Homebrew Freeshop gets DMCA'd on Github...

[DarkenedMatter]

Why the hell do people believe taking someone's life is at all in the same ball park as what's going on with FreeShop?

 

[chrisrlink]

wow and this comes one day after we royally screwed them with sighax what a coincidence

 

[duffmmann]

Why the hell do people believe taking someone's life is at all in the same ball park as what's going on with FreeShop?

Its just an analogy. He was talking about how a judge would interpret things, so I used a simple analogy related to that.

 

[Drakkar Blackblaze]

I understand what you're doing, you're trying to get away with murder on a technicality. And hey, you might just do that. But what I'm saying is, well we all still know that you did murder that guy, even if you got off scott free. I don't know how this will all play out on a technicality-legal level, but I'm just looking at this with a realistic rational point of view: The Freeshop in reality serves one real purpose and we all know it, Nintendo included. Their DMCA takedown shouldn't come to a shock to anyone.

and even if it were, it doesn't does what the DCMA claims it does, it says it circumvents Nintendo's security measures, which it doesn't
freeshop downloads encrypted files and just instructs the 3DS to decrypt them
the only thing that's holding ground in the claim is the logo copyright

 

[gamesquest1]

sure thing it may be winning on a technicality, but let's be honest Nintendo and every other major corp get away with all kinds of shady stuff based on technicalities, that's where the battle is won, they got it taken down on the lame old "ah HAH! they left the 3ds logo on the boot screen" they just ham fisted the rest of the accusation in to bulk it up while their legal claim is really just about the use of the 3ds logo

 

[duffmmann]

and even if it were, it doesn't does what the DCMA claims it does, it says it circumvents Nintendo's security measures, which it doesn't
freeshop downloads encrypted files and just instructs the 3DS to decrypt them
the only thing that's holding ground in the claim is the logo copyright

K. I'm not interested in the why Nintendo gave for the DMCA (and I was already aware that the reason they listed (one of them anyway) was incorrect). I'm just saying, again from a realistic and rational point of view, that a DMCA take down for this app in particular shouldn't be surprising to anyone regardless of the legal technicalities that might be able to be pulled here.

 

[Joom]

I understand what you're doing, you're trying to get away with murder on a technicality. And hey, you might just do that. But what I'm saying is, well we all still know that you did murder that guy, even if you got off scott free. I don't know how this will all play out on a technicality-legal level, but I'm just looking at this with a realistic rational point of view: The Freeshop in reality serves one real purpose and we all know it, Nintendo included. Their DMCA takedown shouldn't come to a shock to anyone.

It's not the least bit shocking. This is the same company that tried making ROM archiving illegal. And yes, we all know that everyone and their mother probably uses this for piracy, but that has yet to be proven as the intended purpose. Even in a murder case, there has to be proof that the person did it. Otherwise, it's all hearsay, and anecdotal evidence doesn't hold up in a court of law.

 

[duffmmann]

It's not the least bit shocking. This is the same company that tried making ROM archiving illegal. And yes, we all know that everyone and their mother probably uses this for piracy, but that has yet to be proven as the intended purpose. Even in a murder case, there has to be proof that the person did it. Otherwise, it's all hearsay, and anecdotal evidence doesn't hold up in a court of law.

I mean this shouldn't be shocking coming from any company. I wouldn't be surprised in the slightest if Sony or Microsoft pulled a DMCA for a similar app for their platforms. Nintendo has pulled a lot of dumb things off the internet before, this is probably the least dumb thing they've taken offline, in fact is a logical thing for them (or any related company) to try and take offline.

 

[Wolvan]

Well come on man, if you got banned from the eshop servers to begin with, you already did something illegal (my money is on playing Pokemon Sun or Moon online before they were officially released), so that argument doesn't really need to be entertained.

Plus I mean, just look at its name: Freeshop. It might as well have been called: "Give that Game to Me for No Money Shop" They're barely "hiding" the real function of the app, and I think its dumb that people here are trying to act like it's not clear at all what the purpose of the Freeshop is. And I'm someone that has enjoyed the app in the past, I'm just being honest about what it is.

Freeshop = FREE OPEN SOURCE IMPLEMENTATION of ESHOP
as in, a recreation of a proprietary software. Ever heard of open source?

 

[Pandaxclone2]

Even if Nintendo were to get on its high horse and claim it's piracy, it would have to prove how exactly freeshop does that on its lonesome. As it stands right now all it can do is grab an encrypted title from Nintendo's poorly protected servers and that's about it really. It can't get any further unless the person happens to have the key for decryption, which is a seperate matter entirely.

The claim of piracy on freeshop doesn't have much grounds to stand on because the puzzle is missing a few pieces and those said pieces are not part of freeshop.

 

[Joom]

I mean this shouldn't be shocking coming from any company. I wouldn't be surprised in the slightest if Sony or Microsoft pulled a DMCA for a similar app for their platforms. Nintendo has pulled a lot of dumb things off the internet before, this is probably the least dumb thing they've taken offline, in fact is a logical thing for them (or any related company) to try and take offline.

What's dumb is the actual claim they made. It's incorrect, which is what makes this an ill-faith claim.

 

[duffmmann]

Freeshop = FREE OPEN SOURCE IMPLEMENTATION of ESHOP
as in, a recreation of a proprietary software. Ever heard of open source?

So you're really trying to argue the technicalities with me, even though I've admitted many times that I'm aware that on a legal-technicality level this may be technically be "legal." Why? I'm not disagreeing with any of that. Again, I'm strictly talking from a realistic and rational point of view here.

 

[Wolvan]

So you're really trying to argue the technicalities with me, even though I've admitted many times that I'm aware that on a legal-technicality level this may be technically be "legal." Why? I'm not disagreeing with any of that. Again, I'm strictly talking from a realistic and rational point of view here.

Rational would imply that you wouldn't compare a homebrew application with a weapon of mass destruction

 

[Joom]

Again, I'm strictly talking from a realistic and rational point of view here.

Unfortunately, the law is blind and irrational.

 

[duffmmann]

What's dumb is the actual claim they made. It's incorrect, which is what makes this an ill-faith claim.

Its like arresting someone for Murder. They may think they have the evidence to convict them, but the court case still has to come to really prove it. Freeshop has essentially been arrested at this point. If it can prove its side of the case, it will be set free, but Nintendo has evidence against them that they can use even if one of their arguments is invalid, and that's all that really needs to be said, Freeshop is absolutely guilty of using the copyrighted images, and you can't deny that. So dismiss the other claim, Freeshop is still guilty to some extent. Maybe it can come back with the copyrighted images removed, but the reality is, that's not going to happen either. Sorry if this news bums people out, but come on, just look at it all for what it is. Its understandable why it's been pulled, and its clear to see that it likely wont officially return.

--------------------- MERGED ---------------------------

Rational would imply that you wouldn't compare a homebrew application with a weapon of mass destruction

Rational would mean that I assume other people I'm talking with understand simple analogies (and their purpose).

 

[Drakkar Blackblaze]

Rational would mean that I assume other people I'm talking with understand simple analogies (and their purpose).

Rational would mean making analogies that are actual analogies and not strawmen

 

[Wolvan]

Rational would mean that I assume other people I'm talking with understand simple analogies (and their purpose).

I am not that good with the english language here so correct me if I am wrong, but... shouldn't analogies actually have at least some form of corelation to the topic on hand?

 

[duffmmann]

Rational would mean making analogies that are actual analogies and not a strawman

I love when people make the claim that an argument is a strawman when they clearly don't know what that exactly means. No what I've said is not a strawman argument, it was an analogy to explain why I get it, why the device that needs the keys would be considered "dangerous." I seriously can't believe I need to spell this out.

 

[Joom]

I am not that good with the english language here so correct me if I am wrong, but... shouldn't analogies actually have at least some form of corelation to the topic on hand?

His analogy wasn't a bad one, just extreme.

 

[Pandaxclone2]

So yeah, in effect the only thing Freeshop is guilty of is using some copyrighted images. Besides that though it's done nothing wrong.

I guess if we're going with the murder analogy then Freeshop's alleged "intended for piracy" stuff would be like finding the accused (freeshop) and the body (roms) but the murder weapon (method of piracy) is simply nowhere to be found. The copyright images are photos showing the accused and the victim (copyright) were last seen together but that's about it.