The reason why "we care" is because we've been in this community for a long time and we're trying to spare you the disappointment. Me and people like me want this to be a teaching experience for young modders who regrettably, and possibly irreversibly, got flagged or banned. The lesson is simple - always be aware of the fact that no stealth technique is perfect, no modification is safe, the decision to mod the system or use homebrew, unlicensed code or any hack is always risky and, ideally, you shouldn't do any of it *if* you intend to use your system online. There's no point in arguing or in having tantrums, Nintendo didn't do anything wrong - you did. There was a service agreement between you two, you were holding licenses for their software, and you broke the terms of all of them, thus releasing Nintendo from any obligation to deal with you. It's sad, but next time you will be more careful. If you want to use the network, which costs money to maintain, play vanilla - that's all there is to it.
One things for sure with this thread, digital goods. Have the laws kept up with time? What actually are YOUR rights? Since 2 parties say different things, rulings has been done before, ToS not valid in some countries, EULAs are just paper information without legal ramifications and people are generally not nice in here. Since when asked, they can't show prove to stand their ground either about digital goods, some think they know more than others without providing information and therefore their argument is worth as much as sour milk. No one wants to it and it gives of a bad smell.
As some say, the company have all the rights, and no obligations. So if a ToS claim that they have the right to go home, once you own the game for 5 years and recover it. That wouldn't hold in a court. This is why a consumer must stand his right, expecially when physical media isn't in the picture. I've taken the liberty to seek further about how the real world, with real lawyers can hopefully check up or at least see if they're interested in getting a court ruling about digital goods. It's a fact that physical media is dying, so we must have clean rights and not just obligations as customers.
This isn't about getting the consoles unbanned for me, it's about what will happen later, since there is nothing right now what say Nintendo won't ban your eshop account.
As some say, the company have all the rights, and no obligations. So if a ToS claim that they have the right to go home, once you own the game for 5 years and recover it. That wouldn't hold in a court. This is why a consumer must stand his right, expecially when physical media isn't in the picture. I've taken the liberty to seek further about how the real world, with real lawyers can hopefully check up or at least see if they're interested in getting a court ruling about digital goods. It's a fact that physical media is dying, so we must have clean rights and not just obligations as customers.
This isn't about getting the consoles unbanned for me, it's about what will happen later, since there is nothing right now what say Nintendo won't ban your eshop account.
Reaction videos are certainly illegal as they aren't deemed transformative. Just adding yourself reacting to a video that someone else made is more than enough grounds for the person to issue a content claim on the video. Reviews are different since they add more than enough content to make the video transformative. You posing front of a picture of Mario, again, adds enough new content to be deemed transformative. a Parody video? Well it depends on how it's done. If it just shows footage of a game with someone talking behind it then no, it's not enough to be deemed transformative and Nintendo would have more than enough of a claim to have the video taken down. When it comes to "fair use" the law isn't clear enough, there's a lot of grey area that can, and IS, abused on both sides. And yeah, it IS how it works because of how much of a grey area Fair Use is, especially when it comes to videogames
If ToS are not valid and EULAs too, you would not have any right to use their service
the thing is Nintendo does take down a lot of videos they shouldn't. I kept uploading a video showing how bad the framerate was in the Wii U version when it launched and Nintendo kept taking it down so I kept uploading it. I agree with you that they have some right regarding some videos but not all and they do take a lot of videos down that they shouldn't. Like when Angry Joe uploaded some Nintendo game reviews and Nintendo kept taking it down is not legal for them to do so
Last edited by kumikochan,
I was talking over it. No sound was used from the video footage itself. It's the same when angry joe tried to review botw and other Nintendo games but Nintendo kept taking down the video
Last edited by kumikochan,
What a childish approach...
they can store personal data as cryptograhic hashes. E.g. they have banned the email address [email protected] add some salt (some random multiplier) and you have a hash in form of
da39a3ee5e6b4b0d3255bfef95601890afd80709
So with this hash there is no personal data stored. You can't easily reverse the hash back to the plain text without having the salt. Even with the salt it is hard.
So you are registering again with this email address and they are checking what hash it gets with the salt. They compare it with a list of banned hashes and bam you are banned again.
this can be done with so many things like serial number etc.
nothing to see here in this thread
they can store personal data as cryptograhic hashes. E.g. they have banned the email address [email protected] add some salt (some random multiplier) and you have a hash in form of
da39a3ee5e6b4b0d3255bfef95601890afd80709
So with this hash there is no personal data stored. You can't easily reverse the hash back to the plain text without having the salt. Even with the salt it is hard.
So you are registering again with this email address and they are checking what hash it gets with the salt. They compare it with a list of banned hashes and bam you are banned again.
this can be done with so many things like serial number etc.
nothing to see here in this thread
Last edited by watchband,
But the footage itself also counts. And since the only thing you did was add your voice the it isn't deemed transformative enough so of course Nintendo took it down
*pat pat* https://itpolitik.blogspot.com/2011/12/vad-ar-eula-och-hur-man-ingar-ett-avtal.html - Oh look, I got another source with even more sources! Yaaaay! Stop embarrasing yourself. I've asked again for YOU to provide counter arguments. Since you don't your arguments are null and void.
In Sweden and many other countries you have to SIGN IT for a EULA or ToS to be valid. An "I agree" box means jack since minors, people that have no understanding of the context etc. can agree to something. In Sweden only State and Counties can make "legal jargon" agreements.
It is, it was literally a minute and seeing I was talking about the framerate drops and showing it it is informative. How do you explain then Angry joe constantly getting his videos taken down by Nintendo when he tries to review Nintendo games ?
And how do you explain other reviewers such as, for example,PeanutButterGaming or ProJared not getting their videos taken down when they do the EXACT SAME THING as Joe does? It all comes down to technicalities because the fair use law is super subjective, vague and an extremely large grey area
lol. What does it say?
A counter argument is only neccessary if have a valid argument, but you don't. Almost everything you say is just wrong. Even the Super Moderator told you that. Maybe you should just shut up?
I never questioned that. If the EULA is invalid, you don't have any right at all to access their service. Why would you think that you magically get this right when you are banned?
Because they're giving them earnings to them and sold their soul to corporate Nintendo hence why I don't watch them.
Can you prove that?Because as far as i know, neither of those reviewers i mentioned are giving Nintendo any money, they aren't part of that dumb affiliate program nor are their reviews sponsored by Nintendo
Touché. Every single argument that you posted is appropriately backed up with legitimate sources. I don't know who you are referring to tho, likely a ignored user by me.
Personally, i understood everything that was said in this thread and the tldr is:
No, Nintendo will not unban your console. Don't get your hopes up. It's even better not to poke the sleeping bear.
Yes, there are laws and laws, but go against Nintendo in court and you will be fucked beyond compare.
GDPR privacy data deletion will not restore your console or lift the ban.
gbatemp in a nutshell
same people who did not believe the switch would be hacked in a year
same people who believed there would be nothing like freeshop
anyways it would be nice to see someone trying to unban a console claiming they bought it "used" and it came like that.
its a serious request
can someone try it?
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