Does Arm9loaderhax Circumvent Copyright Protections?

Discussion in '3DS - Flashcards & Custom Firmwares' started by Xenon Hacks, Jun 30, 2016.

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Does Arm9loaderhax Circumvent Copyright Protections?

Poll closed Jun 30, 2017.
  1. Yes

    30.8%
  2. No

    26.9%
  3. Technically

    26.9%
  4. Unsure

    15.4%
  1. Xenon Hacks
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    Xenon Hacks GBAtemp Guru

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    This will probably turn into some shit storm or endless debate but does it? Also would you agree or disagree that the purpose of arm9loaderhax is to explicitly circumvent copyright protections.
     


  2. VinsCool

    VinsCool Insecure

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    Honestly, I don't get your question.
     
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  3. proflayton123

    proflayton123 悲しみ

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    In a sense it does, although..
     
  4. Duo8

    Duo8 I don't like video games

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    Yes of course
     
  5. Xenon Hacks
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    Xenon Hacks GBAtemp Guru

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    Care to go deeper?
     
  6. zoogie

    zoogie simple pimp tool

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    Yes, it circumvents security. Namely the rsa signed firms that Nintendo intends to boot.
     
  7. Xenon Hacks
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    Xenon Hacks GBAtemp Guru

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    Would you agree that every CFW for the 3DS released publicly does this?
     
  8. zoogie

    zoogie simple pimp tool

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    If a cfw disables one or more security features that allows unsigned code to run. Yes. ("custom" firmware basically confirms this)
    I don't think that (© circumvention) necessarily equates to piracy, but it's certainly required for piracy.
     
    Last edited by zoogie, Jun 30, 2016
  9. chaoskagami

    chaoskagami Rawr

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    Technically, yes and no. That depends on whether you consider the software provided with the 3DS to be part of the console. If it's argued in court that the software on-console is inseparable from the console, then whatever I do with the hardware is my business. If not, then yes it is circumvention. Anyways, that's for a court to decide.

    Once you add a CFW to the mix, the answer is always yes - the signature check is undoubtedly copyright circumvention. Whether that's legal or not is left to the user and the laws of their own country.

    Running homebrew only is undoubtedly 100% legal in the US (the portable computing device exemption), whereas in other countries even that may not be legal.
     
  10. Xenon Hacks
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    Xenon Hacks GBAtemp Guru

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    Could one consider this the same as jailbreaking an iPhone, your unlocking it to do things unintended by the manufacturer but are not providing anything illegal with it no?
     
  11. zoogie

    zoogie simple pimp tool

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    An exception was made in the DMCA for jailbreaking phones. That doesn't exist for consoles.
     
  12. chaoskagami

    chaoskagami Rawr

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    I'd say it's the same thing as jailbreaking, honestly. https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act#Anti-circumvention_exemptions

    As long as you aren't pirating off the app store or eShop, there's no problem with it.

    — Posts automatically merged - Please don't double post! —

    Wrong. That was extended in 2015 to 'smartphones and portable all-purpose mobile computing devices'. You can thank the EFF for that one. Whether the 3DS classifies as such would be for debate, but I personally consider it one.
     
    Last edited by chaoskagami, Jun 30, 2016
  13. EmperorOfCanada

    EmperorOfCanada GBAtemp Maniac

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    I consider it the 3ds equivalent, certainly. I Dont know how a court might interpret it.
     
  14. Xenon Hacks
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    Xenon Hacks GBAtemp Guru

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    That's unfortunate
    I side with this more but the current laws say otherwise its to slippery
     
  15. proflayton123

    proflayton123 悲しみ

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    Interesting answers along the thread^_^
     
  16. Xenon Hacks
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    Xenon Hacks GBAtemp Guru

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    Well lets say a console has a NAND backup on the SD that contains Arm9loaderhax but is not installed to the console would you consider that to enabling piracy? I know im playing 20 questions with you guys but I legitimately want to know these things.
     
  17. chaoskagami

    chaoskagami Rawr

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    I'd say a NAND dump counts as a backup under law, so as long as only one is kept for archival only, it would be okay. Then again, we all keep more than one backup I'm sure.

    EmuNAND may be questionable in use depending on how Nintendo's license reads, because you're running a backup and the original.
     
  18. dubbz82

    dubbz82 GBAtemp Maniac

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    I'm voting no. My logic behind this, is although it's most certainly CAPABLE of loading up pirate content, it can also be used to load homebrew in cia format as well, in much the same manner as jailbreaking an iphone can allow unauthorized software as well as pirate content to be loaded onto an iphone/ipod/etc. Legally it's probably grey area in the US at least, and there's probably no solid answer on it at the moment.

    — Posts automatically merged - Please don't double post! —


    Do note though, that Nintendo's license has exactly zero to do with the law itself. They don't dictate what is/isn't legally allowable, but rather what's considered allowable within their terms of use (i.e. to maintain warranty, etc.)
     
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  19. Xenon Hacks
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    Xenon Hacks GBAtemp Guru

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    This is my thinking as well after sitting with the thought in my head but I cannot find any legal basis to support either side besides the digital millennium act. From what I get its legal but Nintendo could basically tell you to not do it because they own the console?
     
  20. zoogie

    zoogie simple pimp tool

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    No, you're still wrong:
    http://www.theverge.com/2015/10/27/...-smart-tvs-dmca-exemption-library-of-congress
     
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