Homebrew Be careful before/after you register for the Nintendo Developer Portal!

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Kingy

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Right, time to explain some things.
This will be added to the OP as well as this is starting to make me mad.
First of all, if you are talking about this, at least quote this or tag me. That is like talking behind my back.
Also, don't say I didn't warn you when you get sued by Nintendo. It is your fault.
And last, but not least, don't say I make it like I said 'You will 100% be sued lol.' Because I didn't. When did I say the chances of being caught?

Welp, see ya.
Hello! You may have registered for Ninty's Dev portal already, but I have got to tell you some things you must remember so you aren't in any legal issues.

Let's start off with some quotes:
Don't sign up unless you actually plan on releasing something on eShop. Otherwise it's worthless and you're just signing away your ability to contribute to homebrew documentation/REing (e.g. can't contribute to 3dbrew or ctrulib).
The most important thing is that if you're under NDA, you cannot contribute to homebrew or emulator development without putting those projects at risk of being shutdown.

You may not care about yourselves, but do you really want to risk killing projects like ctrulib, citra, luma, decrypt9 and others though contributing without understanding the legal dangers you put them in?

I quickly wrote this in a short pause while working. I wanted to make something more complete but I don't have enough time, take it as-is.
DISCLAIMER
The contents below do not create and are not meant to offer any legal advice but merely a legal minded expression of fact or opinion, meant for public consideration.


What does it mean to sign up as a Nintendo Developer

The things you should know, before and after applying

A non-disclosure agreement (NDA), is a legal contract through which the parties agree not to disclose information covered by the agreement. An NDA creates a confidential relationship between the parties to protect any type of confidential and proprietary information or trade secrets. As such, an NDA protects non-public business information.
What Nintendo makes you sign is an unilateral NDA:
only one party (the disclosing party, Nintendo) anticipates disclosing certain information to the other party (you or your oganization) and requires that the information be protected from further disclosure for some reason, when that information has been directly supplied by the disclosing party.

Can I still contribute to open source homebrew after signing?
Partially.
The NDA imposes no obligation upon towards confidential information that was in your possession before receipt from Nintendo (3dbrew, ctrulib, etc), or when written records establish that it was independently developed by you without a breach of the agreement. After signing the agreement, you accept to never reverse engineer any Nintendo hardware, software, or development kit, making it impossible to legally contribute to ctrulib or 3dbrew.

If I do nothing wrong, nothing can happen to my license, right?

Nintendo can suspend or terminate an account (thus terminating or suspending your license) to their own discretion. They may use cookies, complete logs of your browsing activity on the portal, IP addresses, http referer to prevent potentially illegal or offensive activities. Your license can be revoked for inactivity.
What happens if I don't respect the terms imposed by the agreement?
As the agreement states, "any breach of or default under this Agreement by you would cause irreparable harm to Nintendo, the extent of which would be difficult to ascertain".
Nintendo can then proceed in any way, "without the necessity of showing actual damages or posting a bond or other security".

What may Nintendo do if they identify illegal activity on my end?

The common legal practice is to send a cease and desist letter. If you fail to comply, further legal action will be pursued, with a temporary restraining order being filed right away. You can get away with it if the secret information is already in the public domain.
As the NDA itself states, Nintendo would go through an injunctive relief.

TL; DR: after signing, you must not

- leak any of the tools or documents
- contribute to open source projects like citra or ctrulib after signing (you are prohibited to reverse engineer any Nintendo material
- share an application developed with the official tools, not even with other registered developers, unless they are officially your partners on a registered application in the dev portal
- disclose any information present on the portal, like devkit prices, lotcheck requirements, answers in the dev forum
- sell any development hardware

Signing is discouraged unless you really intend to publish an application.
Signing with fake information is as bad as violating the agreement.


All of this is intended for business, not to play around.

Another thing to remember is that things like SDKs are often watermarked, making it easy for Nintendo to identify leakers.

People need to learn accountability and responsibility for their own actions. I have no doubt there are many who will blindly enter this binding legal agreement and break it out of ignorance and immaturity, then pay for their willing negligence. It is people who are oblivious to and who do not care about the rules and run headfirst into things that they selfishly think will benefit them that will get into trouble. I have no doubt that a lot of people will come a cropper because of this and if they do quite frankly it will be well deserved.

You cant go around signing up for things out of entitlement and doing whatever it is you feel like kiddos, you have to have some respect and foresight for the rules and the way the world works.

So, let's start off simple, please read the NDA! A lot of people are like "Eh, I don't care about your legal info, I'll just click I accept." But this is a really stupid move. It'll tell you what not to do, so you don't get C&D'd, sued, etc.

As much as I love the homebrew,
please don't use the SDK for homebrew creation!, as this is breaking the NDA.

And DO NOT ever leak the tools, this is stupid idea that could get you sued. This is also infringing against copyright.

(Thanks @VinLark) DO NOT share your creations. You can upload it to the eShop if you have a dev unit 3ds though.

(Thanks ultramario1998 at /r/3dshacks) You're also not allowed to talk about the contents of certain documents that may or may not be on the portal (eg dev kit prices, lotcheck requirements, &c)


If I forgot some stuff, please post them here.

Also,

Stay safe!
cya!
 
Last edited by Kingy,

osm70

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Hypothetical question:
I didn't use any of my real info. Not even email. And I signed up using TOR and 2 proxies. Can they really do anything to me?
 

Ev1l0rd

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Hypothetical question:
I didn't use any of my real info. Not even email. And I signed up using TOR and 2 proxies. Can they really do anything to me?
It will be difficult for Nintendo, but not impossible. But why even bother? If you don't fail the NDA (as in youre not leaking or publishing things youre not allowed to) then you shouldn't worry.
 
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Hypothetical question:
I didn't use any of my real info. Not even email. And I signed up using TOR and 2 proxies. Can they really do anything to me?
Well Nintendo can still get your IP no matter what. And putting down fake info just put you in more hot water because that is breaking the NDA and law its-self....

lmao
 
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Ev1l0rd

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This is pointless as pretty much everyone knows what not to do already. You'd have to be some kind of moron to think that you can freely distribute the sdk with it getting in trouble.
It's more that certain people seem to think that since everyone and their mum can now legally get the SDK, all future homebrew must be made with the SDK.
 
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This is pointless as pretty much everyone knows what not to do already. You'd have to be some kind of moron to think that you can freely distribute the sdk with it getting in trouble.
Eh, I beg to differ. People were out-right admitting stuff that broke the NDA and took screenshots (broke the NDA), talked about the tools (broke the NDA).
 
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