Hacking EU Users: Super Ban - GDPR Template

[linuxares]

Oh I found something intresting in the EULA for Nintendo Network ID for the European.

• Using cheats, automation software (bots), hacks, mods or any other unauthorised software designed to modify Nintendo Network or any part of it;

I've read it through now twice. They actually don't forbid homebrew, since it doesn't modify the Nintendo Network. Interesting indeed, this is for the NNID.

• Using cheats, automation software (bots), hacks, mods or any other unauthorised software designed to modify the Nintendo Account Service or any part of it or using any unauthorised User Device or any unauthorised modification of the User Device; attempting to derive source code of the Nintendo Account Service;

For the Nintendo User Access (shop account). Here they say any unautherised modification of the User Device.

BUT! - https://curia.europa.eu/jcms/upload/docs/application/pdf/2014-01/cp140009en.pdf This document however say it's legal to modify our consoles. It's up to each member state to forbid it or allow it. Sweden for example have no rule against since it's perfectly fine to jailbreak your iPhone, chip your Bluray player, make copies of your legally owned music cds etc. Yes, even crack the protection if it blocks the usage of my product. I posted this before, but why not repeat it. This was a case AGAINST Nintendo even. It basically say it's legal with homebrews (Tetris clone anyone?) but illegal to make piracy tools.

https://eutopialaw.com/2014/01/27/nintendo-vs-modchips-score-draw-in-the-cjeu-2/

The Court also agreed with the AG that the examination of the use of a console could not be limited by the use envisaged by the rightholder [34]. This makes it clear that the owner of the console should be permitted to make any use of the console they wish, and can only be restricted by a TPM when it necessary to do so to protect copyright works.

Also my best ammunition to kill any EULA?

The NINTENDO NETWORK AGREEMENT and the NINTENDO NETWORK PRIVACY POLICY are important legal documents. If you are under the age of 18, you must get your parent or legal guardian to accept their terms.

Shit! My little sister set up the account, she is 13, she just pressed accept. It's up to the companies to protect themselves so minor can agree to an agreement, not the other way around.


BTW!

https://www.nintendo.co.uk/Legal/Ni...rdware-Piracy/Mod-Chips/Mod-Chips-732253.html - How adorable! If you want find good modchips for your Wii. Nintendo recommends somehere!

 

[kumikochan]

Oh I found something intresting in the EULA for Nintendo Network ID for the European.


I've read it through now twice. They actually don't forbid homebrew, since it doesn't modify the Nintendo Network. Interesting indeed, this is for the NNID.



For the Nintendo User Access (shop account). Here they say any unautherised modification of the User Device.

BUT! - https://curia.europa.eu/jcms/upload/docs/application/pdf/2014-01/cp140009en.pdf This document however say it's legal to modify our consoles. It's up to each member state to forbid it or allow it. Sweden for example have no rule against since it's perfectly fine to jailbreak your iPhone, chip your Bluray player, make copies of your legally owned music cds etc. Yes, even crack the protection if it blocks the usage of my product. I posted this before, but why not repeat it. This was a case AGAINST Nintendo even. It basically say it's legal with homebrews (Tetris clone anyone?) but illegal to make piracy tools.

https://eutopialaw.com/2014/01/27/nintendo-vs-modchips-score-draw-in-the-cjeu-2/





Also my best ammunition to kill any EULA?



Shit! My little sister set up the account, she is 13, she just pressed accept. It's up to the companies to protect themselves so minor can agree to an agreement, not the other way around.


BTW!

https://www.nintendo.co.uk/Legal/Ni...rdware-Piracy/Mod-Chips/Mod-Chips-732253.html - How adorable! If you want find good modchips for your Wii. Nintendo recommends somehere!

I laughed at that part with my sister. And also quite nice of them to show you wich modchips you need

 

[c80]

Im talking about access to your game by downloading it and playing it, this is not a service but a right.

Bullshit. You're downloading it from their server, right? That means it is a service. If it was a right, we would call them righters, not servers.

 

[Batpeter]

Bullshit. You're downloading it from their server, right? That means it is a service. If it was a right, we would call them righters, not servers.

Now semantics are going to decide whether or not you have the right to a working product?

 

[c80]

This document however say it's legal to modify our consoles.

That means that Nintendo cannot sue you for modifying your console. That does not in any way force Nintendo to let you use their service with your cracked device.
-Off-topic-

 

[Batpeter]

Of course. We are talking about legal stuff here. It's all about semantics.

You must be joking. You buy the right to access your game. Hacking your device is no reason to void that right. The only relation between the two is online features within that game because a hacked device can damage the online experience of other. It has no relation at all with access to your game and its offline features.

 

[linuxares]

So let me correct you there c80. Right now a judgement have been made, saying that you are legally allowed to modify your console, but not for piracy. So homebrew is totally fine, as long as you don't use it to make piracy tools.
SO Nintendo have no right in Europe to ban people for using CFW at all. So right now, the bans are only valid of people used pirated products. Again, the eshop shouldn't be banned since you own the digital goods. Yes, OWN, we can discuss this over nad over. Usedsoft vs Oracle. Check it up!

 

[c80]

You must be joking.

No

Hacking your device is no reason to void that right.

It is if you have an agreement that says so.

 

[Batpeter]

No

It is if you have an agreement that says so.

How many times do we have to tell you that an agreement is not above the law? In your world Tesla can shut down your car when you tamper with it. No, you may lose access to the garage but the car is yours to keep. In this there is no distinction between digital and physical products. Actually this is a bad example because with the Switch you are tampering not with a different product. So you're tampering with your Tesla Powerwall and lose access to your car...

 

[Localhorst86]

So let me correct you there c80. Right now a judgement have been made, saying that you are legally allowed to modify your console, but not for piracy. So homebrew is totally fine, as long as you don't use it to make piracy tools.
SO Nintendo have no right in Europe to ban people for using CFW at all. So right now, the bans are only valid of people used pirated products. Again, the eshop shouldn't be banned since you own the digital goods. Yes, OWN, we can discuss this over nad over. Usedsoft vs Oracle. Check it up!

To be fair, nowhere in the law does it state they have to provide you with the game in the future once you downloaded it. And to some degree, this seems plausible, because otherwise the law would also need to specify a time frame (as they can't reasonably be forced to provide that download indefinitely).

You paid for the game, you downloaded it. Transaction complete.

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[Batpeter]

To be fair, nowhere in the law does it state they have to provide you with the game in the future once you downloaded it. And to some degree, this seems plausible, because otherwise the law would also need to specify a time frame (as they can't reasonably be forced to provide that download indefinitely).

You paid for the game, you downloaded it. Transaction complete.

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Not indefinitely, but probably for as long as the download platform exists and the game can still be bought from there.

 

[c80]

So let me correct you there c80.

You can only correct people if they are wrong. Sorry.

Right now a judgement have been made, saying that you are legally allowed to modify your console, but not for piracy. So homebrew is totally fine, as long as you don't use it to make piracy tools.

That means that no one can sue you if you use homebrew. Nothing more.

SO Nintendo have no right in Europe to ban people for using CFW at all.

They are not banning people for using CFW, they are banning users for using the online service with modified consoles. That is a big difference.

So right now, the bans are only valid of people used pirated products.

Bullshit. Read the EULA

Again, the eshop shouldn't be banned since you own the digital goods. Yes, OWN, we can discuss this over nad over. Usedsoft vs Oracle. Check it up!

YOU DON'T OWN THE SOFTWARE. Just because you are allowed to sell the license does not mean that you own the software.

 

[kumikochan]

To be fair, nowhere in the law does it state they have to provide you with the game in the future once you downloaded it. And to some degree, this seems plausible, because otherwise the law would also need to specify a time frame (as they can't reasonably be forced to provide that download indefinitely).

You paid for the game, you downloaded it. Transaction complete.

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they do, https://www.theguardian.com/money/2...-act-updated-digital-purchases-apps-downloads
note the part ''The new Consumer Rights Act will for the first time give shoppers the clear right to a repair or replacement when web-based products, including downloaded or streamed content such as apps, music, movies and games, fail to work. '' Especially important regarding games like LA NOIRE or game that won't work without a game update

 

[linuxares]

To be fair, nowhere in the law does it state they have to provide you with the game in the future once you downloaded it. And to some degree, this seems plausible, because otherwise the law would also need to specify a time frame (as they can't reasonably be forced to provide that download indefinitely).

You paid for the game, you downloaded it. Transaction complete.

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Yepp, that's why a whole big other bag of laws can be put on Valve, EA Ubisoft etc. Because if their stores go away. They must somehow provide you with either a drm free copy or a physical copy even. Since else you actually got scammed of your product. I totally agree it's not possible for them to keep a store open indefinently if it's digital, but we shouldn't accept we lose all our games in case the store disappear. Steam for example is a copyright protection, if Steam no longer work, you can't use your product after all.

 

[Batpeter]

they do, https://www.theguardian.com/money/2...-act-updated-digital-purchases-apps-downloads
note the part ''The new Consumer Rights Act will for the first time give shoppers the clear right to a repair or replacement when web-based products, including downloaded or streamed content such as apps, music, movies and games, fail to work. '' Especially important regarding games like LA NOIRE or game that won't work without a game update

The only exception is probably when they stop selling the game altogether or the company is bankrupt or stops existing.

 

[Localhorst86]

they do, https://www.theguardian.com/money/2...-act-updated-digital-purchases-apps-downloads
note the part ''The new Consumer Rights Act will for the first time give shoppers the clear right to a repair or replacement when web-based products, including downloaded or streamed content such as apps, music, movies and games, fail to work. ''

If what they delivered is faulty. If you downloaded the game and it worked, it's not faulty. They don't have to repair or replace it.

If you broke it afterwards by whatever means (tinkering with the game files, deleting the game) the product wasn't faulty, but you "destroyed" it.

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[kumikochan]

If what they delivered is faulty. If you downloaded the game and it worked, it's not faulty. They don't have to repair or replace it.

If you broke it afterwards by whatever means (tinkering with the game files, deleting the game) the product wasn't faulty, but you "destroyed" it.

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It clearly also says '' not work'' read again. Some games require updates to work, la noire requires a portion of game data to be downloaded for it to work. If I buy a digitally owned game but can't download it then they are breaking European consumer law wich I just showed you in that link. A digitally game HAS to work and if it does not consumer law is broken

 

[c80]

they do, https://www.theguardian.com/money/2...-act-updated-digital-purchases-apps-downloads
note the part ''The new Consumer Rights Act will for the first time give shoppers the clear right to a repair or replacement when web-based products, including downloaded or streamed content such as apps, music, movies and games, fail to work. '' Especially important regarding games like LA NOIRE or game that won't work without a game update

Bullshit. Look at the box. You need an unmodified console. If you have an unmodified console, you are not banned and you can play your game.

 

[Batpeter]

Bullshit. Look at the box. You need an unmodified console. If you have an unmodified console, you are not banned and you can play your game.

The console and the game are two different products! As i said the only relation is ONLINE GAMEPLAY.

 

[c80]

They must somehow provide you with either a drm free copy or a physical copy even.

Bullshit. Read the EULA