Hacking Error Code 002-0102, Have I been banned?

StarPlatinum

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That article is over 3 years old and was based on a misinterpretation of the ToS Nintendo had for the 3DS at the time. Remotely bricking systems is a legal grey area in the USA and perhaps outright illegal in other countries. I doubt Nintendo would purposely do that. They just include that in their ToS, so that those who brick their 3DS using "unauthorized devices" (like for example when my dumbass bricked my 3DS trying to update sysnand with a Super Smash Bros. rom. :P ), they can't be sued for it. :P

There is no grey area, nowhere in the entire world....you can't break something that I bought because you don't like how I use it. I will say something about it, because someone else before stated it as it was a truth. Forgive my english isn't my first tongue.
There is no proof that what I'm doing is breaking any law until you and I go to trial with respective evidences and we let the judge do its work.
And even then you will not have the right to brick my 3ds. I may have to pay something, even go to jail for 10000000 years but my damned console will be functional while some black dude break my ass in jail.
Bricking a device would be a corporation acting as judge and esecutioner.
What will be next? Fake mp3 and movies on torrent that will overclock your pc so that it burns itself? Because that is illegal too right?
Its just mind boggling that there are people out there that think that is may be a possibility, seems to me that no one is anymore aware of his rights.
Maybe the cause are the ban from service like xbox live. The difference there is a service so they can stop it and you stop paying for it. Its fair, there is no damage. Why are they entiled to do so? Well before you buy the service (BEFORE) you agree to a TOS that include the explanation of what a ban is and when that can happen.
When you buy a console there is not TOS, you pay, you go home , and then a TOS show up on screen and its worth 0 (ZERO) since the contract was already made when you paid for it. And you can't put conditions on a contract when its done, its just impossibile, illegal everywhere in the world where the word "contract" have any means.
If one day this will change I will mass produce cellphones with a TOS stating that you can't use it for making phone calls or connect to the internet. How fun will be going home and find that out right?
 
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itsamario2015

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There is no grey area, nowhere in the entire world....you can't break something that I bought because you don't like how I use it. I will say something about it, because someone else before stated it as it was a truth. Forgive my english isn't my first tongue.
There is no proof that what I'm doing is breaking any law until you and I go to trial with respective evidences and we let the judge do its work.
And even then you will not have the right to brick my 3ds. I may have to pay something, even go to jail for 10000000 years but my damned console will be functional while some black dude break my ass in jail.
Bricking a device would be a corporation acting as judge and esecutioner.
What will be next? Fake mp3 and movies on torrent that will overclock your pc so that it burns itself? Because that is illegal too right?
Its just mind boggling that there are people out there that think that is may be a possibility, seems to me that no one is anymore aware of his rights.
Maybe the cause are the ban from service like xbox live. The difference there is a service so they can stop it and you stop paying for it. Its fair, there is no damage. Why are they entiled to do so? Well before you buy the service (BEFORE) you agree to a TOS that include the explanation of what a ban is and when that can happen.
When you buy a console there is not TOS, you pay, you go home , and then a TOS show up on screen and its worth 0 (ZERO) since the contract was already made when you paid for it. And you can't put conditions on a contract when its done, its just impossibile, illegal everywhere in the world where the word "contract" have any means.
If one day this will change I will mass produce cellphones with a TOS stating that you can't use it for making phone calls or connect to the internet. How fun will be going home and find that out right?


The person you are responding to is only stating that it is technically possible, not legally possible. You both agree on the same point.
 

StarPlatinum

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The person you are responding to is only stating that it is technically possible, not legally possible. You both agree on the same point.

You better read again his post and then my post.
He said that it is in the legal grey area in the USA while is not. Legal grey area means maybe possible maybe not. And its not. Its not grey, there is no doubt, its just illegal.
I also said that the response was an explanation not just for him but needed as someone else stated it as a truth, some page back.
 

itsamario2015

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You better read again his post and then my post.
He said that it is in the legal grey area in the USA while is not. Legal grey area means maybe possible maybe not. And its not. Its not grey, there is no doubt, its just illegal.
I also said that the response was an explanation not just for him but needed as someone else stated it as a truth, some page back.


It is in fact legally gray, as it has never been tested in the court of law. Until a legal precedent has been set you cannot state positively the legality of such an update. Since you are an Italian expert of the American legal system, maybe you can clarify exactly what law Nintendo would be violating? While we're at it, what would your opening statement sound like? "Your Honor, I have illegally stolen several games and used them online, against Nintendo's use of service, and they have blocked me. FINE THEM PLEASE!"

Furthermore there is precedent for other publisher's doing similar things, for instance if you get banned by Blizzard for Diablo 3 or Starcraft 2, you cannot play them anymore at all. Not just, "oh well I'll just play single player". No, you are done period.
 

alpha_noj

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I'm wondering if these are more cheat related bans, and someone with a public header was banned using cheats--thus banning anyone using those headers. Seems unlikely though, but I'm seeing mostly Pokemon related bans (again, not saying there is a correlation, just seems to pop up that way most of the time).
 
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gamesquest1

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It is in fact legally gray, as it has never been tested in the court of law. Until a legal precedent has been set you cannot state positively the legality of such an update. Since you are an Italian expert of the American legal system, maybe you can clarify exactly what law Nintendo would be violating? While we're at it, what would your opening statement sound like? "Your Honor, I have illegally stolen several games and used them online, against Nintendo's use of service, and they have blocked me. FINE THEM PLEASE!"

Furthermore there is precedent for other publisher's doing similar things, for instance if you get banned by Blizzard for Diablo 3 or Starcraft 2, you cannot play them anymore at all. Not just, "oh well I'll just play single player". No, you are done period.
well its a legal grey, but it would be a very dark side of the grey, technically terms change upon installing a update, pretty much all updates come with the "may cause your system to become inoperable".....i think the main point that would go against them is if the move could be proven to be intentionally designed to damage users property, its one thing to cause bricks due to a side effect of an update, but if it could be proven they purposefully and maliciously designed the update to brick the device that would be a different matter, as then it could be argued that the update was essentially a virus.....but ofc they would code any such attempt to look more like a side effect caused by the use of non licensed software rather than just write "if pirate = true, run brick"
 
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Deleted-355425

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I'm wondering if these are more cheat related bans, and someone with a public header was banned using cheats--thus banning anyone using those headers. Seems unlikely though, but I'm seeing mostly Pokemon related bans (again, not saying there is a correlation, just seems to pop up that way most of the time).

completely possible.
 

frenk99999

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It's not a grey area. I remember someone saying there was a court case back in NES days about the game geine codes and mr. N lost that case. We can run costume made codes, and they can't do anything other than ban our console from online or make it hard for us to run such code.

EDIT: In EUR, EULA means absolutly nothing.
 

Xzi

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You better read again his post and then my post.
He said that it is in the legal grey area in the USA while is not. Legal grey area means maybe possible maybe not. And its not. Its not grey, there is no doubt, its just illegal.
I also said that the response was an explanation not just for him but needed as someone else stated it as a truth, some page back.
You'd be pretty damn surprised what corporations can get away with legally. An army of lawyers can damn near redefine the laws for them. Your gaming console is the least of their concerns, though.
 

itsamario2015

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well its a legal grey, but it would be a very dark side of the grey, technically terms change upon installing a update, pretty much all updates come with the "may cause your system to become inoperable".....i think the main point that would go against them is if the move could be proven to be intentionally designed to damage users property, its one thing to cause bricks due to a side effect of an update, but if it could be proven they purposefully and maliciously designed the update to brick the device that would be a different matter, as then it could be argued that the update was essentially a virus.....but ofc they would code any such attempt to look more like a side effect caused by the use of non licensed software rather than just write "if pirate = true, run brick"

I think we can all agree the point is moot as Nintendo is unlikely to ever soft brick consoles.
 

gamesquest1

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I think we can all agree the point is moot as Nintendo is unlikely to ever soft brick consoles.
yeah....i know, i was just entertaining the idea, i doubt it would ever really happen, too in the "grey" for any sensible company to just go do it, FTDI is probably the closest we have seen to something like this, and it was a huge PR disaster and iirc they had to basically issue a fix for people who where effected (probably to avoid a lawsuit)
 

obs123194

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so... should everyone just avoid 9.5 emunand and say on 9.4 to go online with public headers or private headers are the way to go?

P.S. also damn it will gateway team come through before the 13th for N3DS XL support? im contemplating whether I should trade mine in or not for the $100 store credit.
 

Venseer

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so... should everyone just avoid 9.5 emunand and say on 9.4 to go online with public headers or private headers are the way to go?

P.S. also damn it will gateway team come through before the 13th for N3DS XL support? im contemplating whether I should trade mine in or not for the $100 store credit.
People who have reported this error were in various kinds of emunand. It's not related to firmware version..
 

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