Hacking Discussion Attempting a petition for USA modding by changing EULA

Kafluke

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That is why this petition exists to change the END USER LICENCE AGREEMENT for Nintendo
Its 2019. Console hacking has been around for over 3 decades and there's a history of court sessions and indictments, prosecutions and law discussions and you think your online petition is gonna change things now? You're living in a dream world.
 

Lacius

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Well you got to start somewhere. If this petition gets big it could help in the grand scheme of things

--------------------- MERGED ---------------------------

Small victories lead the way to great victories
Nintendo has every legal right to do what they're doing, and many people (myself included) don't necessarily disagree with what they're doing. There are more important issues.

Its 2019. Console hacking has been around for over 3 decades and there's a history of court sessions and indictments, prosecutions and law discussions and you think your online petition is gonna change things now? You're living in a dream world.
I couldn't have said it better myself.
 
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Rasa39

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Does hardmodding actually result in bans? I know permanent soldering of the pins causes a manfunctioning joycon after updating their firmware, but does physically hardmodding alone cause bans?
(I put my on topic reply in the spoiler for you mobile folks...it's long)
Putting aside the fact this petition will get you nowhere and amount to nothing more than a bit of discussion and/or criticism here on the forum, if your desire is to be allowed to use cfw for the purpose of homebrew apps like ports of legit homebrew games and software that aides your use of the system, then yeah they could change the EULA if they wanted, but not to allow cfw.

Instead they would allow the aforementioned types of homebrew within ofw by providing users with a optional package installer that they can download, and tools for homebrew devs to package their games with a special homebrew license file. Of course any homebrew that brings up any licensing issues, like porting any kind of emulator, or breaking the rest of the EULA by providing for free via homebrew, a service that Nintendo are charging for (like say, save backups or classic games), would not be allowed and would get you banned.

So how much homebrew would that leave you with then? I mean, a bunch of homebrew devs can get together to make a game, and suddenly their now an indie studio, and their games get put on the official store. Now I admit I'm not huge on homebrew other than software I find useful, so maybe there are a ton of legit homebrew games out there, but you could just develop those games for a raspberry pi or some other hardware that you wouldn't have these kinds of issues with.

That gives very little incentive for Nintendo to even allow homebrew legit in the way I mention, let alone allowing full cfw to exist on their consoles, officially signing off that it's ok for custom everything to be used on their hardware, that people can cheat in their games and ruin online without being penalised because cfw. Now yeah you might say "oh but they can still ban cheaters though, not everyone uses cfw for that", well people also use cfw to play unsigned pirated games, which they also ban for. But "allowing cfw" just opens the flood gates and makes the type of shit some people get up to with cfw, even more of a nightmare for people sticking with ofw, and if you argue that they still should ban pirates and cheats or whatever, they why do you need them to sanction cfw, so you can play custom odyssey maps without worrying? Too bad cos they've got mario maker 2019 switch ver, that lets you build your own levels, so you gotta wait for that.

Putting all the legal stuff aside completely, it's silly to suggest this tbh, and I've just fancied having a ramble hence my response. I mean imagine being a parent, hearing about users on cfw that breaks the eula, being able to show your kid pornographic images in mario. That's pretty rough press. Now imagine being a parent, hearing about users on cfw that are able to show your kid pornographic images in mario, and they do this using cfw that Nintendo allows to run instead of their own ofw. Suddenly Nintendo is even more of a bad guy. But let's face it, no parent gives a rats ass about eula or policies, in either of those scenarios it's Nintendo's fault for exposing your kid to such imagery, the fact they give the ok to cfw that is the only reason such exposure was possible, just makes it that much more worse.

So all that headache, over one little thing, because they say cfw is cool, and some dumbass does some dumbass stuff with it, they get all that bad press and their stock takes a dive as it tarnishes their image every time something like this happens. It's not worth it for them, just because some netizens signed a petition but "promises" they won't do any bad stuff or abuse the new change.

Sometimes petitions work (when cleverly thought out and supported by millions of people/a few very influential ones), most times they don't, this is the latter.

Also certain clauses or phrases Nintendo have used in some of their EULA mean nothing and are used for no other reason than to scare regular users of their hardware into not being tempted by the dirty pirates of the interwebs, or those nasty r4 cards!

"After the Nintendo 3DS system is updated, any existing or future unauthorized technical modification of the hardware or software of your Nintendo 3DS system, or the use of an unauthorized device in connection with your system, may render the system permanently unplayable. Content deriving from the unauthorized modification of the hardware or software of your Nintendo 3DS system may be removed. Failure to accept the update may render games unplayable."

They not only put this message (most of it) on the retail packaging of the 3ds systems but even later in system updates, which again was there to scare because it did nothing, at least in my experience. But you wouldn't think to ask them to be nice and not put that wording in and not break your 3ds, would you? See, it sounds silly doesn't it.
 
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Zen_Hakuren

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Its 2019. Console hacking has been around for over 3 decades and there's a history of court sessions and indictments, prosecutions and law discussions and you think your online petition is gonna change things now? You're living in a dream world.
3 decades and no one has grouped together to say "We want modding" in a formal way directly to the company? Is there any other petition I did not see? Were any of these "court sessions" unprovoked? If not then this is the first step towards making Nintendo more modder friendly . If we never try to change things nothing will change. To give up without even trying is ridiculous . Oh and another thing about those "court sessions" you mentioned, from what i can tell they were brought about after the EULA had been breached. This petition is to change the EULA before a new modder/account breaches it. Seeing as the court cases lost or are still pending you should think about changing the EULA with the company and not the LAW with the government.
 

OrGoN3

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You can legally mod your Switch all you want, and that's what is important. You can't enforce limits, or lack thereof, on a privately owned and operated network.

I also wouldn't want big government meddling with private entities. It's their EULA for their services.
 
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Nintendo allowing CFW? It's like Nintendo allowing everyone to download the entire eShop for free. No matter what..a lot more people only care about pirating games than actually modify their save data and/or use modification in-game like with the Linkle project on BOTW. This is pointless. This will not go no where in the future. There's a simple way to not get banned. Backup a clean nand and stay offline. I can't believe the mods actually allowed this on the Exploits, Custom Firmwares & Soft mods discussion
 
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A better petition would be Nintendo providing a official mod api or dev mode. (both would be great.) having those would curb piracy interests low quite a bit.
 

H1B1Esquire

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So...you want Nintendo to make a Switch Classic?

I verily understand you want a change in the EULA......but why don't you petition a bounty for talent to write something that nullifies the EULA? As in, h4x from nanosecond 1.

I'm sure at least one option will be thought about.
 

optikalsaint

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There is absolutely zero financial incentive for them to even read this petition. Nintendo is a publicly traded company and like all publicly traded companies their job is to create profit for their share holders and there is no profit in doing something like this. If you feel so strongly about having access to homebrew, you can pick up a Raspberry Pi for anywhere between $10-$35USD. They're available today and created for this type of thing.
 
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HermitDash

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This is hilarious. You must be new here, it's like hey Nintendo or hey Sony, can you leave a backdoor open so we can pirate games or do whatever we want to the hardware we purchased off you? Yea yea, thanks!
 

Kafluke

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3 decades and no one has grouped together to say "We want modding" in a formal way directly to the company? Is there any other petition I did not see? Were any of these "court sessions" unprovoked? If not then this is the first step towards making Nintendo more modder friendly . If we never try to change things nothing will change. To give up without even trying is ridiculous . Oh and another thing about those "court sessions" you mentioned, from what i can tell they were brought about after the EULA had been breached. This petition is to change the EULA before a new modder/account breaches it. Seeing as the court cases lost or are still pending you should think about changing the EULA with the company and not the LAW with the government.
Good luck. I wont argue with stupid. We'll see how your "group" comes together to affect change.

Spoiler alert... it wont!
 

CraddaPoosta

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Having a platform for which the developers openly encourage development of homebrew and indie games or emulation, without restriction, has already been attempted.

All fourteen people who signed this petition so far, I trust, are thoroughly enjoying their Ouya consoles.

Oh, wait...
 

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