Homebrew Freeshop gets DMCA'd on Github...

[mariogamer]

Pls stop getting shit on this thread.

Also,I actually asked the creator of notabug if they apply to DCMA,here is his answer:

"
Hi,

notabug.org is hosted in the EU and we don't have a DMCA here (yet). However, due to our terms of service (https://notabug.org/tos) we do not allow non-free software on our site.

So, 'leaked' software will be removed as it fails our TOS, however a free software implementation of a DRM scheme or something will not be removed.

I hope that answers your question!

"




(ps. see notabug.org/mariogamer2 ....)

 

[Joom]

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

A strawman is an argument that is purposely argued for the sake of being defeated.

 

[duffmmann]

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?

Ok, well if you have trouble understanding english, I'll try and make it clear so you can see the correlation. The device of mass destruction is akin to Freeshop, both serve one purpose that would negatively effect those that created the system(live on the planet), but both need keys to achieve that purpose. Therfore one can see why it might be in the interest of people that care about the thing the device would effect to not have that device exist at all, regardless of the keys.

 

[gamesquest1]

would be awesome if the cruel removed the 3ds logo and banner and got the dmca overturned just on principle #freefreeshop

but yeah I doubt the cruel will want to tangle with ninty even if he would probably,

if we were going for a very close analogy we would be looking at the likes of a mob boss being taken down for parking violations, they know he is guilty of facilitating a lot more but without any real proof the parking is the best they can get and they will just have to take it

 

[elBenyo]

CIAngel works perfectly, still, maybe one day it could meet the same fate. TBH waiting for either app to install is the just as slow as downloading a CIA from the web and copying it to an SD card and installing, they just save you the install step. I still use a PC for most games to cut down on 3DS battery consumption.

 

[Joom]

would be awesome if the cruel removed the 3ds logo and banner and got the dmca overturned just on principle #freefreeshop

but yeah I doubt the cruel will want to tangle with ninty even if he would probably,

if we were going for a very close analogy we would be looking at the likes of a mob boss being taken down for parking violations, they know he is guilty of facilitating a lot more but without any real proof the parking is the best they can get and they will just have to take it

I think the best analogy is mine that compares this to Torrent clients and the claims against them. They're both used for piracy but not necessarily specifically intended for that.

 

[gnmmarechal]

Legally their argument is invalid. Unless I'm mistaken, freeShop is using the inbuilt 3DS method to install files, like the Wii and Wii U installers do, so they can't come attack him.

It is not. Section 1201 of the DMCA is violated by freeShop.

Sent from my cave of despair where I collect souls

 

[Pandaxclone2]

Ok, well if you have trouble understanding english, I'll try and make it clear so you can see the correlation. The device of mass destruction is akin to Freeshop, both serve one purpose that would negatively effect those that created the system(live on the planet), but both need keys to achieve that purpose. Therfore one can see why it might be in the interest of people that care about the thing the device would effect to not have that device exist at all, regardless of the keys.

An emulator does much the same thing except it's legal. Downloading from the eShop servers is not illegal and neither is freeshop sans banner/logo, it's the decryption part that matters (which freeshop is void of.)

 

[Drakkar Blackblaze]

A strawman is an argument that is purposely argued for the sake of being defeated.

as far as i see he is doing just that, comparing a copyright infringement case with a murder case in order to make his point, even if both cases would be handled differently in a real court and by different laws

 

[duffmmann]

An emulator does much the same thing except it's legal. Downloading from the eShop servers is not illegal and neither is freeshop sans banner/logo, it's the decryption part that matters (which freeshop is void of.)

I'm really tired to repeating my same points over and over. Go back a few pages and you should see how I feel on this subject, and what my stance is on all of this. I'm just saying that I understand where Nintendo is coming from and how they might have a case; while admitting that such a case could possibly get thrown out on a technicality (not so much the copyrighted images part though). But all that aside, we all know what Freeshop really is and what it's real purpose is. So again, I'm not shocked its been taken down, nor will I be shocked if it doesn't officially return, but I do think there is a small chance that it could officially return with copyrighted images removed, but I wouldn't hold my breath on that.

 

[Joom]

as far as i see he is doing just that, comparing a copyright infringement case with a murder case in order to make his point, even if both cases would be handled differently in a real court and by different laws

He's comparing them in the sense that they're both legal matters that require proof in order to convict a defendant.

 

[gamesquest1]

I think the best analogy is mine that compares this to Torrent clients and the claims against them. They're both used for piracy but not necessarily specifically intended for that.

yeah but the point I'm making out is that they took it down for a different lesser reason as they know the main point is harder to prove, so sticking with your analogy it's like a bit torrent client getting banned because they used the windows logo on their installer rather than the reason they really wanted to ban it just as a means to an end

 

[duffmmann]

as far as i see he is doing just that, comparing a copyright infringement case with a murder case in order to make his point, even if both cases would be handled differently in a real court and by different laws

So what exactly is wrong about what I've been saying? Using an analogy is not a strawman, and if you think it is, you need to read up on what a strawman really is. Beyond that, I'm not even using the analogy to make a real argument, I'm merely using the analogy to make it more clear as to why I can understand the mentality behind why Nintendo would issue a DMCA takedown, I haven't said that I think Nintendo is in the right or the wrong, just that I get where they are coming from. I'm curious if you even fully understand my full stance on all of this, it doesn't sound like you do.

 

[mariogamer]

It is not. Section 1201 of the DMCA is violated by freeShop.

Sent from my cave of despair where I collect souls

What is exactly that section?

 

[cearp]

CIAngel works perfectly, still, maybe one day it could meet the same fate.

i'll simply reupload it as CIAngel:Resurrection

 

[gnmmarechal]

An emulator does much the same thing except it's legal. Downloading from the eShop servers is not illegal and neither is freeshop sans banner/logo, it's the decryption part that matters (which freeshop is void of.)

"Section 1201 divides technological measures into two categories: measures that prevent unauthorized access to a copyrighted work and measures that prevent unauthorized copying of a copyrighted work. Making or selling devices or services that 2 are used to circumvent either category of technological measure is prohibited in certain circumstances, described below.

...

Section 1201 proscribes devices or services that fall within any one of the following three categories:
they are primarily designed or produced to circumvent;they have only limited commercially significant purpose or use other than to circumvent; orthey are marketed for use in circumventing."

Sent from my cave of despair where I collect souls

 

[TheCruel]

But lets be real, no one out there has the freeshop just to redownload files they already paid for or to download demos, there would be zero reason to do that when an installed on the system out of the box app does that just fine.

Nintendo's eShop restricts you to a certain region, and you can be banned from it. Neither of those apply to freeShop which is reason to use it.

And evading bans is against their terms, not against the law.

 

[_Shebang]

What is exactly that section?

Here's the entire PDF document. The relevant area is under Title I, heading Circumvention of Technological Protection Measures.
Alternatively, you can see the exact language used in the US Code of Law here.

 

[Pandaxclone2]

Here's the entire PDF document. The relevant area is under Title I, heading Circumvention of Technological Protection Measures.
Alternatively, you can see the exact language used in the US Code of Law here.

What protection measures? Is freeshop breaking through firewalls in eShop's servers? All it's doing is accessing an open server.

 

[mariogamer]

For anyone who is wondering (and didn't always understand my msg at the top of that page) I uploaded freeShop to notabug,since they are in the EU there's no DMCA. Are you ok with it @TheCruel ?