1. wvsgnovize

    wvsgnovize Advanced Member
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    Sure, no problem. Let's just agree to disagree, and everyone reading this thread can freely decide to believe you without any prove or simply remain skeptical.
    (By the way, I'm still interested in this case; does anyone else know if such a law exists? I genuinely would like to know and read it).
     
  2. kumikochan

    kumikochan GBAtemp Psycho!
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    Last thing i'm gonna say about that is that it generally falls under the law buying and reselling. By law it is legal to buy and resell. Having bought an account or selling an account by that law is not illegal and since you're not doing anything illegal you could use that in court.
    Since it is not illegal Nintendo shouldn't have the right to ban the entire console but only delete the account or the game in question on the account. Restricting online capability is not okay since the person who owns the console did not do anything illegal with it. Even Microsoft or Sony doesn't do that unless you pirate or go online with modified code wich causes harm security wise and can cause harm for other users and by that they do have the right to ban your console. So by law buying an account is not illegal since you're allowed to buy and resell by law and because of that they shouldn't have the right to restrict the entire console from connecting to the internet and using future apps like Netflix and so forth. When Sony bans your console you can still use Netflix and so forth but you did something illegal so that's where it is different then what Nintendo is doing. Valve did the same thing to a kid btw who tried to sell his account with over 1800 dollars worth of games on it and had the entire account banned but had to reinstate the account since by law it is not illegal to buy and resell and i rest my case
     
    Last edited: Apr 24, 2018
  3. wvsgnovize

    wvsgnovize Advanced Member
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    Well, using any of the online services requires you to agree to their TOS; therefore, if you violate their TOS, they have the right to ban you from their online service.
    I think you might have a case if there are multiple people sharing ownership device, since then other people would be punished for one persons actions. On the other hand, it may also be possible that the other people using the device could sue the person breaching Nintendo's TOS, getting the device banned and therefore reducing the devices value.

    Generally, contract law can be extremely complex and the precise wording of laws is important. That's why I am asking for someone to provide links to applicable laws that restrict Nintendo's right as a private business to refuse service to a specific person as a result of that person previously breaching Nintendo's TOS.

    I'm not trying to antagonize you, but I am just generally curious about this question. Hell, I'm not even certain at this point that the OP didn't actually do anything illegal, because he did purchase stolen goods and was likely aware of that fact due to the way his game was delivered.
     
  4. kumikochan

    kumikochan GBAtemp Psycho!
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    Well true that but you have to agree banning the whole console for a reason like that while you're not causing harm to the network or other users is a bit 2 much. Deleting the account would be much more acceptable. I just find it over the top that's all
     
  5. wvsgnovize

    wvsgnovize Advanced Member
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    Definitely agree with you there; I think a ban of the offending account(s) would have sufficed in this case. I'm just extremely curious if, by doing this, Nintendo has actually broken any laws. It's possible as well that they are within a grey area here...
     
  6. kumikochan

    kumikochan GBAtemp Psycho!
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    could be the only law that i can find is that it is legal to buy and resell. But yeah good that we agree on that part
     
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  7. GuardHouse

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    You are buying a key that was illegally obtained. It's fraud.

    "While the exact wording of fraud charges varies among state and federal laws. the essential elements needed to prove a fraud claim in general include: (1) a misrepresentation of a material fact; (2) by a person or entity who knows or believes it to be false; (3) to a person or entity who justifiably relies on the misrepresentation; and (4) actual injury or loss resulting from his or her reliance." - https://criminal.findlaw.com/criminal-charges/fraud.html

    He might not be doing it willingly but it's still illegal and they can't really verify if it was with malicious purpose so they're stopping it.
     
  8. D34DL1N3R

    D34DL1N3R Nephilim
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    Oh. I assumed you were in the US because you're using it's flag for your location.
     
  9. kumikochan

    kumikochan GBAtemp Psycho!
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    No you're buying a key wich the other person illegally obtained. Knowingly buying stolen stuff is illegal but if you don't then it is not by the law of buying and reselling. For fuckd sake that I need to keep repeating everything over and over again because people tend to be 2 lazy to even read everything that was said. And no they didn't stop it. Stopping it would mean deleting the account or game but they blocked the whole switch from the internet
     
    Last edited: Apr 25, 2018
  10. wvsgnovize

    wvsgnovize Advanced Member
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    He did not buy a key. He bought an entire account with the game already on it. That is different, as buying an account is in no way a method commonly used as a legal way to trade games.
     
  11. Bladexdsl

    Bladexdsl ZOMG my posts...it's over 9000!!!
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    6 pages and all he needs to know is HE IS FUCKED!
     
  12. kumikochan

    kumikochan GBAtemp Psycho!
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    I know he bought an account hence why I used both key and account in my reply to that guy. It is not illegal to do both. The only way it is illegal is if the seller prior to purchase tells you it is stolen and you knowingly bought it.
     
    Last edited: Apr 25, 2018
  13. wvsgnovize

    wvsgnovize Advanced Member
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    Again, no idea about the legislation in the US; in Germany, buying stolen goods is illegal if you knowingly buy them OR if you should have had reasonable doubt about they legality. For example, lets say I went to an electronic retailer and wanted to buy a TV, and the sales assistant told me I could buy it for half the price if I'd show up at 2AM at the shops backdoor. "Buying" it that way would be illegal for me, because I should have been suspicious about this transaction. The same would apply to buying a game indirectly via an account - if I did that in Germany and either the account or game was stolen / bought with a fake/stolen credit card, I could (in theory) be convicted of knowingly buying stolen goods (§259 StGB).
     
    Last edited: Apr 25, 2018
  14. kumikochan

    kumikochan GBAtemp Psycho!
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    You just repeated what i said plus i am from Belgium. Buying and reselling is not illegal only if you bought it knowing it was stolen.
     
  15. wvsgnovize

    wvsgnovize Advanced Member
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    You said this (highlighting by me):
    That is incorrect. He does not need to tell you this for the transaction to be illegal. It is enough for the seller to arise suspicion. Which the seller in the case of OP clearly did.
     
  16. kumikochan

    kumikochan GBAtemp Psycho!
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    Jezus christ this conversation you keep going on and on dickriding for a fucking company. Buying an account or key is not ILLEGAL !!!!!!! Even if you knew the key or account had stolen information there would be zero evidence to support that if you just said '' I didn't know''
     
  17. wvsgnovize

    wvsgnovize Advanced Member
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    Buying a key is not illegal.
    Buying an account is usually a violation of the services TOS, but in itself not illegal.
    Buying a stolen key on a normal market (ebay, flea market, G2A, ...) is not illegal.
    Buying an account for the sole purpose of installing a game on your console is not illegal.

    HOWEVER.

    If the game stored on said account was stolen, then you would most likely be guilty of buying stolen goods because the method of transporting said game to your console are highly suspicious. However, due to the low monetary value of a single game, the police would only get involved if Nintendo actively pressed charges against you (which they would not do because it's to much of a hassle). If they did and you'd tell the judge that you couldn't have known that the game was illegal, he'd call you a moron and convict you anyways.

    Anyways, this is going to be the last thing I post in the thread. Clearly, this entire discussion has become pointless.
     
  18. kumikochan

    kumikochan GBAtemp Psycho!
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    Nintendo has no right banning a whole console if you didn't do anything illegal. If you broke system security causing harm to the network and other users they do but in this instance a game delete or deleting the account was sufficient because he didn't do anything illegal and TOS is not the LAW. Now please stop with making me repeat everything over and over again because i'm getting seriously pissed with the company dick riding you're doing here. People that defend corporate bullshit well i don't like them and if you want to defend a company well then you're just plain stupid because they don't give a fuck about you just your money
     
  19. Just phone them up and ask whats going on.
     
  20. wvsgnovize

    wvsgnovize Advanced Member
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    Ok wow, sorry, but I just had to respond to that again. You cannot seriously tell me that your train of thought for this entire discussion was "Nintendo has done something you don't agree with, they are a big company and because an individual person is always right and a company is always wrong, reality will automatically bend itself to conform to your set of morals by magically spawning a previously non-existing law that just does whatever the fuck you want."

    This is just sad. Maybe think about reestablishing your relationship to reality.
     
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