Hacking EU Users: Super Ban - GDPR Template

[biggyd]

Heh, its funny the lengths people will go to in hopes of getting a banned system unbanned. I get it, it sucks, but we all know that hacking is risky and only has gotten riskier as technology has advanced and more and more games and feature utilize online in one way or another, it's a gamble we all should absolutely have known was there if we chose to hack our Switchs. I genuinely wish you luck with this, but in all honesty, I'm very certain you're just wasting your time here with any hopes of reversing a ban on the Switch no matter where you live.

Understandable reply, and makes sense.

What I wonder is if Nintendo is operating inside the law. There are people (anonymous people on a forum, very 'valid') that state that Nintendo is God and their ToS is the bible.

Ignore that, what we (are trying) to find out, if it is legal what Nintendo is doing, refusing access to content that you paid for. (blocking their online gaming possibility is not even important).

We all know that Facebook is doing shit that is not allowed and they are getting hammered by it. Google is getting billions in fines, Stackbucks for tax in Ireland and so many more cases. These are giants that just do as they please.

We need to (somehow) see what we can do and find out what is legal and what is not (per country).

Is this thread to get people unbanned? no, is it possible? yes. If you can ban you can unban, simple as a 1 and a 0. Will they do it? unlikely. But time will tell.

Information is knowledge.

 

[k-key]

It's only in Italy. This lawsuit was in the European Court. So it overwrites local EU laws if so. Also I see no judgement in it

http://www.iusinitinere.it/le-misure-tecniche-protezione-tpm-caso-nintendo-v-pc-box-7607 (it's in italian again, sorry)

TL;DR Milan court had suspended the judgment and asked for insights to EU about the law. The EU Court stated that the assessment should be carried out on a case-by-case basis by the national courts.

 

[c80]

If you can ban you can unban, simple as a 1 and a 0.

So you know how Nintendo bans? Please show us the source of your information. Otherwise you're a Dummschwätzer!

What if they just assign random certs to the switch and store them in a white list. If they delete the cert from the white list, you are banned and there is no way to unban. I'm not saying that it is done that way, I'm just saying that what you said makes no sense and shows that you don't have a clue about what you're saying

 

[snarkyerica]

-snip-

I don't think anyone has an issue with you bringing up that Nintendo has to comply to GDPR data deletion requests. Where people have an issue is that you gave people hope of an unban, even putting "Super Ban" in the title, which is misleading due to ignorance at best and attention-seeking at worst. GDPR deletion requests will NOT unban you. Serial numbers and certificates are not personally identifiable.

 

[TotalInsanity4]

Viva la Resistance!

No but seriously, I'm delighted that Europe has consumer protection laws like this and I really wish the US would follow suit eventually

 

[k-key]

A request for the GDPR will have the only result to know what personal data are stored and possibly their cancellation. Period.
If you have a banned console and you want it to be unbanned you will have to start a lawsuit proving that Nintendo has committed wrongdoings against you.

So if even a million people did what you ask to do in this thread, the only result would be one million deletions of some data like e-mail, dates of birth or gender. Full stop.

 

[biggyd]

A request for the GDPR will have the only result to know what personal data are stored and possibly their cancellation. Period.
If you have a banned console and you want it to be unbanned you will have to start a lawsuit proving that Nintendo has committed wrongdoings against you.

So if even a million people did what you ask to do in this thread, the only result would be one million deletions of some data like e-mail, dates of birth or gender. Full stop.

I am not asking anyone to do anything, it is an option to do so. And getting your information (Not deleting) is also interesting to see what Nintendo has on everyone.

Indeed some people here in the EU really have to sue them. Would be great. So that Nintendo does not just do whatever they please. If the courts agree with Nintendo, fine, so be it. But now they are just doing something.

I am already talking to some organizations that handle European freedom cases when it comes to digital rights. Seeing what the options are. Nintendo needs to get some resistance when it comes to this. As it is unacceptable that they are blocking an entire device from receiving updates, no matter the reason.

If Apple would do this with iPhone in Europe (jailbreaked ones) or Samsung with their Galaxy (rooted ones) phones, look at those headlines then. (excluding them from the Appstore & Play Store)

 

[c80]

As it is unacceptable that they are blocking an entire device from receiving updates, no matter the reason.

They don't block you from receiving updates. They block you from their online service

 

[snarkyerica]

If Apple would do this with iPhone in Europe (jailbreaked ones) or Samsung with their Galaxy (rooted ones) phones, look at those headlines then. (excluding them from the Appstore & Play Store)

Umm... this already happens. Google has an option for developers to disallow Play Store installation of applications if the device doesn't pass SafetyNet certification (which fails on rooted devices unless bypassed). Nevermind companies like Niantic disallowing usage of the application at all if the device is modified (with Pokémon GO). Also Samsung, Huawel, and most OEMs disallow OTA updates if the device is modified as well. This is already in place.

 

[Buurmanzz92]

Sony bans whole accounts with thousands of dollars of purchases on them. No one bats an eye. Nintendo bans a console only and they are viewed as being evil.

Yes they are all evil incarnate and we should boycot them in every way possible if we all rise against them they will have to give in ! or face the fact we could just let these assholes control us and tell us what to do.. i suggest anonymous bringing down their network till they give in that would be epic

 

[Shelly88]

Nevermind companies like Niantic disallowing usage of the application at all if the device is modified (with Pokémon GO).

Not only if it is modified. It's enough if you only rooted it.

 

[biggyd]

Umm... this already happens. Google has an option for developers to disallow Play Store installation of applications if the device doesn't pass SafetyNet certification (which fails on rooted devices unless bypassed). Nevermind companies like Niantic disallowing usage of the application at all if the device is modified (with Pokémon GO). Also Samsung, Huawel, and most OEMs disallow OTA updates if the device is modified as well. This is already in place.

This is different, I mean if Apple & Samsung would ban the devices serial. Trust me, they will get a massive amount of lawsuits of people that are not able to use their phone and 2nd hand phones that are bought are not usable.

And if you remove the root or jailbreak you are fine. with Nintendo they block your serial. your hardware. this is theft.

 

[c80]

if Apple & Samsung would ban the devices serial

Was there a lawsuit when Samsung decided to render all exploding Notes unfunctional?

 

[snarkyerica]

This is different, I mean if Apple & Samsung would ban the devices serial. Trust me, they will get a massive amount of lawsuits of people that are not able to use their phone and 2nd hand phones that are bought are not usable.

And if you remove the root or jailbreak you are fine. with Nintendo they block your serial. your hardware. this is theft.

Can you drop the rhetoric for a minute? This isn't theft. Not even close to theft. Your hardware is not disabled when it is banned. Online services are disabled. Online services are not your property. Licensed software is not your property. Once you've understood that licensed software and server access are not your property, then you'll realize why this is a pipe dream.

 

[biggyd]

Was there a lawsuit when Samsung decided to render all exploding Notes unfunctional?

Are you just trying to think of something to say with every post? They took all of them back and everyone got their money back, or was this information not important?

 

[kumikochan]

Can you drop the rhetoric for a minute? This isn't theft. Not even close to theft. Your hardware is not disabled when it is banned. Online services are disabled. Online services are not your property. Licensed software is not your property. Once you've understood that licensed software and server access are not your property, then you'll realize why this is a pipe dream.

Licensed software is your property when bought in Europe otherwise you couldn't sell it
https://www.engadget.com/2012/07/03/eu-court-rules-its-legal-to-resell-digital-games-software/

 

[ShadowOne333]

They don't block you from receiving updates. They block you from their online service

Not anymore.
That was done when the initial bans were being handed over.
Now they are going full-on ban mode.

Which means, you can't access eShop, nor online, and the worst is you can't download updates nor DLC anymore.
They locked EVERYTHING relating to a Nintendo connection on the system.

 

[c80]

Licensed software is your property when bought in Europe otherwise you couldn't sell it

Wrong. This would be true only if everything you can sell is property. Obviously you can sell things that are not property, like e.g. rights.

 

[biggyd]

Wrong. This would be true only if everything you can sell is property. Obviously you can sell things that are not property, like e.g. rights.

Wrong.

 

[snarkyerica]

Licensed software is your property when bought in Europe otherwise you couldn't sell it
https://www.engadget.com/2012/07/03/eu-court-rules-its-legal-to-resell-digital-games-software/

No, read carefully. The license is your property. Not the software itself. The license comes with conditions you must abide by if the license is to remain valid. Whenever you break the terms of that license, the licensor doesn't take it away per se, but the license ceases to exist due to it being breached by you. You can transfer your ownership of the license to someone else, but that license can still be voided.