Hacking Filetrip cannot host Gateway 3DS files anymore

Costello

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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.

Dear Sir or Madam,

We have detected copies of circumvention software (the "Infringing Materials") hosted on your servers. The urls concerned are listed below.

The Infringing Materials are software files that circumvent the technological protection measures (i.e. security) deployed by Nintendo Co. Ltd., in its latest hand-held video game console (the Nintendo 3DS) and authentic video games.

The Infringing Materials work together with devices (known as game copiers) to circumvent the security in the Nintendo 3DS to allow consumers to play unauthorised copies of Nintendo 3DS video games. The sale, offer for sale and/or provision of services of any technology, product, service, device or component which is primarily designed or produced for the purpose of circumventing a technological measure is an infringement of copyright and we are hereby putting you on notice of this infringing activity.

I declare under penalty of perjury that this notice is true and correct, that I am authorised to act on behalf Nintendo Co. Ltd.

Therefore we request you to take immediate action to remove or disable access to the Infringing Materials listed at the URLs below and in order to prevent further legal actions against your company.
[...]a long list of URLs here
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.
 

FAST6191

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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.
 
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Armadillo

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Hosting GW's launcher file is serious business apparently.

17aeVyB.jpg




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

FAST6191

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Is anybody surprised? Those files exist solely to pirate with. There is absolutely no way to justify their existence legally.

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.
 
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Thunder Hawk

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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.
 

fafaffy

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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.
 

Sicklyboy

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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?
 

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