1. Resaec

    Resaec GBAtemp Fan
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    It's just incredible to see how conditioned, gullible and unreflected many people are.
     
    Last edited by Resaec, Aug 3, 2020
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  2. smf

    smf GBAtemp Psycho!
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    Flash cart sellers tried the bbbbut it allows homebrew defence in court, it didn't work out too well for them.

    Homebrew isn't illegal, distributing something that allows homebrew to run on a console may be (the us has specifically allowed phones to be jailbreaked so you don't have to be locked into an app store).
     
    Last edited by smf, Aug 4, 2020
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  3. Basketto

    Basketto GBAtemp Fan
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    Nintendo have managed to scare the company that have been offering sx core installation to shut down(mod chip) only.
    SX OS have been selling their dongle along with their operating system for the last 3 years and none are in jail. So I may well ask you the same question?
    Are you living under a rock..
    The question was, is their operating system illegal, the answer is NO, they operate in a very grey area but it is blatently obvious that no concrete laws to prevent them selling their operating system are currently in place.
    If their were, nintendo would not need 3 years to shut them down, not with their net worth and lawyers. The fact a few ISPs are taken down in the UK means nada, especially when nintendo tried & failed to do it in a vast majority of other countries, including the US.
     
    Last edited by Basketto, Aug 4, 2020
  4. Bladexdsl

    Bladexdsl ZOMG my posts...it's over 9000!!!
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    nintendo thinks it is so it must be :glare:
     
  5. Basketto

    Basketto GBAtemp Fan
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    By nintendo’s POV so is atmosphere lol. As much as I respect the team too for being homebrew and emulation orientated, the reality is that offering NSP support, people are obviously going to use it to the same end if they so chose. Even if they do make it harder.
     
  6. ZachyCatGames

    ZachyCatGames GBAtemp Addict
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    Except it IS illegal, their boot.dat includes several Nintendo binaries.
     
  7. Basketto

    Basketto GBAtemp Fan
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    If that has been proven then why are they still licensed to sell their OS? More importantly how did nintendos lawyers fail to bring down ISPs in countries as prominent as Australia/Us and the majority of Europe. Im not saying something might not change in the future, im talking about their current status.
    PS don’t misunderstand my post as someone that believes what they are selling is by any means moral(I come here purely for the love of emulation), but until nintendo can prove they are crossing the boundries of copyright infringement(which shouldn’t be hard if true for a company with nintendos resources), they can do very little.
     
    Last edited by Basketto, Aug 4, 2020
  8. ZachyCatGames

    ZachyCatGames GBAtemp Addict
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    They're not allowed to sell it, but it's difficult to go after them because they seem to be in China.
    And it has been proven, we know that they include every mariko pkg1, some cart header shit, and a bunch of keys in their boot.dat
     
  9. mikefor20

    mikefor20 GBAtemp Maniac
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    What? No. There is nothing Atmosphere can do that SX OS can't. And there are a few things SX can do that Atmo can't. XCI and USB are killer features. Anyone who says otherwise doesn't have SX. Atmo is good. So is SX. Try it before you jump on the bandwagon. Run Both.

    You again. You prattle is asinine and incorrect in almost every way. You can't even recite your propaganda correctly. Go away liar troll. Why are you still here? To derail and confuse the tread like the rest of you atmo fanboys. Atmo in itself isn't illegal in the USA. Homebrew isn't illegal either unless it's used to break a law., like to circumvent security. Even without keys Atmo circumvents lots of different types of security. It just can't play roms. And that's what Ninty is really concerned with ATM. Doesn't mean there isn't some other quasi crimes happening. Just on this side of desirable to the feds.Don't you know what a grey area is? Get a life troll. I have never put someone on ignore. But I think I'm getting close with you. Everyone needs to ignore you. Go away. You are bring down the median I.Q. for the thread.. And I know how to write I.Q.

    THIS!! Also in some countries, possession of any software with the ability circumvent any type of security is illegal regardless of intent.. Weather or not you run it. Save game modding is illegal some places.

    Say you made a new dongle to serve a payload. In itself not illegal. Then you make some kind of promo material,. You include a theme. That theme cannot be applied without breaking the law and running unsigned code. Also , the act of doing so is on step in the direction of piracy. Like having to run NXtheme installer,Atmo or SX to install the theme. That's enough to put you in bed with the pirates and thieves in the court of law. This theme shows intent. In some places and instances, you don't even need that. Any lawyer will tell you that.

    I want to say again. I respect the reswitched guys. I just won't give up XCI and HDD and think it worth the small purchase. And all the liars pretending SX is inferior, unusable overpriced and unstable piss me off. At least say the truth. That you are mad you can't afford SX or are totally butt hurt over the politics. Not because it sucks. It's a great OS. Stop lying and try it out.

    [​IMG]
     
    Last edited by mikefor20, Aug 5, 2020
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  10. wiewiec

    wiewiec GBAtemp Advanced Fan
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    Some people are liars as fuck... but none admits this. Yes but all of them use CFW only for homebrew - only! But after some game leak could be another huge ban wave... and then new threads appear how to avoid this bans - yes they only tested it one... So maybe all threads post about avoiding bans should not be allowed? why - because no one pirate right?

    When I was younger for example was device for N64 which had ability to pirate but also was used to debug. As far far as I know during development of Turok ths device was used in combination with stock N64 as lot lot cheaper dev kit.
     
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  11. Basketto

    Basketto GBAtemp Fan
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    Again that doesnt answer my question. Why does nintendo fail to shutdown their websites in those countries? Regardless of where they are based I can go online today and purchase their operating system. Obviously im not in the UK :P. Regardless of the difficulty of going after Team X, it really isnt hard to shutdown a website if it has been proven to be operating illegally. Just find one article specifically stating SX OS is illegal, from a trusted reliable source, but I gaurantee you will not. You will only find nintendos lawyers go after team x for... etc.
    Their are many non existant laws for many immoral acts, In a vast majority of countries if you killed and ate another human you would only get charged with murder, cannibalism itself is not considered a crime. The claims of SX OS stealing and copyrighting nintendos code, can’t have been proven fully from a legal standpoint, at least not enough code to claim copyright infringement.
    If concrete evidence did exist none of their websites in 95% of the world would be operating. Every one would be shut down.
    Most of your claims come from the other side of the spectrum. They might well be true, but its also no secret that noone working with Atmosphere OS remotely likes teamX.
    TeamX are by no means moral, but they arent stupid. They have been selling their products for years and I would be very surprised if their websites aren’t running 3 years from now.
     
    Last edited by Basketto, Aug 5, 2020
  12. Basketto

    Basketto GBAtemp Fan
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    Breaking Nintendos T&Cs doesnt mean “illegal”, if the police came to my house with a search warrant and found ubuntu running on my switch, i would not get arrested. Piracy is illegal, but short of that you are free to do as you will with your switch. In 99% of countries no laws prevent it.
    When you buy your switch you own it(nintendo do not), if someone chooses to release free software that you find a way to run on that hardware, nintendo can do sweet FA(except ban you from online).
    If you pirate then things change, your stealing property that 1) isnt free 2) is not rightfully yours.
    This is when you break the law.
    NOTE, running backups of games you own that aren’t backups from those specific cartridges is still illegal.
     
    Last edited by Basketto, Aug 5, 2020
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  13. Coathanger08
    This message by Coathanger08 has been removed from public view by osaka35, Aug 6, 2020, Reason: off-topic.
    Aug 5, 2020
  14. yadspi

    yadspi GBAtemp Regular
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    So if you have a Switch Lite, the only means of running hombrew is SX chip no? What about all these new people coming to the scene with these chips asking for advice on homebrew apps?
     
  15. Basketto

    Basketto GBAtemp Fan
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    Yeah switch lite requires SX OS modchip.
    The mariko units only support sx os at the moment.
    You can’t dual boot, launch atmosphere, and retroNX dont openly support them, so retroarch will run into problems. Basically all you can do is run their operating system.
    I would say 99% of the community that are ordering the chip right now are probably mainly interested in the piracy aspect.
     
  16. linuxares

    linuxares I'm not a generous god!
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    Stop fighting about this? Ok, thanks!
     
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  17. yadspi

    yadspi GBAtemp Regular
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    I dunno about the fighting, I genuinely ask if you have a Mariko unit and want to be part of the homebrew community, will they ban/shun you? SX is the only option on those.

    I run both on the same SD Card, never had problems in Retroarch on neither.
     
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  18. Basketto

    Basketto GBAtemp Fan
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    I use retroarch on horizon rarely now days so your word will count more than mine, but I have had issues before on SX, and I have seen a lot of people comment on certain emulators. Barely a few days ago I saw a melonDS issue arise which was apparently due to no SX support & without a workaround. Since switchroot I have been using drastic, so i probly need to touch base and update it :P. Its handy to know you have no issues running retroarch though.
     
    Last edited by Basketto, Aug 5, 2020
  19. mikefor20
    This message by mikefor20 has been removed from public view by osaka35, Aug 6, 2020, Reason: off-topic.
    Aug 5, 2020
  20. yadspi

    yadspi GBAtemp Regular
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    I don't know if it makes a difference but I always use R on album or a game icon to enter Homebrew and never use the homebrew menu on SX OS itself.
     
  21. smf

    smf GBAtemp Psycho!
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    There is a law, in the US it's the DMCA, in the EU the EUCD is enacted in member states laws. Australia has a similar law.

    You are using the evidence that it's really hard for Nintendo to enforce the law, that the law must not exist.
    Like saying that drugs are not illegal, because you can buy drugs.
     
  22. Basketto

    Basketto GBAtemp Fan
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    Does definately depend where you are, and sure you can buy drugs,
    but if you start mass producing heroin and sell it online on a well known website, it will get shut down and you will get arrested. It wouldnt need to go to court. Sx Os is no secret, or does it operate on the dark web.
    SX OS bases their whole operation on the fact that they market their product to allow people to back up and play their own game dumps. In the majority of countries worldwide, their arent laws against that. Even though obviously people don’t buy it for that reason.
    One could provide an arguement that simply providing a download link to an emulator is breaching the DMCA :P. Yet that isn’t illegal in the US. These laws are not black & white. Although I do think nintendo will have more luck with the mod chips, as hardware is being altered and a physical product is being mass produced.
     
    Last edited by Basketto, Aug 6, 2020
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