Hacking EU Users: Super Ban - GDPR Template

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uhhhh, driving on the street would basically be downloading from the servers though in that situation?? Wouldnt it?
Not at all, I can still drive it no? Just not on the public street. Also I can get my license back, it won't be gone forever 99% of the time.


They can just pseudonymize your account details, essentially erasing your records but keeping the Switch banned.
GDPR isn't intended to exploit the banning of hardware which you has been used out of the accepted ToS.
According to Swedish law, a ToS can't be setup without a PROPER signing. Example BankID or handwriting. Else it's invalid.
So no, their ToS is not worth toss in Sweden.
 
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I didn't say that so don't twist my words please, thanks
You said that the opposite is wrong. You said exactly this, but in other words.

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According to Swedish law, a ToS can't be setup without a PROPER signing. Example BankID or handwriting. Else it's invalid.
So no, their ToS is not worth toss in Sweden.
Do you have any PROPERLY signed document where Nintendo tells you that they will let you use their online service?
Why do you think you have the right to use it in the first place?
 
Not at all, I can still drive it no? Just not on the public street. Also I can get my license back, it won't be gone forever 99% of the time.



According to Swedish law, a ToS can't be setup without a PROPER signing. Example BankID or handwriting. Else it's invalid.
So no, their ToS is not worth toss in Sweden.
Yes, you can still drive it, but on your property? It still drives, it still does its purpose?
Same with the switch, it still plays games that are already on it, still does its functions?
Online servers are a privilege in this sense. Same as driving on roads... I might be looking at this wrong though?
 
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Yes, what you said is still wrong.

Same thing with the switch. You can keep it and use it, exept on theri online service

No, it is not.
Please give me proper legal information to counter my arguments. I've linked proper information before, all with the boundaries of EU. What you hold up right now are US legality. In the EU you can't really wave your rights without agreeing to it with a signed contract.
Do you have any PROPERLY signed document where Nintendo tells you that they will let you use their online service?
Why do you think you have the right to use it in the first place?
Stop right there, this isn't the argument if the console is banned or not. It's about the account. It goes from a "service" to a "e-commerce" as soon they sell products. It's not the same thing.
 
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Here's the thing, this will do absolutely nothing. Why?
GDPR restricts the data collection of personal information.
The serial# of the console ist not personal info.
They can still collect data as long as no IPs are attached to the log e.g.
They can still save the serial# and tag is as banned.

Just a small correction. You can collect the IP Adresse, as long as you don't also save the date and time to it.
By Personal Information the GDPR mean information bundles which clearly identifies a person. (Sure, a e-mail address alone is enough, but a name for example not)

If its already corrected in another post, sorry. Didn't want to read 8 pages :P
 
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Yes, you can still drive it, but on your property? It still drives, it still does its purpose?
Same with the switch, it still plays games that are already on it, still does its functions?
Online servers are a privilege in this sense. Same as driving on roads... I might be looking at this wrong though?
You and I kind of say the samething but in different words I think. I don't think this will unban any consoles, nor am I really intrested in it, it would be intresting however. This really tickles my fansy discussions about this. But the big legality of banning your eshop account is legal under EU. Since it's a shop, and not a online service persay. It's the big difference. The online gaming part sure, they might have the rights there (not sure). But the shop is the big difference.
 
You and I kind of say the samething but in different words I think. I don't think this will unban any consoles, nor am I really intrested in it, it would be intresting however. This really tickles my fansy discussions about this. But the big legality of banning your eshop account is legal under EU. Since it's a shop, and not a online service persay. It's the big difference. The online gaming part sure, they might have the rights there (not sure). But the shop is the big difference.
Has there been any reports of accounts getting banned as well? I have seen people unlink nnids from banned accounts and then use them on other consoles.

With the what we are both saying the same thing in a sense, I might just not be seeing it as the same as my side. But I will re read it.
 
Not at all, I can still drive it no? Just not on the public street. Also I can get my license back, it won't be gone forever 99% of the time.



According to Swedish law, a ToS can't be setup without a PROPER signing. Example BankID or handwriting. Else it's invalid.
So no, their ToS is not worth toss in Sweden.
It's actually the same in the Netherlands and Belgium where you have the home copy law and so forth
 
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Has there been any reports of accounts getting banned as well? I have seen people unlink nnids from banned accounts and then use them on other consoles.

With the what we are both saying the same thing in a sense, I might just not be seeing it as the same as my side. But I will re read it.
They couldn't reach the eshop the devices atleast. Possibily their accounts still works. Never the less it would be intresting against Steam, Origin etc. as well. Since you buy the games, not rent them.
 
Please give me proper legal information to counter my arguments.
You made this statement so you have to prove it. Otherwise it is to be considered false.

I've linked proper information before, all with the boundaries of EU.
Maybe I missed it. Could you please give me the link again, where it says that in all the EU you can access an online service even if you are malicious to this service?

What you hold up right now are US legality.
I don't know anything about US laws. I'm German.

In the EU you can't really wave your rights without agreeing to it with a signed contract.
This is bullshit. I think this is not true for all the EU, but it may be true for your country. Do you need signed contracts for everything? E.g. for buying stuff in a store?

Stop right there, this isn't the argument if the console is banned or not. It's about the account.
Since when? But ok. Do you have something PROPERLY signed from Nintendo that says you have access to theri online services?

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It's actually the same in the Netherlands and Belgium where you have the home copy law and so forth
Do these home copy laws mention the use of online services with copied games?
 
You made this statement so you have to prove it. Otherwise it is to be considered false.


Maybe I missed it. Could you please give me the link again, where it says that in all the EU you can access an online service even if you are malicious to this service?


I don't know anything about US laws. I'm German.


This is bullshit. I think this is not true for all the EU, but it may be true for your country. Do you need signed contracts for everything? E.g. for buying stuff in a store?


Since when? But ok. Do you have something PROPERLY signed from Nintendo that says you have access to theri online services?
Can you please answer to this : "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."
 
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Can you please answer to this : "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."
Yes, but it is not your right to connect to the servers with a modded console.. Get a second switch for legit purchases? Nintendo will just say "theres nothing we can do sorry"
 
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Can you please answer to this : "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."
If you use an unmodified console, with an unbanned account, Nintendo has to give you access to their service. Nintendo does this.
 
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You made this statement so you have to prove it. Otherwise it is to be considered false.


Maybe I missed it. Could you please give me the link again, where it says that in all the EU you can access an online service even if you are malicious to this service?


I don't know anything about US laws. I'm German.


This is bullshit. I think this is not true for all the EU, but it may be true for your country. Do you need signed contracts for everything? E.g. for buying stuff in a store?


Since when? But ok. Do you have something PROPERLY signed from Nintendo that says you have access to theri online services?
1) Give it a rest, you don't have much on you?
2) The Oracle part, look back. It's about the shop, not the online gaming service.
3) Actually, it's quite funny. Stores aren't technically allowed to sell to minors. Since when your purchase with money, you and the store bind a legal agreement. Silent but an agreement that you exchange goods. This is how stores works. There are also laws giving me rights about said product I bought from the store, this is what the recipt prooves. That I actually own said product. I got said receipt from Nintendo as well.
4) When I buy the product, I buy it intent to use it for using it's services it provides. The eshop is one such e-commerce/service if you so like. The only part I think Nintendo can block you from is multiplayer gaming.
 
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If you use an unmodified console, with an unbanned account, Nintendo has to give you access to their service. Nintendo does this.
Modified or unmodified, it doesn't matter, it's my right to play the game I bought.
Yes, but it is not your right to connect to the servers with a modded console.. Get a second switch for legit purchases? Nintendo will just say "theres nothing we can do sorry"
That's the problem, "theres nothing we can do sorry" is not a valid answer.
 
Yeah by European law, you should be able to download all your digitally purchased games wich Nintendo is denying you
I don't think there is a law that says that Nintendo must let you use there online service, even if you use a cracked console. Please show us that law
 
I don't think there is a law that says that Nintendo must let you use there online service, even if you use a cracked console. Please show us that law
Look at the part '' you should''. I didn't state that claim as 100 percent fact, I said you should be able to.
 
Modified or unmodified, it doesn't matter, it's my right to play the game I bought.
That is correct. Nobody can sue you for playing the game you bought, because you have the right. But this topic is about something different. It's about being banned from their online service.
 
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Modified or unmodified, it doesn't matter, it's my right to play the game I bought.

That's the problem, "theres nothing we can do sorry" is not a valid answer.
I mean.... You had the right to play it when you had an unmodified console. Get the update from other means?
It is a valid answer. They cant lift it. Bans are permanent. No ifs ands or buts.
 
It's actually the same in the Netherlands and Belgium where you have the home copy law and so forth
the right to a private copy is common in the EU. Every EU country has this. It is a common misconception that it gives you a "free-for-all" pass, though.

Note the clause on Technological Protection Measures
It is important to note that even after the implementation of the private copying exception, consumers are not allowed to break copy protection technology (in legal jargon: Technological Protection Measures, or TPMs) in order to benefit from the exception

source: https://www.copyrightuser.org/understand/exceptions/private-copying/

If courts deem CSS for DVDs a valid TPM, I am fairly certain they would DRM on games even more so.
 

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