Hacking Is Nintendo leaning on modders?

Hit

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NoAlias said:
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,

Modchips are legal in The Netherlands, so if that's so these people are stupid enough to listen to Nintendo
 

OzModChips

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thebobevil said:
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.


It was actually ruled that anyone can mod anyones console if the result is that a previously region locked console is now region unlocked. If the result of this was that the machine could now boot backups....then it doesnt matter if it is part of the same protection. You can't get region free on a ps2 modchip without allowing it to boot backups.
 

Legalto

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I keep hearing that "It probably isn't illegal to install a mod chip" and other phrases such as this. Really this depends on where you live. Selling mod chips isn't illegal. However, if you live in the U.S. for example there is a nice little law named the DMCA. Look it up on wiki if you need to. Basically, when you install a modchip you're circumventing their copyright protection. The law is clear that even if any piracy isn't even taking place, simply by circumventing or making a way to bypass their copyright protection is illegal. Pretty gay if I say so myself. In Canada for example, I don't think that laws have been changed yet so it is still legal to install modchips, but here it is illegal. Kind of annoys me, this means that if I install a chip, purchase a game from japan and then play it I'm breaking the law(DMCA).
 

Harsky

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The law on modchips seems very mixed.

Is a blank modchip illegal?
Is it the software that you install on the modchip that allows ISOs to be run illegal?

There's never a fast and solid rule on these.
 

Bob Evil

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OzModChips said:
thebobevil said:
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.


It was actually ruled that anyone can mod anyones console if the result is that a previously region locked console is now region locked. If the result of this was that the machine could now boot backups....then it doesnt matter as it is part of the same protection. You can;t get region free on a ps2 modchip without allowing it to boot backups.

That was the Sony case ... I was commenting on the Microsoft case
wink.gif



Posts merged

Every country has different laws ... there is no one law governing all this ... and there never will be.


There is a law in the UK that says you may own a duplicate of any item that you do not yourself own, but only for a maximum of 24 hours, for evaluation purposes only. At the end of the 24 hours, you must either destroy said duplicate, or hand the duplicate over to someone who has an original copy of the item.
 

NoAlias

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Wow, did I step in it this time. I asked a question about Nintendo and the Dutch modders, and just about 2 hours later, there are more than 26 replies.

Apparently Nintendo IS leaning on the Dutch modders. The article on tweakers.net is clear on that.
Thanks Da-Huntha for that link.

But Nintendo is also leaning on modders in other countries too. Wether law-suits will actually be filed is something only the future can tell.
But Nintendo is working up a sweat to make sure that modders are stopped.

I'll be curious to hear when actual charges are being brought against anybody.

Cheers,
 

Bob Evil

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See, people don't usually get jail time for this kind of thing ... they get their shit confiscated, they get fined, they get sued ... but they rarely go to jail.

For example, when someone gets busted for piracy, it's always when they are selling copies, and when they are fiddling the Social, at the same time ... that's what they get the jail time for ... Benefit Fraud ... not actually the piracy.
 

Scoobos

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As i wrote before, there is a documented history of nintendo forcibly closing down many companies across the globe (although mainly in China, unsurprisingly) - and rendering their hardware useless with some streams of software (only the downloadble on NES disk and most games produced after 1989)
 

Scoobos

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thebobevil said:
See, people don't usually get jail time for this kind of thing ... they get their shit confiscated, they get fined, they get sued ... but they rarely go to jail.

For example, when someone gets busted for piracy, it's always when they are selling copies, and when they are fiddling the Social, at the same time ... that's what they get the jail time for ... Benefit Fraud ... not actually the piracy.

Ah, hate to double post, but I agree with you, however I do know 1 mate who has served 12 months in Durham prison for piracy, he was selling copies at a car boot and got caught by trading standards here in the UK - ON HIS FIRST ATTEMPT! (unlucky!).
 

Bob Evil

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Scoobos said:
thebobevil said:
See, people don't usually get jail time for this kind of thing ... they get their shit confiscated, they get fined, they get sued ... but they rarely go to jail.

For example, when someone gets busted for piracy, it's always when they are selling copies, and when they are fiddling the Social, at the same time ... that's what they get the jail time for ... Benefit Fraud ... not actually the piracy.

Ah, hate to double post, but I agree with you, however I do know 1 mate who has served 12 months in Durham prison for piracy, he was selling copies at a car boot and got caught by trading standards here in the UK - ON HIS FIRST ATTEMPT! (unlucky!).

Really? Sure they didn't get him on something else, too? Getting jail time under the Counterfeit Goods Act is really, really unusual ... he must have had a shit lawyer lol ... or was he selling pirate porn, too? They always slap you hard for selling that.
 

Defiance

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Timmyhawky said:
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.

But when you burn a game, even if it is a backup, isn't it still considered to be illegal?
 

Arch Feline

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My status in the modding scene is that next Sunday I will be soldering wires to a board from a router that has pads similar to the Wasabi and pins similar to the Wii.

I find it hard to believe that Wii modders in the usa are of significance economically. I am guessing that Nintendo is making the fuss to protect their proprietary interest in word "Nintendo." It is the old "aspirin" thing. You know Bayer lost its ownership of the name aspirin.
 

Bob Evil

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Nin10doFan said:
Timmyhawky said:
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.

But when you burn a game, even if it is a backup, isn't it still considered to be illegal?

Depends on what country you are in ... in many countries, no, as you are allowed to make copies of things that you own, for your own personal use.
 

CPOStudios

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Since he's in the US, the answer is no. Technically, you could get in trouble for ripping your own CD to your own computer for personal use. Though it's never been enforced, one woman was charged by the RIAA. I've seen a magazine writer (Macworld) explicitly say that the laws about DVD ripping (if it's a backup copy for personal use) are vague and he does it regardless. Macworld is a hugely respected magazine, article being about DVD ripping software. So really, I wouldn't worry about it. Though if you are obtaining a backup (legit or not), they can catch you and your ISP will likely threaten to monitor you for a couple weeks and take away your internet if you do it again. If you are like the Macworld guy but don't have the LG drive (or you are a dirty pirate
wink.gif
), just use Peer Guardian. They usually won't go after you for video games though, it's usually the MPAA or the RIAA going for music, films, and television (and usually not even television). I know a few people who got the first warning, and others who got the first warning twice over (in other words, nothing happened other than a 15 activity monitor). Most people who get prosecuted are those selling, providing the files, running the websites, or a LOT of activity on something like Limewire.

If modding my own Wii is illegal, just for use of what most would consider legal things (imported purchased games, fan-made software, etc.), that would be so ridiculous. I'll look into that Dsomething acronym later, or ask my lawyer about it. When I buy something, I should be able to do anything I want with it as long as I'm not stealing etc. It's like we're heading toward fascism where everyone will be expected to use everything one way, the way the producer meant for it to be used, no freedom to do what they want with it. So many inventions stem from already created products. Joe-shmoe who uses tin foil for his homemade speakers shouldn't be sued by the aluminum foil company. I'm still wondering about the legitimacy of this law though, it doesn't sound right. And as cliche as this sounds, it doesn't sound like the free America that all the elementary school history propaganda teaches us.

 

Defiance

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CPOStudios said:
Since he's in the US, the answer is no. Technically, you could get in trouble for ripping your own CD to your own computer for personal use. Though it's never been enforced, one woman was charged by the RIAA. I've seen a magazine writer (Macworld) explicitly say that the laws about DVD ripping (if it's a backup copy for personal use) are vague and he does it regardless. Macworld is a hugely respected magazine, article being about DVD ripping software. So really, I wouldn't worry about it. Though if you are obtaining a backup (legit or not), they can catch you and your ISP will likely threaten to monitor you for a couple weeks and take away your internet if you do it again. If you are like the Macworld guy but don't have the LG drive (or you are a dirty pirate
wink.gif
), just use Peer Guardian. They usually won't go after you for video games though, it's usually the MPAA or the RIAA going for music, films, and television (and usually not even television). I know a few people who got the first warning, and others who got the first warning twice over (in other words, nothing happened other than a 15 activity monitor). Most people who get prosecuted are those selling, providing the files, running the websites, or a LOT of activity on something like Limewire.

If modding my own Wii is illegal, just for use of what most would consider legal things (imported purchased games, fan-made software, etc.), that would be so ridiculous. I'll look into that Dsomething acronym later, or ask my lawyer about it. When I buy something, I should be able to do anything I want with it as long as I'm not stealing etc. It's like we're heading toward fascism where everyone will be expected to use everything one way, the way the producer meant for it to be used, no freedom to do what they want with it. So many inventions stem from already created products. Joe-shmoe who uses tin foil for his homemade speakers shouldn't be sued by the aluminum foil company. I'm still wondering about the legitimacy of this law though, it doesn't sound right. And as cliche as this sounds, it doesn't sound like the free America that all the elementary school history propaganda teaches us.

That's exactly what happened to me. I downloaded Twilight Princess (ironically I actually own that game) and my cable company sent a letter saying they would shut down the internet within 24 hours if I didn't delete... I never got caught before, but I think I know the reason this time. I didn't put on encryption in uTorrent because I wanted to make it go faster.
lecture.gif
So then my friend recommended me to PeerGuardian. I haven't downloaded anything yet, even though it happened a little over a month ago.

Also, I completely agree with your last paragraph.

EDIT: Nintendo should be less after modchips. They should be legal IMO. They should go after the ISO's people upload.
 

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