Hacking 3.4 and recent updates

[djdynamite123]

Once again, false. The old agreement was the same thing just reworded. They ALWAYS have been able to auto-upgrade, and They have, I forgot when, someone mentioned it before. Anyways, they've always been able to and can on any firmware.

Interesting opinions, much different to "others" Either way, iv'e been on 3.2 and ill be sticking with 3.2, Nintendo cannot auto update me, I have wiiconnect24 on always, mind you i power off the wii soon as iv'e got fed up with it

The thing iv'e noticed "Everybody votes Channel" always gets updated now, never use to...
Finally a few more things added to N channel, C64 interview

(I'm sick to "Death" of the "Wii Fit" commercial interview bollox always playing in top right corner).
And...."No" they have never "auto updated anyone before." Where did you hear that? But they will for 3.4+ users, they'l probably spy

ha

 

[DarkLG]

i turned off the wiiconnect24 because i got tired of the blue light.

 

[Phratt]

Once again, false. The old agreement was the same thing just reworded. They ALWAYS have been able to auto-upgrade, and They have, I forgot when, someone mentioned it before. Anyways, they've always been able to and can on any firmware.

Interesting opinions, much different to "others" Either way, iv'e been on 3.2 and ill be sticking with 3.2, Nintendo cannot auto update me, I have wiiconnect24 on always, mind you i power off the wii soon as iv'e got fed up with it

The thing iv'e noticed "Everybody votes Channel" always gets updated now, never use to...
Finally a few more things added to N channel, C64 interview

(I'm sick to "Death" of the "Wii Fit" commercial interview bollox always playing in top right corner).
And...."No" they have never "auto updated anyone before." Where did you hear that? But they will for 3.4+ users, they'l probably spy

ha

I just remembered!

Before Opera came out, they updated it without asking.

 

[Deleted User]

You can't make homebrew, or use it without breaking laws close to or as sever as piracy.

You are mistaken.

No...he's not.
Fine ok, Homebrew may not be piracy. But it does break laws. Read the EULA (or ToS) that you so blindly accepted without reading. That's an agreement between 2 parties, in other words it's a contract and legally binds you.
The 'contract' states
"Your Wii Console and the Wii Network Service are not designed for use with unauthorized software, services, or devices or non-licensed accessories, and you may not use any of these with your Wii Console or the Wii Network Service. Such use may be illegal, voids any warranty, and is a breach of this agreement"
There you go. Homebrew is unauthorized software and therefore is illegal.
Did someone just open a can of whoop-ass?

 

[EmperorOfCanada]

Actually Nintendo is not authorized to write laws for all countries. I think Nintendo's warning indicated that .. in laymans terms.... Such use may be illegal.

 

[Phratt]

Actually Nintendo is not authorized to write laws for all countries. I think Nintendo's warning indicated that .. in laymans terms.... Such use may be illegal.

No, its a contract, sure it "may" be illegal, but it most likely is. If nintendo wanted to sue anyone with homebrew, they can, and they would win.

 

[EmperorOfCanada]

Actually Nintendo is not authorized to write laws for all countries. I think Nintendo's warning indicated that .. in laymans terms.... Such use may be illegal.

No, its a contract, sure it "may" be illegal, but it most likely is. If nintendo wanted to sue anyone with homebrew, they can, and they would win.

I dont want to fight about it, but I disagree, and I believe you to be wrong.

 

[Deleted User]

Actually Nintendo is not authorized to write laws for all countries. I think Nintendo's warning indicated that .. in laymans terms.... Such use may be illegal.

They're not writing laws, they're writing contracts. Contracts (atleast here in Australia) are legally binding.
For example, I give you a mobile on a 24 months contract that states "if you wish to cancel will have to pay the full amount of $xx". There is no law that says this, but there's laws which make contracts legally binding, therefore if you didn't pay the full amount and you canceled, you could be taken to court.
sorry for the legal rant....

 

[EmperorOfCanada]

Actually Nintendo is not authorized to write laws for all countries. I think Nintendo's warning indicated that .. in laymans terms.... Such use may be illegal.
They're not writing laws, their writing contracts. Contracts (atleast here in Australia) are legally binding.
For example, I give you a mobile on a 24 months contract that states "if you wish to cancel will have to pay the full amount of $xx". There is no law that says this, but there's laws which make contracts legally binding, therefore if you didn't pay the full amount and you canceled, you could be taken to court.
sorry for the legal rant....


I will let the court of public opinion here decide whether I am right or wrong. and I could be wrong. But at least here where I live there are often things put into contract that are not legally binding. I can sign a document stating I give you the right to murder me with no legal consequenses. That is an extreme example, but there are others less extreme. When I was hired by my company they made me sign some things that were contradictory to employee standards laws. Therefore they are not legally binding. Period.

This may not hold true for all countries, but I would wager a guess that in most, if the law states one thing and nintendo states another. Your countries laws wins.

Posts merged

QUOTE(EmperorOfCanada @ Nov 23 2008, 09:00 AM)

Actually Nintendo is not authorized to write laws for all countries. I think Nintendo's warning indicated that .. in laymans terms.... Such use may be illegal.

They're not writing laws, they're writing contracts. Contracts (atleast here in Australia) are legally binding.
For example, I give you a mobile on a 24 months contract that states "if you wish to cancel will have to pay the full amount of $xx". There is no law that says this, but there's laws which make contracts legally binding, therefore if you didn't pay the full amount and you canceled, you could be taken to court.
sorry for the legal rant....

In your example you are legally responsible, but you have not done anything Illegal. there is a difference.

 

[Deleted User]

Yes your example is correct, but as long as a contract doesn't break any laws of making a contract or any laws which are in place , then it is legally binding and you can be held liable. Legally responsible is good enough to Nintendo. they can take you to court(although they probably wont).
I think that's enough, it doesn't matter who wins but the facts are out.
Unless a lawyer comes in then were both just going to sit here and argue.

 

[EmperorOfCanada]

Noone said they couldnt sue you or something. I said it wasnt illegal.

 

[Phratt]

Noone said they couldnt sue you or something. I said it wasnt illegal.

Well usually when some loses a lawsuit, its because they broke the law.

 

[marcan]

That's an agreement between 2 parties, in other words it's a contract and legally binds you.
Not really. It's a ToS. It gives them the legal excuse to terminate your network service if you violate its terms. It does not in any way guarantee that violating it is illegal. Violating a ToS is violating a ToS. It's not violating the law. If the ToS required that you give up your firstborn child it wouldn't mean not doing so would be illegal.

A ToS is a "law" only within their network. In the real world, judges get to decide what really violates and doesn't violate the laws of a country.

Besides, you can just not accept the ToS and not take your Wii online. Homebrew itself isn't illegal, even if the ToS were a law, because no one is required to accept it to use homebrew.

If you guys actually bothered to read the ToS, you'd find that they explain what might happen if you use homebrew:

Your Wii Console and the Wii Network Service are not designed for use with unauthorized software, services, or devices or non-licensed accessories, and you may not use any of these with your Wii Console or the Wii Network Service [note: the Wii Console part is bullshit, unenforceable, and has no legal validity. The Wii Network Service part does]. Such use may be illegal, voids any warranty, and is a breach of this agreement. Such use may also lead to injury to you or others or cause performance issues or damage to your Wii Console or the Wii Network Service. We (and our licensees and distributors) are not responsible for damage or loss caused by unauthorized software, services or devices or non-licensed accessories. We may take steps to disable or delete any unauthorized software, services or device installed in your Wii Console, for example, by detecting and disabling them through the Wii Network Service and/or game software. If we detect unauthorized software, services, or devices, your access to the Wii Network Service may be disabled and/or the Wii Console or games may be unplayable.
Emphasis and notes mine. Some of this is bullshit, such as the claim that they have the legal right to determine what you run and don't run on your Wii (they DO have the legal right to determine whether you have the right to network service if you do). Chances are that "disabling" the Wii itself or making normal, legal games unplayable deliberately would actually be illegal on their part (that is, they will most likely get sued - and lose - if they deliberately fuck up people's Wiis when they find homebrew software on them).

In other words, the actual valid parts of that are that they can prevent you from doing illegal stuff (piracy), and they can shut down your network access (WC24/WFC/whatever) if you're using any kind of unauthorized software (homebrew).

You guys also need to understand that a rather large amount of these EULAs and ToSes are invalid and would be struck down by a judge. Nintendo can put whatever they want on there, but the courts get to decide whether it's valid or not, when shit hits the fan. Hell, they even tell you that:

QUOTE

You agree that if any part of this agreement is determined to be invalid or unenforceable, that part will no longer apply and will be considered deleted from the agreement, but all other parts of the agreement will remain in effect.

i.e. "We agree that if any part of this agreement is determined to be invalid or unenforceable, that we'll just have to STFU on that because we don't get to write the law". Not like they had a choice though.

 

[djdynamite123]

Would be "interesting" if they actually did anything like below, wonder what the feedback would be like and criticism, complaints etc..(people would try and get out of it) doubt nothing below would happen.

Your Wii Console and the Wii Network Service are not designed for use with unauthorized software, services, or devices or non-licensed accessories, and you may not use any of these with your Wii Console or the Wii Network Service [note: the Wii Console part is bullshit, unenforceable, and has no legal validity. The Wii Network Service part does]. Such use may be illegal, voids any warranty, and is a breach of this agreement. Such use may also lead to injury to you or others or cause performance issues or damage to your Wii Console or the Wii Network Service. We (and our licensees and distributors) are not responsible for damage or loss caused by unauthorized software, services or devices or non-licensed accessories. We may take steps to disable or delete any unauthorized software, services or device installed in your Wii Console, for example, by detecting and disabling them through the Wii Network Service and/or game software. If we detect unauthorized software, services, or devices, your access to the Wii Network Service may be disabled and/or the Wii Console or games may be unplayable.

 

[SWORD21]

Would using texture hacks be illegal?

 

[EmperorOfCanada]

Wow I am almost honored. I kinda-sorta got defended by marcan. go me!