1.- Not proven, but irrelevant. Nintendo is well within their right to protect their games. Still, breaking the console's security does not imply that it is going to be used to play illegal copies. TX provides the means, what you do with them it's another different thing entirely. I personally want to use it to mod Skyrim, install mediaplayers, play PC games from my PC via Steam Link, and many other things, also because I'm a tinkering addict. I can't have a console or any electronic device and not gut it and make it work beyond the original specs if I want to.
2.- EULAs are never and can never be above the law. Some terms in EULAs are just plain abusive and illegal (at least by European standards) and mostly anti-consumer. Nintendo can put whatever they want in their EULAs, they can write that the warranty for X component is void if you remove whatever sticker, but if the device fails from a design or factory flaw for instance, they have to honour the warranty anyway (again, according to European laws). Most EULAs are scary walls of text, but as good as wet paper. For hardware anyway.
3.- Agreed
I still think that from the moment I buy a piece of hardware I'm the sole owner and whatever I do with it is within my rights as long as I don't do anything illegal -according to my local laws, not whatever Nintendo claims-. Breaking the security of a piece of hardware I own is not illegal since I own the hardware and the firmware it came with, not Nintendo.
I wouldn't blame Nintendo if they banned me from their services. They have the right to do so. But the hardware is mine, no matter what the EULA says.
Now software, that's entirely different, for digital titles anyway. Cartridges, well, I think that as long as you have the cartridge you can do whatever you want with it, just like hardware. Sell it, mod it, destroy it, dump it to the SD card for your convenience... as long as you don't incur in copyright violations.
Last edited by Diskun,
