Is Nintendo leaning on modders?

Discussion in 'Wii - Hacking' started by NoAlias, Apr 7, 2008.

Apr 7, 2008
  1. NoAlias
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    Newcomer NoAlias Member

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    I just browsed the 'net for some modders here in The Netherlands.
    Of the three modding services that I know of, I found that 2 of them were no longer offering any modding service.
    One of these issued a statement on their website saying:

    "30-mar-08: We have been infringing copyrights owned by Nintendo and have treated Nintendo unlawfully by selling modded Wii game consoles, game copiers, modchips and modding services for Nintendo products.
    We have been supoened (spelling?) to stop every infringement on intellectual property owned by Nintendo and ... ...
    We will therefor no longer offer any modded Wii game consoles, game copiers, modchips and modding services for Nintendo products.
    "

    I translated this from Dutch. Please forgive spelling mistakes.

    Did any other modders receive cease and desist notices from Nintendo?
    Is this happening only in The Netherlands or Europe?
    Will this have effects on the 'scene'?

    Just thought I'd share this and find out what is really happening.

    Cheers,
     


  2. Defiance

    Member Defiance oh my god.. it's full of trading cards...

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    People will always figure out a way to sell modchips... Because if they do not I will be very disappointed.
     
  3. raulpica

    Supervisor raulpica With your drill, thrust to the sky!

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    Yeah, I did notice that too. A lot of other sites in Europe also stopped selling modchips and flashcards.
     
  4. Timmyhawky

    Newcomer Timmyhawky Advanced Member

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    I've read it as well, it really sucks.
    But, a lot shops aren't warned yet.
    I did a Google trip to get cheap M3's, and these are a few of the sites I found:
    http://www.miadklazienaveen.nl/catalog/index.php
    http://www.ombouwnederland.nl/shop/catalog/
    http://www.plextor.nl/index.php?option=com...18&Itemid=2


    Modding isn't illegal, because it isn't made for piracy, but backups and homebrew. If they warn me, I will ask what's illegal about it.
    Well, the ZWAAR KUTTE Dutch politics do everything for money, so I think it will become illegal in a few weeks.
     
  5. Willemoke

    Member Willemoke GBAtemp Regular

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    I heard that 30 people have to go to court because of the modding, I really don't see why, they weren't selling illigal games right? They were only modding wii's. The aren't interferring with the copyright thingy. What they did was totally legal here, or better to say, is still totally legal here.
     
  6. coolbho3000

    Member coolbho3000 GBATemp Kikkoman Naturally Brewed SoySauce Fanatic

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    Selling modchips isn't the way to go. Getting blank chips and programming them with open source code IS the way to go. That's quite hard to stop.
     
  7. NoAlias
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    Newcomer NoAlias Member

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    I haven't heard that news yet, but it's troubling.

    As for the legality. Selling a mod-chip probably is not illegal.
    Modding a WII after it has been purchased is probably not illegal. It is simply a matter of violating the warranty.

    But these people were selling pre-modded WIIs, and that is slippery ice.
    To the letter of the law: They were selling something that looks like a WII, has Nintendo's indicia on it and even seems to work like a WII. But it is not a real WII, because some of the parts in there are not Nintendo's. Therefore, they are misusing the name of Nintendo.
    Basically they are selling stuff under a false name. And that is illegal in most countries of the world. Even in Holland.


    Cheers,
     
  8. Timmyhawky

    Newcomer Timmyhawky Advanced Member

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    That's a interesting piece of information.

    But the shops which don't sell modded Wiis anymore, also don't sell modchips and flashcarts anymore.
     
  9. OzModChips

    Member OzModChips GBAtemp Advanced Fan

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    It still can be stopped.
    German customs stopped a shipment of Infectus....which are 100% blank.
     
  10. tjas

    Member tjas The Gbatemp HRManager

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    Noo! is this true? [​IMG]
     
  11. kedest

    Member kedest GBAtemp Psycho!

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    That's still a chip specifically for modding. But true open source modchips can never be stopped. They're just normal generic chips, like the pic 12f683 or atmega8 for example. You can buy these blank chips everywhere and build a programmer out of a few simple parts. There is absolutely nothing Nintendo can do about that
     
  12. raulpica

    Supervisor raulpica With your drill, thrust to the sky!

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    Yeah, but there aren't open-source modchips for D2Cs out there [​IMG]
     
  13. Da-Huntha

    Newcomer Da-Huntha Advanced Member

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    http://tweakers.net/nieuws/52656/nintendo-...-en-ds-aan.html
    Dutch article about Nintendo's parade against dutch modders and flashcard sellers.
    Nintendo's parade isn't aimed against the fact that they're selling mod chips, but more aimed against the fact they're installing them, which IS forbidden by dutch law (Security circumvention).
     
  14. OzModChips

    Member OzModChips GBAtemp Advanced Fan

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    There will be soon with wasabi out. Its easy to dump apparently

    Its true that they cant stop open source stuff...but people will always want to make tool to aid it...like the wii-boss etc. And they will stil try and stop this.

    Without these products....modding is a hassle, not mainstream enough.
     
  15. NoAlias
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    Newcomer NoAlias Member

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    You're right, but Nintendo probably isn't even interested to persue this.
    How many people who own a WII are capable of producing their own Mod-chip? Not many, I think.
    Even if it is relatively simple, how many people who own a WII are capable of opening it and soldering a mod-chip to the WII drive? Only a handful, I think.
    So that is only a very small portion of all the WII's that are sold. And these wizzkids are not always in it for the money, but just for the thrill of hacking.
    It's the people who allow normal customers to circumvent Nintendo's software copyrights that are the biggest threat.
    Modders who will mod dozens if not hundreds of systems.

    Still it looks like modders will have harder times here in Europe.

    Cheers,
     
  16. NoAlias
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    Newcomer NoAlias Member

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    Thanks for the article.
    In an update at the end of the article the lawyers are even stating that "selling a mod chip is an infringement of Nintendo's copyright since these chips are designed to circumvent the technical protections of the copyrighted content."

    I guess Dutch law is not as liberal as people thought.

    Cheers,
     
  17. Scoobos

    Newcomer Scoobos Advanced Member

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    Anything you read on sites like this that "Nintendo don't care etc" is bull.

    Nintendo have, more than anyone, protected their software in the past.

    For example, even with the NES - any game produced for their system was not allowed to be produced anywhere else, for any other system, other than their production departments. (This is why PC Engine had so many games which were, in essence, identical to the NES version, but renamed).

    Examples of historic sweeps by Nintendo are:

    Bung Enterprises (the NES version of say, supercard manufacturers) - Bung was closed down and future nintendo disk system (japan only download type thing) games would actually render the NES useless with any titles produced after the Bung closedown.

    There are literally hundreds of devices, device owners and websites stung by them in the past, including but not limited to:

    Game Doctor, Game Master, Multi-game Doctor, Multi-game doctor 2, Game Doctor SF1, SF2, SF3, SF6, SF7, China Coach - GB Smart Disk, Super Smart card, Super Magicom .

    I could go on, but you'll have to trust me.

    Bottom line is, it is UNLIKELY you will be hit, if you follow the golden rules of this kind of thing (which a lot of novices on this site seem to forget) -

    FIRST and foremost - DO NOT run code downloaded from Newsgroups unless you know it's tested and futureproof (This is so basic, yet sooo many people do it. USENET is number 1 for virus propogation and always has been).

    Secondly, accept that if you mod your Wii, irrespectively of any laws in your country, Nintendo do and always will have the right to sue you. You own the Wii sure, but you don't own the copyright and modding the Wii is breaching the agreement made with Nintendo on sale. (I'm sure many will flame on this, but its just the way it is with any technology product).

    Finally, try not to abuse. Don't leech anything and everything just because it's there, it makes the scene big (like this one, any idiot can use this site and get games, which has historically , e.g NES, Super NES - not been the case).
     
  18. Bob Evil

    Member Bob Evil The Department of Home-Made Insecurity

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    Nintendo has always been at the fore-front of these things ... some years ago they stopped a lot of UK import stores from being able to sell import titles ... Sony was in on it, too ... they drove many importers out of business in the UK.

    Sony then drove Lik-Sang out of business ... that was a sad day.

    Even now, many suppliers are afraid of Sony ... Play-Asia, for example ... if you go to their site, and click on any PS3 product, it will say that they cannot ship to the EU, UK or Lichtenstein.
     
  19. Scoobos

    Newcomer Scoobos Advanced Member

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    This is what I mean in the above post - sorry for double posting, but installing a mod chip is AGAINST copyright, as it circumvents design and uses Nintendo's design to make what is essentially a new product, by the letter of the law.

    If Nintendo really wanted to (which they wouldn't) they could easily get the Wii seized and sue, it is ILLEGAL to modify their design.

    Some people seem in denial that they are breaking the law and stealing software. If you are man enough to install a mod chip and get all these games, then ffs be man enough to admit to the theft you are committing. Worse still are these Nintendo Fan boys, who , hypocritical as they are, buy maybe 2 games to every 20 they download.
     
  20. Bob Evil

    Member Bob Evil The Department of Home-Made Insecurity

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    Modding your console is not an issue, in some countries, where the law sees it as acceptable for a person to alter his own property, and so legal action cannot be brought to bear against any modder.

    Microsoft, for example, lost in the Australian courts a few years ago ... the court ruled that modding you own property was fine.


    They also lost in the xbox_habib case, where they attempted to sue xbox_habib because he had installed Linux on his xbox.
     

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