartment rental agreements can absolutely supersede certain laws. It's a contract. If the law says I can't be evicted if I'm habitually paying rent on time, but I broke a lease agreement about not having pets, then I can still be legally evicted.
You have to agree to the TOS to use the eShop. You don't have an unrestricted right to have access to the eShop. It doesn't matter that you bought games on it. You only have legal protections regarding those games as long as you didn't break the initial TOS you agreed to.
You might have had certain information settings turned off, for example. Not everyone was so lucky.
The title of this thread just reminded me of that thread title "they don't like us". I'm starting to see why they don't like us. 
https://gbatemp.net/threads/people-dont-like-us.504940/
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https://gbatemp.net/threads/people-dont-like-us.504940/
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Like hell am I going to allow Nintendo to snoop on me, when I have the option to turn it off!
I don't know where you're from, but in Canada, the basic premise for any contract to be valid, is that they must not contravene to any existing municipal, provincial, or federal laws. I assume it's the same in the US.
The example you used is logically flawed. There is no law that says you cannot be evicted for having pets. So the rental agreements is not contravening any laws. But if the TOS says your right to play games you purchased may be revoked if you hacked your switch, but your country's law protect consumer rights in this circumstance, the latter will trump the former.
Last edited by daijobu,
I'll say the same thing I said elsewhere. If you're gonna hack.. Hack, or don't.
But put on some damn Big boy pants, and do what you're going to do, but take some damn responsibility about it. Stop acting like people are forcing you to.
Stop looking to make yourself a victim. No one is making you do a damn thing. You hack and get banned.. Take some damn responsibility and accept it.
Or don't hack it. Either way... Stop acting like a baby.
But put on some damn Big boy pants, and do what you're going to do, but take some damn responsibility about it. Stop acting like people are forcing you to.
Stop looking to make yourself a victim. No one is making you do a damn thing. You hack and get banned.. Take some damn responsibility and accept it.
Or don't hack it. Either way... Stop acting like a baby.
You seem to misunderstand what I mean when I say a company's TOS can supercede the law. I don't mean that it gives the company license to break the law. I mean that the law takes the TOS into account, superseding what the law would be if there were no TOS. If you have no legal right to use the eShop unless you agree to the TOS, then you have limited legal rights regarding the eShop if you break the TOS.
If you have no legal right to rent a particular apartment if you don't agree to the TOS, then you have limited legal rights regarding that apartment if you break the TOS.
Last edited by Lacius,
This is a simplified view of how I see it.. Nintendo lawyers are aware of piracy and roughly how small it is. They are scared of paying customers experiencing cheaters online and cancelling their service. They see homebrew as the way to cheat. Therefore that is what they want to crack down on. Any pirates caught up along the way is a bonus.
This is going to be different than in the past precisely because they are launching paid online.
This is going to be different than in the past precisely because they are launching paid online.
take responsibility and accept getting banned for backing up my saves because there is no other way? How about no thanks?
The responsibility part, sure, I get it. You choose to hack it, so you take the responsibility. I have no problem with that. I will take responsibility for hacking my Switch because it's my own decision. But I will not accept the outcome of getting banned for doing something necessary that Nintendo forbids us from doing.
Last edited by daijobu,
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Deleted-442439
Guest
There are several CDN downloaders for PC that is why people have been banned. They require your consoles cert to work.
Remember the one from a week or so ago where the guy who wrote it kept saying it's "100% safe... no wait 99% safe.. oh wait 50% safe.."
D
Deleted-442439
Guest
It never was the implementation was horrific, Scires ripped it apart luckily, but some users are to lazy to wait :/
The ToS is a silly paper. It got no weight in the EU. Btw @jjbredesen you need to contact Nintendo DE that is "Nintendo EU".
Only two people have been banned. Others who are using cdn like me are still fine. This is just propaganda and that article is very deceiving. The cdn tool was leaked, and Scries doesnt like piracy so he is pushing this agenda as well.
CDN = content distribution network.
A few years back large data using sites noted their web services were slowing so they booted all the big images, videos, audio and such to other servers geared for straight downloads rather than paying for the fatter pipes and storage and what have you. Games being bulk data are also suited to this.
In this case it was noted that the 3ds could still download content from said CDN and then activate it/run it afterwards with a hacked 3ds. It gets a tiny bit more complicated but in essence it means Nintendo basically ran their own ROM site, one of the best in the world (complete, fast updates, fast downloads, great uptime, no ads, no nonsense) that responded to/ran from their own devices.
They were not the first -- the xbox 360 xbox live arcade (XBLA) would download demos that were actually the full game and could be converted by homebrew boxes by changing a couple of bytes, though in the case of the 360 you would need a legit one to first download the thing (and then transfer it to USB or something). There were also types of DLC that was made into PIRS DLC for some game of the year discs and things like that which could be installed by anybody, even on a stock system. The PC had seen things like it for years as well, at one point in time the demo exe file would often be less protected than the final release so install game, swap exe, then essentially have nocd crack from the devs themselves.
Apparently they upped their game a bit for the switch and some of the things that worked on the 3ds will not apply here that is a different discussion. A slightly older but still accurate enough analysis can be found https://www.reddit.com/r/SwitchHacks/comments/759myu/the_eshop_and_cdn_explained_switch_edition/
TOS presented after the point of sale have no weight in the EU according to various court rulings, and there was another quirk where no returns being given effectively forced the same result. Terms presented at point of download/at point of sale/sign in/sign up is a different matter entirely. There may still be terms that run counter to various rights that a court would shoot down but that is a different matter again, and I am not sure of anything that would say they have to allow modded devices on that.
Not your quote but saw it before. The 2 years or whatever thing refers more to online services being shuttered for avoidable reasons during that period. Nobody is obliged to allow you access to a private luxury service regardless of actions taken on the part of the user.
If you bought a game in eshop in EU, then hack, then banned, they cannot ban you even if you violated TOS, eu laws forbids it, as they are pretty much obligated to offer you to download that game for 2 years that you aleardy payed, or offer you a workaround to download that game from other point, no matter the TOS, and in eu you do not accept a TOS, a TOS en eu is more of a suggestion than a law binding thing
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NinStar
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a_username_that_isnt_cool
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Xdqwerty
what are you looking at? -
BakerMan
I rather enjoy a life of taking it easy. I haven't reached that life yet though. -
The Real Jdbye
*is birb*
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(this is going to be horribly misinterpreted as me wanting to fuck DK or smth, isn't it?)+1
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@SylverReZ, although im not the main demographic and i heard is quite a lot more obscene and nsfw compared to other adult shows
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BakerMan:
btw i feel this a good time to remind you guys that sea of thieves was made by rare, who also made DKC1-3 and DK64, alongside banjo kazooie and conker's bad fur day
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