I thought the recent ruling about DMCA exemptions in late 2012 made 'jailbreaking' home video game consoles illegal again? That alone wouldn't make HBC illegal (as the HBC itself doesn't exploit the system to run unsigned code, instead it relies on one of several exploits to do that for it), but it would make the actual exploits required to run unsigned code on the device 'illegal'.
That would mean that while the HBC itself isn't illegal, modifying your console so that the HBC will run is considered a violation of the DMCA (in the US, anyways).
That would mean that while the HBC itself isn't illegal, modifying your console so that the HBC will run is considered a violation of the DMCA (in the US, anyways).
No, they also addressed video game consoles. Quickest link I could find to the outcome: http://www.wired.com/threatlevel/2012/10/dmca-exemptions-rejected/
That said, I'm not saying this because I think they will ever go after people hacking their home consoles or anything, just that technically, it's illegal to circumvent the copy protection. This is from the same people who think it's illegal to convert your CDs into MP3s and then put on your iPod, so take with the requisite grain of salt
That said, I'm not saying this because I think they will ever go after people hacking their home consoles or anything, just that technically, it's illegal to circumvent the copy protection. This is from the same people who think it's illegal to convert your CDs into MP3s and then put on your iPod, so take with the requisite grain of salt
I like the reason they gave.
"Video games cost more to produce, so they should be protected, while smart phone programs do not and we don't care".
That said, HBC doesn't circumvent copy protection. Backup loaders that can load burnt discs and such do.
Yes and no. You're correct that HBC itself does not circumvent copy protection in any way, as it must be run on an already exploited console and will not exploit the console itself -- however, based on the verbiage of the law, the actual act of using the Smash Stack exploit against the Wii / WiiU is illegal, so Ray's point about how you must already have broken the law to run homebrew on the Wii is valid, imo.
Also, I agree that their reasoning is pretty much pure crap. I'm hoping this ruling gets re-visited this year and properly argued, it's silly that we can't use the devices we purchased as we'd like, specifically if the way we're using it is NOT to promote piracy or pirate games.
Also, I agree that their reasoning is pretty much pure crap. I'm hoping this ruling gets re-visited this year and properly argued, it's silly that we can't use the devices we purchased as we'd like, specifically if the way we're using it is NOT to promote piracy or pirate games.
Ehh, I'd still argue that the exploits don't disable copy-protection mechanisms, since they simply allow unsigned code to run, while official WADs and discs and junk are signed (and checked other ways). The Twilight/Bannerbomb/whatever won't run burned DVD games for you, they're set to launch homebrew.
"...since they simply allow unsigned code to run, while official WADs and discs and junk are signed..." Nintendo did not authorize it so it is circumventing system protection. It allows other programs to run that are not licensed. This stuff is cut and try, it is not even a debate. Nintendo did not auth HBC or anything it runs so it is illegal per Nintendo.
Nintendo doesn't write the laws, just because they want something a certain way does not make it law.
For example, DVDX was the channel ID that allowed people to play official DVD movies in the Wii. System Menu 4.2 added a specific check and removal for this channel via ID, showing that Nintendo doesn't want it on their system. But playing pressed video DVDs is not illegal.
You know, I doubt many (if any) of the programs you run on Windows are verified by Microsoft. Have you ever seen any of the mods or patches that are out there for Windows? Anything from the TCp/IP half-open connection limit removal by modding tcpip.sys to modifying uxtheme.dll in order to add custom skins to XP. Note that these patches can and will be undone by Windows update as well, which will detect the system files as modified and restore them with fresh official ones.
Yet nobody tries to make the claim that modding PCs like this is illegal.
The PC is already capable of running third party applications -- we're talking about the legality of hacking a Wii in order to make it run third party applications. Modifying the code of Windows to skin it or to modify the tcpip.sys to solve the half-open connection does not "circumvent" access controls or copy controls and as such are not impacted by the DMCA. On the other hand, using DeCSS to decrypt a DVD on Windows *is* blocked by the DMCA as evidenced by the Universal City Studios, Inc. v. Corley court case of 2001, where it was clearly indicated by the court that the DMCA covers the copy-protection mechanisms and unauthorized bypassing of those mechanisms. This was a terrible loss for fair-use proponents but is now ultimately case law all the same.
In contrast, "Circumvention", according to Section 1201(a)(3)(A) of the DMCA, means "to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner." While the full scope of activities and practices that would fall under this definition has not yet been examined by the courts, any act of undoing a "lock" or "block" in a digital system may well be considered circumvention.
While using Smash Stack to hack the Wii to support unsigned code does not directly provide support for game backups (your example of DMCA circumvention), it does otherwise 'avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner." -- in this case, the technological measure being avoided/bypassed/removed/deactivated is the Wii's code-signing checking.
Again, I'm not defending the DMCA -- I think it's trash. That said, you seem to think it's a little less restrictive than it (unfortunately) actually is.
In contrast, "Circumvention", according to Section 1201(a)(3)(A) of the DMCA, means "to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner." While the full scope of activities and practices that would fall under this definition has not yet been examined by the courts, any act of undoing a "lock" or "block" in a digital system may well be considered circumvention.
While using Smash Stack to hack the Wii to support unsigned code does not directly provide support for game backups (your example of DMCA circumvention), it does otherwise 'avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner." -- in this case, the technological measure being avoided/bypassed/removed/deactivated is the Wii's code-signing checking.
Again, I'm not defending the DMCA -- I think it's trash. That said, you seem to think it's a little less restrictive than it (unfortunately) actually is.
Allowing the ability to run third-party applications is not the same thing as allowing piracy, as piracy is non-legit copying of encrypted/protected first-party application.
If you want to get technical on what's run, then everything goes to shit in any case.
https://www.eff.org/issues/coders/reverse-engineering-faq#faq4
The DMCA falls under the "so shitty that even some government organizations pretend it doesn't exist in their actions" category.
http://gbatemp.net/threads/the-library-of-congress-says-copyright-laws-suck.262963/
If the DMCA was followed to the letter... fuck "consoles". Most of what people do with any electronics at all would be illegal. That's why most people treat it as something to be ignored, because it's that overbearing.
If you want to get technical on what's run, then everything goes to shit in any case.
https://www.eff.org/issues/coders/reverse-engineering-faq#faq4
The DMCA falls under the "so shitty that even some government organizations pretend it doesn't exist in their actions" category.
http://gbatemp.net/threads/the-library-of-congress-says-copyright-laws-suck.262963/
If the DMCA was followed to the letter... fuck "consoles". Most of what people do with any electronics at all would be illegal. That's why most people treat it as something to be ignored, because it's that overbearing.
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You think that just because people are aware or unaware of it being illegal, they're just going to cease using homebrew altogether? And I should also note that using emulators isn't illegal under US copyright law because you can't copyright hardware. Nintendo doesn't write the law, the government does. Maybe they should have taken their system security a little more seriously.What people do to their consoles is there business, and until Nintendo sends their squad of ninjas to my apartment complex, I'll keep using HBC and play games that will never see the light of day on the VC. Good day.
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Jeez, not even backwards compatibility is enough for you guys. What's next? A theoretical PS3 emulator for a (theoretically hacked) Wii U?
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Nope, it's the other way around
but seriously, theory is fun sometimes even if you don't have the skillz/time to implement it.
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Being able to access all your backed up games on a single HDD without swapping is enough for me.
I dunno, with how nice stuff looks in Dolphin at 1080p, I really would love to see someone hack the WiiU to upscale to 1080p .
WRT the DMCA, I don't disagree at all with the_randomizer or Rydian. DMCA is a piece of trash legislation that is so overblown and mispointed that it may as well not exist at all. Additionally, I don't think whether or not actually hacking the Wii/WiiU is illegal makes an iota of difference as to whether or not people will do it -- and I'm of the same mindset as the_randomizer, they can pry my hacked consoles from my cold dead hands if they actually ever manage to make a case strong enough to come in and take them from me!
Back to the topic at hand though, it really would be awesome to see Wii games running like they do in Dolphin, on the WiiU. I like that I can play all my HDD games on the WiiU, but frankly I could already to that on my Wii -- I'd really love to put some use to the graphical chops that the WiiU has that the Wii didn't -- at least until they start pushing some more interesting and engaging WiiU games!
.WRT the DMCA, I don't disagree at all with the_randomizer or Rydian. DMCA is a piece of trash legislation that is so overblown and mispointed that it may as well not exist at all. Additionally, I don't think whether or not actually hacking the Wii/WiiU is illegal makes an iota of difference as to whether or not people will do it -- and I'm of the same mindset as the_randomizer, they can pry my hacked consoles from my cold dead hands if they actually ever manage to make a case strong enough to come in and take them from me!
Back to the topic at hand though, it really would be awesome to see Wii games running like they do in Dolphin, on the WiiU. I like that I can play all my HDD games on the WiiU, but frankly I could already to that on my Wii -- I'd really love to put some use to the graphical chops that the WiiU has that the Wii didn't -- at least until they start pushing some more interesting and engaging WiiU games!
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Maybe just because I still don't have an HD TV but I'm not all that excited about playing in HD (although I admit it would be nice.) but what I would like to see is remote play on the gamepad.
The WiiU already upscales the vWii to 1080pI dunno, with how nice stuff looks in Dolphin at 1080p, I really would love to see someone hack the WiiU to upscale to 1080p
WRT the DMCA, I don't disagree at all with the_randomizer or Rydian. DMCA is a piece of trash legislation that is so overblown and mispointed that it may as well not exist at all. Additionally, I don't think whether or not actually hacking the Wii/WiiU is illegal makes an iota of difference as to whether or not people will do it -- and I'm of the same mindset as the_randomizer, they can pry my hacked consoles from my cold dead hands if they actually ever manage to make a case strong enough to come in and take them from me!
Back to the topic at hand though, it really would be awesome to see Wii games running like they do in Dolphin, on the WiiU. I like that I can play all my HDD games on the WiiU, but frankly I could already to that on my Wii -- I'd really love to put some use to the graphical chops that the WiiU has that the Wii didn't -- at least until they start pushing some more interesting and engaging WiiU games!
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