D
Honestly, I'm with that guy who doesn't care. Given that there's so many people in the homebrew community and the extent of stuff I would be doing (probably just MoFlex videos), I'll take my chances.
Ok, just be safe, you are fine as long as you stick by the NDA.
The Moflex converter is leaked. I think downloading that is a little bit safer. I mean, if you do that, yo don't have to sign the NDA.
This reminds me of the old (original) Xbox homebrew which could only be distributed unofficially because everyone used the (leaked) XDK.
edit:
I'm curious, is there anything in Wii U/3DS SDK which could actually trace back the person who made it? e.g. compiled binaries containing some kind of traceable ID, etc.
edit:
I'm curious, is there anything in Wii U/3DS SDK which could actually trace back the person who made it? e.g. compiled binaries containing some kind of traceable ID, etc.
Last edited by tech3475,
D
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True...
Absolutely not, the kind of things that NDA has in it makes me paranoid.Signing up with Nintendo can help you with all these things
Google it, I don't know what a moflux encoder is. I don't have a 3DS
I made a game on the EOF called "Plot Twist", post it there.
Thank you for letting me know. This is my thought process exactly.
will nintendo have power to put me to death. jk. i only got unity with it so my papa can compile open source games for 3ds
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?
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.
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.
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Thank goodness that I never signed the damn thing (am underage). Just for the record, if someone were to use leaks, are they under the NDA as well?
While the NDA certainly forbids you to reverse engineer anything provided through the developer portal, the NDA doesn't explicitly mention anything outside of the developer portal. (I may be wrong, since I'm no lawyer.)
While it'd certainly be better to play it safe, this all looks like the RE stuff refers to the SDK and anything you can get through the dev portal. Using knowledge from the dev portal to RE other stuff is also included. RE'ing other things without using knowledge from the dev portal isn't covered by this, but IIRC, by US law, this is still illegal anyway.
Again, I'm no lawyer, so I could be wrong.
I doubt it; they never signed it, and the leaker was the one to break the NDA. Even if it were against the law, [Which everything to do with 3DS hacking is, technically, with the DMCA and all that bullshit that needs to be revoked] Ninty wouldn't come after you for it.
Using the DMCA reverse-engineering law to go after someone tends to lead to bad publicity, in my knowledge.
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