Hacking EU Users: Super Ban - GDPR Template

[tyler004]

Wouldn't deleting those data also mean that they kill your entire account with all the games you bought? Or can you force them to only delete the data that is a responsible for a ban? I'm not banned but I really would like to know.

in tos says modifying can`t break ur console from updates/ software but not sure also not banned and not in the eu just wondering

 

[Localhorst86]

Wouldn't deleting those data also mean that they kill your entire account with all the games you bought? Or can you force them to only delete the data that is a responsible for a ban? I'm not banned but I really would like to know.

yes, it would. If you ask them to delete all information to identify you, they will have to delete your account and any history related to it (purchase history etc.). Now, they can't take back your already installed titles, but effectively you'll be forcing Nintendo to permanently disallow you future access to your purchased content.

OP pointed out it's a two step process: first ask only what information they retain. Then act accordingly.

 

[IngeniousDefault]

Well we could always argue that the information they got were illegal because we deactivated sending any data to Nintendo.

 

[Wierd_w]

Wouldn't deleting those data also mean that they kill your entire account with all the games you bought? Or can you force them to only delete the data that is a responsible for a ban? I'm not banned but I really would like to know.

Ideally, this would be used to wipe that data too. Say for instance, you want to sell your console, but nintendo has forced the issue that content is tied to a console ID. You do not want to sell your collection, just the console-- and or-- You want to sell the console, and do not want to become complicit in allowing a 3rd party access to material they did not make a contractual agreement to get access to.

This would be combined with Right to Repair legislation findings, which forces nintendo to acknowledge effective restoration of hardware to service or resale, even if THEY did not do the restoration.

EG, you bought a banned console, you restored the console to "factory" condition with a proper firmware image, (and thus removed 100% of the piracy related stuff from the unit), thus restoring it to function, and are now alerting nintendo to this fact. "Please delete all data on file about this console, it has been returned to proper service."

Ideally, they would delete *ALL DATA* on file about that console, and allow it to return to service.

 

[Localhorst86]

Well we could always argue that the information they got were illegal because we deactivated sending any data to Nintendo.

if you're arguing for telemtry data, yes. But if you're asking them to delete your personal information, they will have to delete your personal information, including your purchase history and account.

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Ideally, they would delete *ALL DATA* on file about that console, and allow it to return to service.

If bans are a blacklists of certificates: yes.
If bans are a whitelists of certificates: no.

 

[Foxi4]

Sour grapes. None of the data you are requesting is personally identifying and Nintendo is under no obligation to provide you with any service if you've broken the terms of service agreement, an agreement you agreed to and made legally binding yourself. You can still update your system just fine, you're only restricted from using online *services*, and rightfully so.

 

[kumikochan]

we'll see, there's no point arguing about it seeing that the friend op the OP hasn't gotten his reply yet. Curious to see what Nintendo will say but they will probably state something about that 30 day rule in their TOS even if the law says you can ask for that anytime. If I were the OP in Europe you have the consumer protection agency and it is completely free, I use it all the time to get cases sorted out. If they reply about that 30 day rule then I would start a case by that consumer protection agency and a lawyer will start the case for you. They're not suing them by doing so but Nintendo has 30 days to respond and then the lawyer will tell you their reply and tell you it is legal or illegal what they're doing in regards with that 30 day rule

 

[Wierd_w]

Sour grapes. None of the data you are requesting is personally identifying and Nintendo is under no obligation to provide you with any service if you've broken the terms of service agreement, an agreement you agreed to and made legally binding yourself. You can still update your system just fine, you're only restricted from using online *services*, and rightfully so.

If there is no data personally identifying you, how do they know that YOU entered the agreement?

Again, consider the circumstance where a person purchases a second hand console that has been banned.
Further consider the circumstances of right to repair, which already busted Microsoft across the chops concerning "warranty void" stickers.

 

[kumikochan]

Sour grapes. None of the data you are requesting is personally identifying and Nintendo is under no obligation to provide you with any service if you've broken the terms of service agreement, an agreement you agreed to and made legally binding yourself. You can still update your system just fine, you're only restricted from using online *services*, and rightfully so.

Actually no, with a ps3, xbox 360, ps4, xbox one even if banned you still have the means to download the update through their website and install if offline through an usb connection. Nintendo doesn't provide this

 

[linuxares]

Sour grapes. None of the data you are requesting is personally identifying and Nintendo is under no obligation to provide you with any service if you've broken the terms of service agreement, an agreement you agreed to and made legally binding yourself. You can still update your system just fine, you're only restricted from using online *services*, and rightfully so.

What counts as the online services. The eshop? the multiplayer parts? Because right now the laws against banning content (your eshop account) that you own is pretty weak for the companies.

 

[tyler004]

Sour grapes. None of the data you are requesting is personally identifying and Nintendo is under no obligation to provide you with any service if you've broken the terms of service agreement, an agreement you agreed to and made legally binding yourself. You can still update your system just fine, you're only restricted from using online *services*, and rightfully so.

lol nah they r restricting updates to ur console/ games to

 

[kumikochan]

If there is no data personally identifying you, how do they know that YOU entered the agreement?

Again, consider the circumstance where a person purchases a second hand console that has been banned.
Further consider the circumstances of right to repair, which already busted Microsoft across the chops concerning "warranty void" stickers.

True, I forgot about that that warranty stickers aren't legally binding. Thanks for reminding me about that

 

[Wierd_w]

True, I forgot about that that warranty stickers aren't legally binding. Thanks for reminding me about that

Indeed.

What nintendo has perfect rights to do is ban a console that has software on it that violates their terms of service. This includes pirated titles.

However, due to the intent of the FTC ruling, and proposed right to repair laws, *ANYBODY*, (NOT JUST the console makers!), can repair the console, and put it back into a functional condition, after which, it no longer is in violation of the terms of the online services, and so any such repaired console should be capable of undergoing a vetting process and being returned to service.

To accommodate this, nintendo needs to stop encrypting the eMMC so that 3rd party components can be sold, and a legitimate means of performing such a restoration needs to be available.

Nintendo does not want to do either.

 

[kumikochan]

Indeed.

What nintendo has perfect rights to do is ban a console that has software on it that violates their terms of service. This includes pirated titles.

However, due to the intent of the FTC ruling, and proposed right to repair laws, *ANYBODY*, (NOT JUST the console makers!), can repair the console, and put it back into a functional condition, after which, it no longer is in violation of the terms of the online services, and so any such repaired console should be capable of undergoing a vetting process and being returned to service.

To accommodate this, nintendo needs to stop encrypting the eMMC so that 3rd party components can be sold, and a legitimate means of performing such a restoration needs to be available.

Nintendo does not want to do either.

yeah, that could be true what you're saying

 

[LightOffPro]

I don't think that i have any personal info on my switch.
If i claim that i bought the switch second hand and that it doesn't update while superbanned, what happens?

 

[kumikochan]

I don't think that i have any personal info on my switch.
If i claim that i bought the switch second hand and that it doesn't update while superbanned, what happens?

Legally, you would have to sue the person you bought it from since that person didn't disclose it with you

 

[LightOffPro]

Legally, you would have to sue the person you bought it from since that person didn't disclose it with you

Interesting. Let's say that it was a shady dealer on the black market.
Is there anything regarding contacting Nintendo that one could do? Legally speaking?

 

[Wierd_w]

Interesting. Let's say that it was a shady dealer on the black market.
Is there anything regarding contacting Nintendo that one could do? Legally speaking?

If the proposed right to repair laws get adopted in major markets-- yes.

If not. No.

Needless to say, corporations like Nintendo, who have a decidedly anti-consumerist interest in being the exclusive endpoint of all things related to sales and service, are STRONGLY against such legislation, even though it is needed more than ever.

 

[kumikochan]

Interesting. Let's say that it was a shady dealer on the black market.
Is there anything regarding contacting Nintendo that one could do? Legally speaking?

I don't think so since Nintendo didn't sell you that console. If you had a receit showing it was you who bought the console at that time then the case would be different and you could claim it was sold to you by a shop but as long as you can't proof that then the quarrel is with the person who sold it to you

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If the proposed right to repair laws get adopted in major markets-- yes.

If not. No.

Needless to say, corporations like Nintendo, who have a decidedly anti-consumerist interest in being the exclusive endpoint of all things related to sales and service, are STRONGLY against such legislation, even though it is needed more than ever.

I agree with that. In a world were corporate becomes bigger and bigger and eventually world overlords legislation is needed more then ever regarding everything that links us as a consumer to corporations. In an ideal world where corporations would have all the power people would have to get basic education in law starting as much from the age of 10-12 otherwise corporate would trample all over you as a consumer.
An example would be this of one of my favourite shows of all time !
Best would be to click the title of the video since embed playback isn't allowed it seems

 

[Wierd_w]

I don't think so since Nintendo didn't sell you that console. If you had a receit showing it was you who bought the console at that time then the case would be different and you could claim it was sold to you by a shop but as long as you can't proof that then the quarrel is with the person who sold it to you

Indeed, however, right to repair legislation that is proposed says that consumers have the right to repair their devices, and that the OEM cannot suddenly decide to stop warranty or other services because of that, and that 3rd party components can be used in the repairs if they are functionally equivalent.

See also, how the whole "right to repair" bruhaha has started over OEMs using copyright to control access to necessary software to perform service on owned equipment. (See how this applies to nintendo restricting access to update software, and means to fix piratized nands)