Nintendo 3DS users warned they risk 'signing life away'

[ManFranceGermany]

this is... teh most epic fail of last month.. sending cardboard bricks, what the hell. I personally dont care what Ninty does with info such as locations.

oh, you're a great customer. Companies love People like you!

 

[Foxi4]

you are kinda right there. but i mean. nobody is forcing you to put things in there. its your choice to buy the 3ds. its your choice to agree to the terms and agreements nintendo puts. its your choice to use the system. its your choice to put real info in there. i mean. yeah. nobody is actually making you don anything. if you put personal info knowing about this, its your own fault

There's a problem in this. Take for instance iPhone jailbreaking. It is deemed legal by US law BUT in the EULA for iPods is says we aren't allowed to jailbreak. We have to agree to these terms to use the device at all.

THis is the problem: In order to use the device's online capabilities we must agree to the ToS. If we don't because we don't think Nintendo have the right to claim ownership of the data in our device then we can't use the full capabilities of the device. Yes nobody's MAKING us do anything but this is a big thing to hide in ToS people want to get past to use the online services and is just downright nasty.

That's because online capabilities are a service that Apple may or may not allow you to use depending on the ToS.

You're entitled to jailbreak, but you void the warranty due to breaking the EULA and you may no longer use online services provided by Apple. That doesn't mean that your iPhone is any worse than any other iPhone, it's still the same device.

EULA's become overglorified lately, wheras in fact they're worth as much as toilet paper.

 

[joost53]

this reminds me of that south park episode "HUMANSCENTiPAD"

if you don't know what i mean you should go watch it

 

[mysticwaterfall]

The end result is the same; even if you still own it, Google (or any other place I named, there all preatty much the same) has a free license to your stuff forever.

N-no. It's not the same. If I have a document on Google Docs that I wish to publish, Google has exclusive rights to share it, but I have the copyright for said document.

Your ownership rights are still diluted because Google can do things with it for free, and give it to business partners if they so wish. They could publish it themselves if they wanted to. It's just as good as Google owning it.

In fact, lets compare the Google TOS to the the 3DS EULA:

3DS EULA

By accepting this Agreement or using a Nintendo 3DS System or the Nintendo 3DS Service, you also grant to Nintendo a worldwide, royalty-free, irrevocable, perpetual, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content in whole or in part and to incorporate your User Content in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.

Just like Google, Nintendo doesn't claim "ownership" either, they claim a license to your user data. You still technically own it, not that it matters.

 

[Jamstruth]

The end result is the same; even if you still own it, Google (or any other place I named, there all preatty much the same) has a free license to your stuff forever.

N-no. It's not the same. If I have a document on Google Docs that I wish to publish, Google has exclusive rights to share it, but I have the copyright for said document.

Your ownership rights are still diluted because Google can do things with it for free, and give it to business partners if they so wish. They could publish it themselves if they wanted to. It's just as good as Google owning it.

In fact, lets compare the Google TOS to the the 3DS EULA:

3DS EULA

By accepting this Agreement or using a Nintendo 3DS System or the Nintendo 3DS Service, you also grant to Nintendo a worldwide, royalty-free, irrevocable, perpetual, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content in whole or in part and to incorporate your User Content in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.

Just like Google, Nintendo doesn't claim "ownership" either, they claim a license to your user data. You still technically own it, not that it matters.

BUt when you upload a file to Google Docs your are uploading 1 file. Nintendo is claiming dibs on an entire device's memory. THat's the big difference. Also they can just go in and pick up what they like, when they like when you're online. Unlike GoogleDocs who can only access the files you've specifically uploaded to their server.

 

[rrrdgames]

as long as your not a peado you will be fine

 

[mysticwaterfall]

BUt when you upload a file to Google Docs your are uploading 1 file. Nintendo is claiming dibs on an entire device's memory. THat's the big difference. Also they can just go in and pick up what they like, when they like when you're online. Unlike GoogleDocs who can only access the files you've specifically uploaded to their server.

And as I said before, to know what these photos were in the first place Nintendo would have to be actively uploading from all 3DSes worldwide and have somebody go through them all. Not going to happen...

 

[DryYoshi]

As long as you don't take naked pictures of children, you're save.

 

[Foxi4]

As long as you don't take naked pictures of children, you're save.

Seeing that Nintendo claims to have the exclusive rights to distribute the content, I can't see why this isn't an option.

 

[mysticwaterfall]

As long as you don't take naked pictures of children, you're save.

Seeing that Nintendo claims to have the exclusive rights to distribute the content, I can't see why this isn't an option.

"...you also grant to Nintendo a worldwide, royalty-free, irrevocable, perpetual, non-exclusive and fully sublicensable license..."

 

[Foxi4]

You didn't dig the pedo joke, I get it.

I was just trying to make a happy-happy laughy-laugh situation.

 

[Magmorph]

Isn't this very similar to the EULA of the PlayStation?

 

[m3rox]

Am I the only one that doesn't care?

Nope.

I, for one, don't care. It's Nintendo, what are they going to do with your personal info? Not a damn thing except use it for marketing purposes.

 

[Rydian]

Can anybody grab an actual quote of where this is stated?

 

[ferofax]

so this means like, if in some distant future my user name "ferofax" suddenly becomes a trendy, popculture, every-day word for something so awesome that the mere mention of it sends girls into frenzy, that Nintendo OWNS my username?

so they can divest you of that potential, if it happens?

...meh.

 

[leeday100196]

Am I the only one that doesn't care?

Nope. I'm with you. If they want to do something about it, they will. But knowing Ninty, they won't. They're too busy worrying about getting legit (top-quality) software out on time to brick flashcart-users' systems with an update.

 

[Rayder]

I see this as a karma thing. We DL'd the hell out of DS software without giving a damn about Ninty's thoughts on the matter, so now Ninty will take any and all the stuff you make available to them through the 3DS without giving a damn about what YOU think.

Maybe now some people might understand (at least one of the reasons) why I don't want anything to do with these "internet-happy" game systems.

 

[muckers]

Hundreds of users out of the millions that own a 3DS? Oh well.

 

[nutella]

Meh, privacy is overrated.