Is it legal to force an update?

Discussion in 'Wii U - Hacking & Backup Loaders' started by iStormZ, Apr 18, 2016.

  1. iStormZ
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    iStormZ Member

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    Hello all :)

    I have a little question, is it legal to force an update on a device, especially on the wii u ?
    Many people have lost the hack because of a forced upgrade to 5.5. I know that the wii u request the user if he want to update (on start). But why the update is performed in the background without any permission if nintendo servers are not blocked ??

    Thx in advance and sry for my english :bow:
     


  2. Memoir

    Memoir A Hero to Zero

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    Isn't it in the tos that they reserve the right to do so?
     
  3. kumikochan

    kumikochan GBAtemp Advanced Fan

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    It's in the agreement Nintendo forces every user to sign by clicking yes.
     
  4. gudenau

    gudenau Largely ignored

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    It is legal. Although skimming though the ELUA stuff I do not see it mentioned. Just use TubeHAX or something for the DNS.
     
  5. Flux0

    Flux0 Advanced Member

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    Legal or not, they can get by with it. Steam does the same stuff. When a new EULA comes up you have to agree to it or your games are locked away until you do.

    At least the Wii U is a console that doesn't require going online every so often to function, so you can just keep it offline permanently on whatever version you have.
     
  6. Clydefrosch

    Clydefrosch GBAtemp Psycho!

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    dude, theres no law for or against it, but if the law ever gave enough shit to answer that question, it would, without any doubt, not be on your side
     
  7. CLOUD9RED

    CLOUD9RED GBAtemp Regular

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    Of course there's a law at play, Contract Law is also a law...
     
  8. tbb043

    tbb043 Member

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    Given that even normal updates have a slight potential to brick the system if something goes wrong (like a power outage during an update, which in some areas are more common at certain times of the year) it really should never happen without some sort of affirmative consent from the user.

    Or spoof the firmware so it thinks it already updated. Or go belt & suspenders and do both.
     
  9. Awesomeness

    Awesomeness Dangerously Optimistic Hope

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    No, those people should sue because their hax got patched, TBH
     
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  10. fukseliten

    fukseliten GBAtemp Regular

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    since the wiiU has no internal storage , nintendo managed to bypass the law with their lawyers so they dont have to follow the same rules that Sony and MS must use.
    They sell it with the same type of TOS that is used for handhelds and whatnot ,so its not defined as a computer pr. law , like PS4 and Xbox.

    This means they can update it for online usage as much as they want without warning the customers ,and its very much legal ,yes .
     
    Last edited by fukseliten, Apr 18, 2016
  11. blackalabi

    blackalabi Member

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    Not sure if sarcasm or not. As others have said auto updates is mentioned in the Terms of Service, which you to agree to else you can't use the Wii U and its online services. If someone, were for some reason going to attempt to sue Ninty over this, they would be laughed out of the courtroom.
     
    Last edited by blackalabi, Apr 18, 2016
  12. NWPlayer123

    NWPlayer123 GBAtemp Addict

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    not to mention the EULA makes you agree to waive your right to sue
     
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  13. fukseliten

    fukseliten GBAtemp Regular

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    Thats only in America for now . The rest of the world, at least Europe and parts of Asia, still have some consumer rights left luckily.
     
    Last edited by fukseliten, Apr 18, 2016
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  14. Supster131

    Supster131 (づ。◕‿‿◕。)づ *:・゚✧

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    I'm pretty sure the EULA for the Wii U is the same throughout the entire world.

    Someone correct me if I'm wrong though.
     
  15. fukseliten

    fukseliten GBAtemp Regular

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    That might be so ,but EU and most other "western" countries (except the tax havens f.ex in the panama papers) still have consumer rights to always be able to sue a company or a product if needed.

    Its only in the USA that its stated in law that companies are equal to , and even sometimes surpass , humans when it comes to basic rights.
    I recommend that they vote for Bernie if they want some consumer rights back :)
     
    Last edited by fukseliten, Apr 19, 2016
  16. A Plus Ric

    A Plus Ric GBAtemp Advanced Fan

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    You don't own their software. You are licensing use with it. Therefore they can fore as many updates as they want as they own the OS and software written on the system.
     
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  17. H3llbender

    H3llbender Cancer

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    To-do list:
    - Gain IOSU access
    - Write whole new OS that copes with the hardware

    No more forced updates.

    No reason to ever use the Wii U again.
     
  18. Supster131

    Supster131 (づ。◕‿‿◕。)づ *:・゚✧

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    Would it really be that easy?

    Getting an emuNAND (or redNAND, which smea already showed off) working on the Wii U would probably be more ideal.
    Have TubeHAX DNS on your sysNAND, disable all the auto-updating stuff, then just use emuNAND on the latest firmware.
     
  19. Captain_N

    Captain_N GBAtemp Advanced Fan

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    This is why i cant stand things like steam. No body can stop me from playing a pc game like empire earth if i dont go online or agree to some ever changing tos.... This why i dont buy digital download pc games...
     
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  20. H3llbender

    H3llbender Cancer

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    Obviously, that would be the best route to go. I was just seeing things the way Nintendo would want to see it.

    without the iosu exploit part...