Hacking EU Users: Super Ban - GDPR Template

Foxi4 · Aug 28, 2018

kumikochan said:
Then why can you make a copy of the game itself and sell that copy ? According to court ruling you can perfectly fine do that. Selling a copy is selling a copy and not selling a license

You are selling your license and *providing one copy of software* to the buyer, presumably the copy you were using. This decision enshrines the idea that damaged originals can be replaced with backup copies without affecting your statutory rights. It does not make you a distributor, you still have one copy which you can transfer.

c80 · Aug 28, 2018

kumikochan said:
Then why can you make a copy of the game itself and sell that copy ?

You may copy it because of the copy right laws. You may sell your licence because you bought it and the law says that you may sell your license

linuxares · Aug 28, 2018

Foxi4 said:
-snip-

Ah yes, I've read that before. I had to for work. It also is a stipulation that forced Nintendo and multiple other companies to add the "Opt-Out" option. Since with the GDPR we have the right for them NOT to collect data on us.

Right to be Forgotten
Also known as Data Erasure, the right to be forgotten entitles the data subject to have the data controller erase his/her personal data, cease further dissemination of the data, and potentially have third parties halt processing of the data. The conditions for erasure, as outlined in article 17, include the data no longer being relevant to original purposes for processing, or a data subjects withdrawing consent. It should also be noted that this right requires controllers to compare the subjects' rights to "the public interest in the availability of the data" when considering such requests.

The Right to Restrict Processing
Customers should be given the ability to “block” the processing of their personal data selectively or altogether.

Source: http://www.econtentmag.com/Articles...ata-Collection-How-To-Make-It-Work-124277.htm

https://ico.org.uk/for-organisation...dividual-rights/right-to-restrict-processing/
https://www.eugdpr.org/key-changes.html

So yes, I can still use my Switch and Nintendo aren't allowed to get anything personal about me. I'm generally interested in what those GDPR reports that people have requested includes.

kumikochan · Aug 28, 2018

Foxi4 said:
You are selling your license and *providing one copy of software* to the buyer, presumably the copy you were using. This decision enshrines the idea that damaged originals can be replaced with backup copies without affecting your statutory rights. It does not make you a distributor, you still have one copy which you can transfer.

Well i'm pretty sure that will get updated even more in the future and hopefully in better ways then it does now

Foxi4 · Aug 28, 2018

linuxares said:
Ah yes, I've read that before. I had to for work. It also is a stipulation that forced Nintendo and multiple other companies to add the "Opt-Out" option. Since with the GDPR we have the right for them NOT to collect data on us.

Right to be Forgotten
Also known as Data Erasure, the right to be forgotten entitles the data subject to have the data controller erase his/her personal data, cease further dissemination of the data, and potentially have third parties halt processing of the data. The conditions for erasure, as outlined in article 17, include the data no longer being relevant to original purposes for processing, or a data subjects withdrawing consent. It should also be noted that this right requires controllers to compare the subjects' rights to "the public interest in the availability of the data" when considering such requests.

Source: http://www.econtentmag.com/Articles...ata-Collection-How-To-Make-It-Work-124277.htm

https://ico.org.uk/for-organisation...dividual-rights/right-to-restrict-processing/
https://www.eugdpr.org/key-changes.html

So yes, I can still use my Switch and Nintendo aren't allowed to get anything personal about me. I'm generally interested in what those GDPR reports that people have requested includes.

Absolutely. You can opt-opt. The provision is specifically about services, not goods. Your right to use the Switch console, which you own, is unaffected.

linuxares · Aug 28, 2018

Foxi4 said:
Absolutely. You can opt-opt. The provision is specifically about services, not goods. Your right to use the Switch console, which you own, is unaffected.

Exactly! This is why I'm curious and waiting for the GDPR reports from people to come in. I will once they come in, go find more information because it would be very odd if they bind your account to said products.

c80 · Aug 28, 2018

linuxares said:
So yes, I can still use my Switch and Nintendo aren't allowed to get anything personal about me.

Imagine that: You are banned because you cracked your Switch. You ask Nintendo to delete your personal data. Then you sue Nintendo.
Nintendo would not have any evidence that the ban was legal. Sounds good for you, right? Actually it is not. The GDPR allowes Nintendo to store that data that can be used as evidence against you. You lose.

linuxares · Aug 28, 2018

Consent
The conditions for consent have been strengthened, and companies will no longer be able to use long illegible terms and conditions full of legalese, as the request for consent must be given in an intelligible and easily accessible form, with the purpose for data processing attached to that consent. Consent must be clear and distinguishable from other matters and provided in an intelligible and easily accessible form, using clear and plain language. It must be as easy to withdraw consent as it is to give it.

Source: https://www.eugdpr.org/key-changes.html

Huh, interesting, so the EULA and TOS must be written in none juridical language? I didn't know this.

Foxi4 · Aug 28, 2018

linuxares said:
Exactly! This is why I'm curious and waiting for the GDPR reports from people to come in. I will once they come in, go find more information because it would be very odd if they bind your account to said products.

That I'm definitely interested in as a DPO has an obligation to illustrate in plain format how the data is processed, which sheds light on how the system works internally. I see that as the only possible good consequence of the movement. Interesting subject.

c80 · Aug 28, 2018

linuxares said:
Huh, interesting, so the EULA and TOS must be written in none juridical language? I didn't know this.

They don't. What you posted is about GDPR and not about EULA and ToS. Only the consent part has to be as discribed. Please stop imagining things and then spread them here as facts.

Foxi4 · Aug 28, 2018

kumikochan said:
Well i'm pretty sure that will get updated even more in the future and hopefully in better ways then it does now

If it went even one step further than that, allowing you to create and sell more copies than outlined in your license (as it may be more then one, as is the case with Microsoft and Sony software which enables concurrent operation on more than one system), it would effectively make piracy legal.

linuxares · Aug 28, 2018

c80 said:
They don't. What you posted is about GDPR and not about EULA and ToS. Only the consent part has to be as discribed. Please stop imagining things and then spread them here as facts.

Are you just trying to grasp straws now? The GDPR is part of any EULA/TOS process. It's about data collection.

c80 · Aug 28, 2018

linuxares said:
Are you just trying to grasp straws now? The GDPR is part of any EULA/TOS process. It's about data collection.

Exactly! They are only PART OF the EULA / ToS

ShadowOne333 · Aug 28, 2018

One thing worth noting tho, is that not all of the bans have been done due to piracy, but by merely running Homebrew software and Nintendo getting some error logs out of the console due to it.
It'd be interesting how barely running homebrew can reflect directly into a superban in legal terms.

c80 · Aug 28, 2018

ShadowOne333 said:
It'd be interesting how barely running homebrew can reflect directly into a superban in legal terms.

You are only allowed to use their online service with an unmodified console. If you use homebrew, you modify your console. That means you lose your right to use the service

linuxares · Aug 28, 2018

c80 said:
Exactly! They are only PART OF the EULA / ToS

In fact not, they aren't allowed to be part of it apparently. That's kind of nice!

c80 · Aug 28, 2018

linuxares said:
In fact not, they aren't allowed to be part of it apparently. That's kind of nice!

Source?

linuxares · Aug 28, 2018

c80 said:
Source?

https://www.econsultancy.com/blog/6...t-practice-ux-for-obtaining-marketing-consent

c80 · Aug 28, 2018

linuxares said:
https://www.econsultancy.com/blog/6...t-practice-ux-for-obtaining-marketing-consent

From what I can see, that disproves what you said. GDPR stuff only has to be seperated from other Terms and Conditions. Look at the example: https://assets.econsultancy.com/images/0008/7514/dpn.jpg

linuxares · Aug 28, 2018

c80 said:
From what I can see, that disproves what you said. GDPR stuff only has to be seperated from other Terms and Conditions. Look at the example: https://assets.econsultancy.com/images/0008/7514/dpn.jpg

Yes, they must make a seperate document that isn't a Terms of Conditions, for example - https://store.steampowered.com/privacy_agreement/
Nintendo have also included one, so have Origin. The link you provided however looks like it's bundeled.

Unbundled: Consent requests must be separate from other terms and conditions. Consent should not be a precondition of signing up to a service unless necessary for that service.

Hacking EU Users: Super Ban - GDPR Template

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