Homebrew Freeshop gets DMCA'd on Github...

[Joom]

"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

So freeShop doesn't fall under this then. Nowhere is it advertised (officially) to be able to circumvent or obtain anything illegal.

 

[TheCruel]

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!

"

Interesting. I'll likely look into alternative hosting solutions like this. Then I can continue updating and people will just have to manually install freeShop 3.0 since the auto-update is based on github's hosting.

 

[GuyInDogSuit]

Crap. So we can expect it to stop working in the next few days?

 

[Pandaxclone2]

So freeShop doesn't fall under this then. Nowhere is it advertised (officially) to be able to circumvent or obtain anything illegal.

Right? It'd be the equivalent of accessing a rom site from Chrome and then Internet Explorer or god-forbid a different OS like Mac or Linux.

 

[Joom]

Crap. So we can expect it to stop working in the next few days?

Not unless Nintendo changes up their CDN.

 

[duffmmann]

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.

Again, I just get where Nintendo is coming from. Not saying I agree with them, but they don't want you to have out of region titles and if they ban you, they want you to be banned. Freeshop is for a few reasons just kinda like giving Nintendo the middle finger, our way of saying, I know you don't want me to do these things Nintendo, but I'm gonna do them anyway. I mean I'm guilty of raising that middle finger myself by using freeshop,

 

[mariogamer]

Not unless Nintendo changes up their CDN.

I don't think they would... I do not specifically know server things,but I would take A LOOOOONNNNNG time to change server...

ah no I'm stupid,they can change the server name..... Wait nope since I uploaded the source X)

 

[gnmmarechal]

So freeShop doesn't fall under this then. Nowhere is it advertised (officially) to be able to circumvent or obtain anything illegal.

"Primarily designed to circumvent". It does fall under this.

Sent from my cave of despair where I collect souls

 

[gnmmarechal]

Right? It'd be the equivalent of accessing a rom site from Chrome and then Internet Explorer or god-forbid a different OS like Mac or Linux.

Definitely not. It was produced/designed to circumvent and it does have limited use except for that. It does fall under that.

Sent from my cave of despair where I collect souls

 

[n1-d]

Man I didn't know there were so many copyright lawyers on GBATemp.

 

[_Shebang]

Right? It'd be the equivalent of accessing a rom site from Chrome and then Internet Explorer or god-forbid a different OS like Mac or Linux.

I think both of you are missing the "primarily designed or produced to circumvent" bullet point.

Now, this is not me claiming that Cruel ever intended for this application to be used in the way that it has. I'm also not stating I necessarily agree with the takedown on a moral level or anything. I am also definitely not a lawyer. However, there is absolutely no doubt that this does circumvent the protection (however weak it was) that Nintendo has implemented. There's also no doubt in my mind in the case that Nintendo feels like proceeding to court that this is a valid argument in their case and they would probably win because of it.

 

[Pandaxclone2]

Definitely not. It was produced/designed to circumvent and it does have limited use except for that. It does fall under that.

Sent from my cave of despair where I collect souls

How? Where exactly does it circumvent eShop's server? It downloads games like the eShop can, but it lacks the necessary equipment to decrypt them which would be the "circumvention" being done. Just because one of its applications can be for piracy doesn't mean that's the only application as stated a few times now. You may as well try nailing homebrew

 

[Joom]

"Primarily designed to circumvent". It does fall under this.

Sent from my cave of despair where I collect souls

Nowhere is it stated by @TheCruel that freeShop is intended for circumvention or anything else illegal. Even though it's heavily implied, there is no official statement that makes this true.

 

[GuyInDogSuit]

Not unless Nintendo changes up their CDN.

From what I'm seeing, what Freeshop does isn't illegal, at all, but you know how Ninty can be.

 

[Joom]

I think both of you are missing the "primarily designed or produced to circumvent" bullet point.

Except freeShop wasn't designed primarily for that.

 

[mariogamer]

From what I'm seeing, what Freeshop does isn't illegal, at all, but you know how Ninty can be.

They didn't done this for a willl.... so no I don't actually know how nintendo can be ......

 

[gnmmarechal]

Nowhere is it stated by @TheCruel that freeShop is intended for circumvention or anything else illegal. Even though it's heavily implied, there is no official statement that makes this true.

There is a part stating that if it has limited functionality besides circumvention, it falls under it. And freeShop does that. Not to mention, the name - "freeShop".

Sent from my cave of despair where I collect souls

 

[gnmmarechal]

Except freeShop wasn't designed primarily for that.

Oh, so what was it designed for, then? It was designed to circumvent the security and do things its way, with the title keys and all.

Sent from my cave of despair where I collect souls

 

[mariogamer]

Stop playing law with a goddamn company that just want money you cannot change this,unfortunately...

 

[SonicCloud]

Well that did took a long time...

Atleast we still have that iso site but who knows if Nintendo is going to take actions and close that site aswell