Hacking 3DS Bricking Rumor

[Rydian]

3DS Bricking Rumor
Discussion and dispelling of said rumor.

There have been many rumors going around that the 3DS could be bricked by using a flash cart or unauthorized third-party accessory.

Do you think Nintendo is targeting flash carts, or all sorts of accessories such as battery packs?
Do you think Nintendo will actually brick machines, or do you think it's fear-mongering?
Do you think Nintendo has a right to do it, or do you think they'll get sued?

This thread has been created to contain and dispel these rumors.[/p]

 

[Rydian]

I personally believe this rumor is false, for the following reasons.

1. Laws in the US/UK don't allow changes without consent.
   If you are found to be using a flash cart or third-party accessory, Nintendo has the right to stop you from using their online services, because that is a service. However they do not have the right to change the device without your permission, as it is a good. The law recognizes the clear difference between goods and services, and this is partially why Nintendo needs your confirmation before running any updates (either individually manually, or allowing it with the automatic update option).
   
   Yes there's warnings that updates will be automatic, but as another example the Wii also has the same warnings but doesn't do updates without your permission.
   http://www.nintendo.com/consumer/systems/w...ivacyPolicy.jsp
   

   We may without notifying you, download updates, patches, upgrades and similar software to your Wii Console and may disable unauthorized or illegal software placed on your Wii Console to ensure that your Wii Console is operating properly and efficiently, comply with applicable laws, assist law enforcement, protect us and our customers, or prevent the use and distribution of software obtained through improper channels.

   Yet they don't, you need to confirm the updates.
   
   While some may argue that the software on the device is still Nintendo's property that you're licensing (and thus they have the right to disable it), there's two counters.
   • The hardware will not function as advertised without the software, so if Nintendo did purposely cripple the software or brick the device they could get sued in a heartbeat. For an easy example, check out the lawsuits Sony came under for removing a major function of their PS3 system software. This can be found under US court documents 3:10-cv-01975-RS and 3:10-cv-01811-EMC, though later some of the suits merged. In the UK people could skip the suit and were able to request a partial refund for their machine once OtherOS was removed, thanks to UK's consumer protection laws.
     
   • If Nintendo has the right to do this because you're just licensing the OS of the machine, then Microsoft has the right to brick your computer if you install something they don't like. Obviously this is not true and would never fly in a court of law.
2. Other Nintendo systems also warn against third-party modifications, but don't break.
   Checking out Nintendo's manuals (the PDFs for recent systems are available on their site), you'll notice that the GBA SP, GBA Micro, Gamecube, DS, DS Lite, and DSi/XL all warn against unauthorized third-party modifications.
   Spoiler

   

   
   
   

   

   
   
   

   

   
   
   

   

   
   
   

   

   
   
   

   

   
   
   

   

   
   
   

   
   You'll also note that the warning gets more severe as time goes on, up to where the DSi/XL actually has three warnings on one page, and even says that if you mod it people could collect your personal information. This just SCREAMS "fear mongering", meaning Nintendo is just trying to scare you.
   
   Checking game manuals, we see that Minish Cap (an older GBA game) warns that third-party devices may damage the system.
   Kirby's Epic Yarn (a recent Wii game) flat-out tells you that if you have unauthorized stuff, an update may render your machine inoperable.
   Spoiler

   

   
   
   

   
   Again we can see it's just fear-mongering that gets stronger over time as Nintendo faces more pressure from developers and publishers to keep piracy off the system.
   
3. The 3DS has been out for a while no and no brickings have occurred, even though some of the most popular flash carts are being used on 3DS systems daily.
   Don't even need an explanation here.
   
4. "Third-party modifications" do not include just flash carts, and cannot be detected perfectly.
   When reading the warning everybody immediately thinks "flash carts for piracy", but what about fake/imitation game carts from ebay and such? Those also fail the header checks the 3/DS/i do, and would be picked up as a pirated cart as well, even though somebody may buy one from ebay thinking it's a legit used game. It happens all the time, especially with pokemon carts. If these warnings were true then your system could be bricked if you bought a game from ebay and it turned out to be a bootleg copy. That's not something Nintendo will risk.
   

   This being said, for the billionth time, take into account when you insert a game cart into the console and it does not make a proper connection, the console reads garbage incomplete data. In the account of a real game cart this can result in a blank cart icon to appear in the DSi screen, or no icon at all, and when attempted to run, it throws an error.
   
   If they were to really log everything at this level, and a cart were to be improperly read, such that the header data seemed to be garbage, the console would likely mark that as unauthorized, unlicensed hardware, and then, with whatever method of bricking they use, kill the console. And in that case would be killing a legitimate console because of a simple software media error?
   
   I think not. They couldn't risk the backlash that something like that would cause.

   In addition I've seen many people saying they're going to buy a third-party battery pack for the 3DS. Well, if these warnings mean what people think they mean, that would mean Nintendo has the right to brick your device for using one of those if the model you get isn't Nintendo-authorized...
   
5. Nintendo does not profit in any way by damaging your system.
   

   In addition to everything that's been said: Nintendo don't want you to stop using your console, they want you to stop using pirated software. If they completely shut down your device you wouldn't be able to buy any legit games anymore either and who would buy a 2nd console after the first one had been destroyed by Nintendo?

 

[haddad]

I hope this is a rumor and stays a rumor, cuz flashcards like AK2i and SCDS2 have already been tested out on 3DS and no news about bricking from them, am I correct?

 

[Wizerzak]

Good thread, i think all older comments should be merged here.

Do you think Nintendo is targeting flash carts, or all sorts of accessories such as battery packs? - Nope. Just flashcarts, maybe AR as well.
Do you think Nintendo will actually brick machines, or do you think it's fear-mongering? - Just a scare tactic, even if it does brick consoles, we'll find a way round it anyway.
Do you think Nintendo has a right to do it, or do you think they'll get sued? - So long as they say something like 'The 3DS couldn't cope with it and caused it to brake, not our fault' then yes, they can get away with it.

Oh and BTW, I like the pic.

 

[Slyakin]

Thank you Rydian for yet another useful and helpful topic! I really hate this rumor in particular for how STUPID it is.

 

[Another World]

there was a site that reported some japanese site had a screen shot of a bricked unit, i can't recall ever finding that screen shot.

i don't think it is in their best interest to brick a system. what if this is their plan to stop piracy and add a new service users can pay for? $100 unbricking service! lol.

the flash kit teams have their kits working on the 3ds and not one of these teams has reported a bricked 3ds. thats something to consider.

-another world

 

[Rydian]

there was a site that reported some japanese site had a screen shot of a bricked unit, i can't recall ever finding that screen shot.

I didn't even find that, I only found one site saying there was a brick, and it listed two sources... neither of which said there was a brick.

That kinda' irked me. I mean even when reporting on rumors site should do a little research into the plausibility.

 

[haddad]

there was a site that reported some japanese site had a screen shot of a bricked unit, i can't recall ever finding that screen shot.

I didn't even find that, I only found one site saying there was a brick, and it listed two sources... neither of which said there was a brick.

That kinda' irked me. I mean even when reporting on rumors site should do a little research into the plausibility.

Hope u guys are both correct

 

[dib]

http://gbatemp.net/t282559-nintendo-is-so-...h-charlie-sheen

This happens every time there's a new system, or a new update, or new anything. All the pirates start balling about how Nintendo, Sony, et al are going to take away their pirated games. Why dispel the rumors when it's so much more fun to fuel them? I heard the 3DS has GPS tracking so Nintendo can send guys to your door if you play games without paying. Big guys with pipes. I saw a screenshot on a Japanese site one time of a Japanese guy being assaulted by a guy with a pipe that proves it.

 

[Raika]

I have a feeling that this is just a scare tactic. >:

 

[akfgpuppet]

I think that it is fear mongering. I don't think that they can actually brick the consoles. (But that is prolly because they don't know how.)

 

[haddad]

I think we are going to get the answer to this thread after march 27th, when thousands of 3DS's are going to be sold

 

[ShadowSoldier]

According to this site, it's real, or it could just be the game, who knows.

(And no, I haven't looked around on the temp for a while, so for all I know, this is old news. I just saw the tweet)

http://www.3dsfocus.com/2011/03/r4-flash-c...o-3ds-will.html

 

[thedicemaster]

it's all just a misinterpreted warning.
nintendo won't bring out an update with the purpose of bricking devices on which homebrew/backups have been used.
but they may bring out an update that blocks modifications, which in some cases may result in an accidental brick.

 

[Nebz]

According to this site, it's real, or it could just be the game, who knows.

(And no, I haven't looked around on the temp for a while, so for all I know, this is old news. I just saw the tweet)

http://www.3dsfocus.com/2011/03/r4-flash-c...o-3ds-will.html

I love how in this one they specifically say "R4 Flashcart" even though there's no proof of that....

 

[Wizerzak]

According to this site, it's real, or it could just be the game, who knows.

(And no, I haven't looked around on the temp for a while, so for all I know, this is old news. I just saw the tweet)

http://www.3dsfocus.com/2011/03/r4-flash-c...o-3ds-will.html

I love how in this one they specifically say "R4 Flashcart" even though there's no proof of that....

r4s do work on 3ds though...

 

[epicCreations.or]

I heard the 3DS has GPS tracking so Nintendo can send guys to your door if you play games without paying. Big guys with pipes. I saw a screenshot on a Japanese site one time of a Japanese guy being assaulted by a guy with a pipe that proves it.

I was going to use my AceKard on my 3DS when I got it, but now I'm not so sure.

I should probably write up a legit sounding article that will stir up fear in the hearts of noobs everywhere, post it on 25 different social networks (as well as send it to all the 3DS blogging networks), and cite this post and yours as the sources.

 

[DaemonSkillz]

I'm quite confident that we will be fine with the first installed firmware at least.
Just dont update your 3ds firmware untill it has been tested with some of the most popular flash carts first.

 

[Yu-Gi-Oh 100]

Nobody knows anything yet, so the best way is to wait and see if some retard tests this theory for us and ruin their system first. Im pretty sure with flash card being able to work on the ds from just an update then there defently are people who are going to buy the system just to see if it actually works.

 

[MigueelDnd]

Although it is pretty unlikely for a company (let alone Nintendo) to do this, because they know pretty well the risks they could be messing with, it really looks like they've gotten more "serious" this time.
The TC/OP posted some pictures about past warnings, here's one of the 3DS' if there's someone who hasn't seen it yet (note that this one is from Asphalt 3d)

Spoiler