Filetrip cannot host Gateway 3DS files anymore

Discussion in '3DS - Flashcards & Custom Firmwares' started by Costello, Nov 4, 2013.

  1. Costello
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    Costello Headmaster

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    Hello,

    We have received a DMCA notice from a lawfirm ordering us to remove the Gateway 3DS firmware/setup files from our download center.

    Since the files are apparently considered illegal, GBAtemp and Filetrip users must refrain from:
    1) uploading or re-uploading Gateway 3DS files to Filetrip or GBAtemp
    2) linking to such files from Filetrip or from GBAtemp (this includes posts, shoutbox, and every other place)

    I trust that you'll follow these new ground rules, and I'm sure you'll find plenty of other places to host or download these files.
     
    EMP Knightmare and Coto like this.
  2. FAST6191

    FAST6191 Techromancer

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    Interesting. Though I would probably contend it would be OK to host such files it is definitely one of the cases where it is not worth the aggro to fight it I guess.
     
    SuzieJoeBob likes this.
  3. Nathan Drake

    Nathan Drake Obligations fulfilled, now I depart.

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    Is anybody surprised? Those files exist solely to pirate with. There is absolutely no way to justify their existence legally.
     
    beta4attack, Ammako and SuzieJoeBob like this.
  4. kyogre123

    kyogre123 Mexican Pride

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    Hosting GW's launcher file is serious business apparently.
     
    Margen67 likes this.
  5. Vengenceonu

    Vengenceonu Revenge is beneath me but accidents do happen.

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    The C Standard Library
    There goes my one and only upload :cry:.
     
  6. Armadillo

    Armadillo GBAtemp Psycho!

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    [​IMG]



    As for this, just lol. Like it will actually effect anything. Oh no, one website can't host the files, the horror.
     
  7. Snailface

    Snailface My frothing demand for 3ds homebrew is increasing

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    Engine Room with Cyan, watching him learn.
    Do we have to treat the Gateway site as a romhost now since they host circumvention software?
     
  8. m2300

    m2300 Member

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    one word: Torrent
     
  9. FAST6191

    FAST6191 Techromancer

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    Depends, there are some rather big cases (Sega vs Accolade, seen as we are dealing with the DMCA here which is a US law then US case law surely applies*) that say it is OK to use otherwise protected code/IP to use a homebrew device with. As far as I know you can no use the game or assets that the gateway people use in any way, this then leaves the rather more nebulous/contentious "bypassing protection" part of the DMCA which Sega vs Accolade may or may not apply to depending upon the judge, the point in time (the DMCA has some interesting amendments in recent times) and the price of your lawyer.

    However much like ROM images it is not like they can keep it down or make them too hard to find so for the benefits of the community I guess the decision was to comply with the letter of the notice.

    *Costello is neither an American citizen nor a resident of the US and I as far as I know/can tell the server is in France along with the company that owns the servers. To that end it may also be the case that US law does not apply here. However .net is not exactly a country specific domain (and its operator is a US company), I think the present registrar is godaddy and it is not like the US knows too many borders as far as IP stuff goes so probably better to play it safe there.
     
    Madridi likes this.
  10. Xexyz

    Xexyz GBATemp's™ Official Xexyz

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    Torrent a very small file? 1MB-9MB?
     
  11. Vanth88

    Vanth88 Private

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    Torrents are a known way to share files regardless of size. It is not uncommon to download a torrent that is only a few megabytes in size.
     
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  12. Xexyz

    Xexyz GBATemp's™ Official Xexyz

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    Thanks for clarification.
     
  13. Thunder Hawk

    Thunder Hawk Firefox Master Race

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    The BAF strikes again! (Not really.) Anyway, I guess they have to find somewhere else to put them. I would be more then happy to upload them to every site I could think of if it is needed. Screw the law.
     
    tbgtbg and MegaBassBX like this.
  14. someonewhodied

    someonewhodied Lazy Person

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    use multiupload. it does it for you :creep:
     
  15. phanteon

    phanteon GBAtemp Fan

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    yes. u woulf prefer a torrent for a 1mb file thank 10 links that lead to "file removed" pages
     
  16. BlackWizzard17

    BlackWizzard17 Don't worry Captin we'll buff out those scratches.

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    Yes that is very very true in most of my cases.
    But still gotta look out for those virus.
     
  17. fafaffy

    fafaffy GBAtemp Fan

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    I'm just going to say one word for those thinking of uploading anything...

    http://www.mega.co.nz

    Obviously don't distribute anything here, but for anything "questionable" I'd trust this more than torrents.
     
  18. RedCoreZero

    RedCoreZero Creativity is Power

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    GBATEMP BROKE THE RULEZ
     
  19. kyogre123

    kyogre123 Mexican Pride

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    That was the first host file where they uploaded their launcher.
     
  20. Sicklyboy

    Sicklyboy Resident Mechanical Keyboard Addict

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    Costello and other Supervisory/Administrative staff - beings as Filetrip is no longer allowed to host these files, are they falling under the same warez rules as described in the Terms and Rules where if you can't find them, then they're not for you/"Google is your friend", or is it still (at least for the time being) fair game to mention/link to other sites that contain the files? As Snailface mentioned, is linking to the Gateway site now off-limits?

    If the former (and the Gateway site being off-limits), are we to report any posts, past and future, that contain said links?