Hacking EU Users: Super Ban - GDPR Template

[antiNT]

could you please ban him, he is annoying

lmao wtf

 

[linuxares]

could you please ban him, he is annoying

You're free to ignore said user, neither of you have broken any rules of yet in this topic. Please keep it on Topic.

 

[hackotedelaplaqu]

Since when gbatemp has become a lawyer's board? ... How sad... Today hackers use the civil code more than python or Ida pro...

 

[linuxares]

and you are a moderator, so decide so

https://gbatemp.net/threads/eu-users-super-ban-gdpr-template.516250/page-5#post-8243167

@biggyd check PM please. I find this topic very intresting from a legal stand point since it involves a lot.

 

[Lumince]

Why is this crap on my feed? This kind of stuff gives me a brain hemorrhage.

This will not work and will most likely just make Nintendo more angry at you... Mac address and Serial numbers are basically owned by nintendo and can not link to you as a person. Unless you want them to burn it onto your skin and say that they own you? (bad joke, but this thread is nonsense)

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Oh great, and it gets to stay on my feed as well.

 

[ghjfdtg]

It might even be illegal for the to block the console since it violates the usage of it.

It isn't. It's a service provided by them and they are not obliged to provide it if not advertised on the packaging of the console.

 

[Tomy Sakazaki]

I would be actually amused if the "digital goods" case would be enough to make nintendo lift CDN bans on users. But I think the only thing it would do is making nintendo accept infinite requests to unlink the Nintendo Account from a banned console (it's said that in the Americas people get a "we can unlink only one time" policy from Nintendo when asking this).
About GPDR, while I'm curious on what data you can get from it (and I would recommend legit users asking the same thing just for fun) but also I doubt that the data erasure would lift any kind of ban.

 

[Shelly88]

If you have been "Superbanned" and you can not update your hardware device that you paid 'money' for.

You can update it with carts. You are only banned from their online Service. By using the online Service, you agreed to ther ToS. No way this will get you unbanned. Please stop giving People false hope. It is so obvious that this will never ever work. Thanks!

 

[Lumince]

It isn't. It's a service provided by them and they are not obliged to provide it if not advertised on the packaging of the console.

Exactly. People violated the TOS and they get what they deserve when they get banned. They dont have to supply a service to someone and can revoke said service if they feel necessary.

 

[g00s3y]

More complaining about stupid shit in this board? No way....

 

[biggyd]

People, just a reminder, a TOS is not always right, if you google on this topic, you find hundreds if not thousands of cases where the TOS did not matter anything. And this is what I (and maybe others) are trying to find out. There is nothing to lose. Do you disagree? Please stay out of the topic.

 

[brainpower160]

The main point here what you are missing and don't get is that GDPR protects privacy data that can be traced back to you as person. This measure is taken to prevent ID fraud. Although the Switch is your property, it is considered as an object that is not linked to you as person. Nintendo bans console/objects, not persons.

 

[pman152]

This does raise an issue, I was fucking around with SX OS a bit and barely even used my switch, yet I currently have 6 physical bought-new games and 3 pre-ordered, and I bought over 500 euro worth of games from the eShop, with my switch banned, I cant download them!!!

 

[Shelly88]

People, just a reminder, a TOS is not always right, if you google on this topic, you find hundreds if not thousands of cases where the TOS did not matter anything.

Sure, but in this case, you have to agree to the ToS to use the Service. If you don't agree, you cannot use it. If you are banned, you used it and accepted it. There is nothing to discuss here. The whole Topic is stupid. Really stupid.

 

[biggyd]

Sure, but in this case, you have to agree to the ToS to use the Service. If you don't agree, you cannot use it. If you are banned, you used it and accepted it. There is nothing to discuss here. The whole Topic is stupid. Really stupid.

In the EU there are different countries. In the topic I stated I have 1 friend who is doing this and seeing what they will answer.

Situation; He has SX OS, he rips his own carts to XCI and puts it on SD. That is it. Now he is banned.

Of course you can scream "ToS". But wait a minute. That friend bought his Nintendo Switch in The Netherlands. Where you pay an extra 'fee' called "Thuiskopieheffing", meaning a small fee that you can copy your own data (software, music, games, movies) to your own mediums (harddisks, SD's and such).

Meaning Nintendo has to allow this. He did not pirate. And every ToS cannot be the same for the Global market. The US, EU, Asian market are different. So all I am saying we need get all options on the table.

 

[c80]

Where you pay an extra 'fee' called "Thuiskopieheffing", meaning a small fee that you can copy your own data (software, music, games, movies) to your own mediums (harddisks, SD's and such).

Meaning Nintendo has to allow this.

Yes, Nintendo has to allow that he stores is music, movies etc on the SD card. He won't get banned for that.

This topic is about something completely different. By using SXOS he modified his system and he is only allowed to access the online service with an unmodified system.

edit: and you have to write SDs, not SD's. This is plural, not genitiv.

 

[MrKlon]

i fail to understand why this pissing contest has been allowed to go on this long. it doesn't even seem like a healthy debate anymore and has devolved into shots at peoples grammar.

 

[Shelly88]

He did not pirate.

He is not banned for piracy. He is banned for accessing the online Service with a modified (hacked) device

And every ToS cannot be the same for the Global market. The US, EU, Asian market are different.

I think none of these ToS allow using Nintendo's online service with modified switches. If that is wrong, show us in which sountry Nintendo's ToS allow using it with modified switches...

 

[kumikochan]

I've been saying for years now that Nintendo is doing a lot of shit that ain't allowed by European law but Nintendo doesn't care and always think they're above the law.

 

[biggyd]

He is not banned for piracy. He is banned for accessing the online Service with a modified (hacked) device

I think none of these ToS allow using Nintendo's online service with modified switches. If that is wrong, show us in which sountry Nintendo's ToS allow using it with modified switches...

Again, for the final time. A ToS does not matter. A company (read: any company) can put in their ToS whatever they want. That does not mean that a ToS is the 'law'.

I've been saying for years now that Nintendo is doing a lot of shit that ain't allowed by European law but Nintendo doesn't care and always think they're above the law.

Many big firms do this indeed. (Think of Google, Facebook and so on) So I know exactly what you mean.