You accept it, you're binded to it. No its ands or buts.. People accept those things without reading them and then say "oh well it doesnt matter anyways!"
People might not be aware of the story below. Even if it does nothing to get people unban, we will definitely know more about what kind of information Nintendo is storing.
https://www.eurogamer.net/articles/...-over-usd10-000-in-two-years-on-ultimate-team
https://www.eurogamer.net/articles/...-over-usd10-000-in-two-years-on-ultimate-team
Which law do you think forces Nintendo to let modified consoles access ther online service?
ToS don't override law. Keeping you from redownloading your bought eShop games because you are banned is not legal.
D
Deleted-442439
Guest
Reading this thread is rather interesting, there seems to be a fair bit of misinformation going around.
What we can say for certain:
EU and local laws outweighs a TOS, it has no legal validity. If the TOS violated a law, Nintendo would be banned from offering a service in the jurisdiction of that law.
In the case of the EU there are a few factors to consider:
1. Digital goods, are owned by you regardless of it being a license. You need to be able to resell it, and thus banning you from obtaining the product is in violation of the law. CJEU is the highest legal court in the EU, so this fact can not be argued against. Thus banning from CDN if a consumer has purchased a game is illegal in the context of EU persons.
Now you might try to argue that the license is subject to Nintendos TOS, but again if the TOS breaks the law, it is rendered irrelevant, so that argument is invalid.
2. Use of personal data:
This depends heavily on how Nintendo actually processes the data, thus it is hard to lay out the facts.
What we can say however is: It is not only your client cert that gets banned, your account is also banned. In that case: Nintendo uses unique personally identifiable data to ban your account, owned and operated by you as a person. IF you have expressed that your usage data can not be collected by Nintendo they are violating that (as you have withdrawn your consent) when banning your account based on telemetry.
IF you have not withdrawn your consent in account settings, they do have the right to ban you based on this data. Now again, if the ban itself restricts other rights you have, the form of ban will be illegal, such as the case with CDN, but the banning itself is not.
What we can say for certain:
EU and local laws outweighs a TOS, it has no legal validity. If the TOS violated a law, Nintendo would be banned from offering a service in the jurisdiction of that law.
In the case of the EU there are a few factors to consider:
1. Digital goods, are owned by you regardless of it being a license. You need to be able to resell it, and thus banning you from obtaining the product is in violation of the law. CJEU is the highest legal court in the EU, so this fact can not be argued against. Thus banning from CDN if a consumer has purchased a game is illegal in the context of EU persons.
Now you might try to argue that the license is subject to Nintendos TOS, but again if the TOS breaks the law, it is rendered irrelevant, so that argument is invalid.
2. Use of personal data:
This depends heavily on how Nintendo actually processes the data, thus it is hard to lay out the facts.
What we can say however is: It is not only your client cert that gets banned, your account is also banned. In that case: Nintendo uses unique personally identifiable data to ban your account, owned and operated by you as a person. IF you have expressed that your usage data can not be collected by Nintendo they are violating that (as you have withdrawn your consent) when banning your account based on telemetry.
IF you have not withdrawn your consent in account settings, they do have the right to ban you based on this data. Now again, if the ban itself restricts other rights you have, the form of ban will be illegal, such as the case with CDN, but the banning itself is not.
Go on...
The guy who asked this to EA got two PDF of more that 100 pages of data.
It's not about that and not gonna argue about it on here. What they're doing with youtube videos and taking them down is against the law for instance, lot of European countries have a law that you can copy anything you purchased as long as it's for private use and not distributed online and they're are a couple of other things wich i'm not gonna argue about since i'm not in the mood for a shitstorm from people defending Nintendo shitty practices
Here's the point, though. When you bought the game (on the eshop), you didn't actually buy the game. You bought a limited license to play said game. That license can be revoked if you breach the contract (ToS).
Yeah by European law, you should be able to download all your digitally purchased games wich Nintendo is denying you
--------------------- MERGED ---------------------------
TOS is not the law as can be seen in this article where Nintendo also did a shitty practice and they got called out for it and had a limited time given by the European Union to change their stance on it or fines would be given ! I don't give a shit about their TOS and nobody else should. If a law states differently then that is how it is and not their shitty TOS
https://www.gamesindustry.biz/artic...icy-found-to-violate-european-consumer-rights
--------------------- MERGED ---------------------------
Also according to Nintendo's TOS it ain't allowed to sell accounts with games on seeing Nintendo has banned multiple accounts who did that but here the law is stating differently.
https://www.engadget.com/2012/07/03...o-resell-digital-games-software/?guccounter=1
Nintendo always places themselves above the law and they should be always called out for that instead people white knighting for them
Nintendo is a fucking shitty company placing themselves above the law more then any other company and people should really stop defending them on all the shit they do and call them out for all of that. Because of that you're giving away your soul as a consumer to corporate and basically giving them all the power in the world
Last edited by kumikochan,
I'd say this is pure bullshit. You own the licence, not the product (but you should be allowed to sell the licence). As it was you who said this, the burdon of prove is yours. Give us a link that shows that your theory is right.
You are mixing two different issues. One is the ownership of the game (license) the other is the use of their online service. Please show us which law forces Nintendo to give you acces with a modified console.
The argument would be invalid IF this was against the law. Until now, there is zero evidence that this is illegal.
Maybe yes, maybe not. It would be sufficient if they just store the account info and not the personal data. In dubio pro reo.
Telemetry is neccessary for technical reasons. If data is needed for technical reasons, they are allowed to get and store it without your consent. Read the GPRD
I mean??? You kinda risked getting that revoked the moment you installed cfw, your account is still their, they didnt ban that
They stopped your console from being able to connect to the server in general. Get a new switch and that access is back
That article is entirely unrelated to my statement, though (it might be valid in the whole context of this thread, though), it's about refunds for preorders.
https://en.wikipedia.org/wiki/Digital_goods
https://www.rockpapershotgun.com/2012/02/01/thought-do-we-own-our-steam-games/
is the aspect I am looking at, the matter is ultimately not clear, though.
Is it a dick move from Nintendo? - Yes
Is Nintendo in the right to do it? - Possibly.
What if I buy a physical copy of L.A Noire for example ? I need to access the e-shop to download it, I bought the game, even if I'm banned it's my right to play the game I bought.
Yeah I know it's irrelevant to what you said but yeah I meant in general Nintendo always breaking the law and getting called out for it by the European council. The latest thing I know Nintendo has been doing is blocking accounts and deleting them if that account has been sold to another user. I've seen multiple threads about it that people got their bought accounts deleted by Nintendo because it violates their TOS but as you can see by the link I gave you, it is perfectly legal in Europe to buy and sell digitally owned games by selling your account. https://www.engadget.com/2012/07/03...o-resell-digital-games-software/?guccounter=1
I know it doesn't have to do with what you said but I was trying to make a point that Nintendo does a lot of shitty stuff that isn't allowed by European law
I think it's unaceptable in the first place that a digital medium does not contain the game in a fully playable form, but that's a personal issue and probably not on topic.
But your question is a valid one in this context. I guess there is currently no court ruling on this, so it's hard to tell.
About modifying your system. It's actually legal here in Sweden. Why stores like shop01media are allowed to sell these kind of products. It's the same with a car, you are allowed to change colors of it, and it's still the same car. So it's also a intresting potential court case however Homebrew is a bannable offense or not. I don't think it is, but I'm not a lawyer nor found anything that provides against or for.
EDIT: Also you from America (possibily Canada as well?) the EULA affects you, not the same in Europe.
EDIT: Also you from America (possibily Canada as well?) the EULA affects you, not the same in Europe.
Actually in other articles and the law itself, you can. That article just doesn't state that. But it is perfectly legal in Europe to do so because steam was deleting bought accounts and the European union called them out for that hence why that article even became a thing. If it wasn't legal to do so then the European union wouldn't have called out steam for them deleting bought accounts. Nintendo deleting bought accounts is ILLEGAL by law
Last edited by kumikochan,
Similar threads
-
- Article
