Dr. Clipper said:
Skizzo said:
Just out of curiousity, where has Nintendo given anyone permission to access their servers through a PC?
Not sure of the legal ramifications on that one, but I believe that if they don't have a disclaimer saying not to and it is directly accessible via the Internet, then there is no issue.
Not to dwell on this, but since every time someone links to a wad or anything else "Nintendo", the "that's illegal" informers come out of the woodwork, I think it's only right that this be examined as well. Seems only fair, no?
So, having said that, I have to disagree with your assumption. Simply because you can access something does not mean you have been
given permission to do so, and in the U.S. many states have criminal laws prohibiting such access, even to unencrypted Wi-Fi networks without
explicit, not
implied, permission. Indeed, there have been several arrests for just that, i.e. knowingly using a store's Wi-Fi network (unsecured) intended for customers, from outside the store, without explicit permission to do so.
BTW, what is this so-called 'certs.sys' file that NUSD apparently needs and gets from somewhere (the NUSD notes say it comes directly from Nintendo, but i.i.com.com isn't exactly 'Nintendo') and why can't it be included with NUSD. Because, per the author of NUSD, it's Nintendo property, right? Were the first versions of NUSD which included this hardcoded into the program beaten down with the "that's illegal" stick too?
I think we need to flip your argument around and
unless there is a page I can go to, from Nintendo, that gives permission to download anything I want from their update servers, then doing so could possibly be considered illegal. I don't think they need to post 'no trespassing' or 'private property' signs in the virtual world, but I could be wrong.
I wonder what Nintendo would reply with if they were directly asked about all of this? I think I already know...