1. MrCokeacola

    MrCokeacola The Xbox Guy
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    Never forgive, never forget.
     
  2. chrisrlink

    chrisrlink Intel Pentium III Hamster inside
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    this is why I'm babying my OG switch and keeping my lite unhacked for NSO you guys better not brick your hacked switches or your gonna be in for a tough time to hack any switch
     
  3. Mrperson0

    Mrperson0 GBAtemp Regular
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    SX OS sells a license (which these mods likely come with) to use their OS, which comes preloaded with the sigpatches (or whatever they call it) required to install roms IIRC. That's promoting piracy. This is why atmosphere makes sure to never bundle sigpatches.
     
  4. RHOPKINS13

    RHOPKINS13 Geek
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  5. kingaz

    kingaz GBAtemp Regular
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    1) It wasn't a court analyzing this case. It was the Librarian of Congress, under the statutory authority granted by the Digital Millennium Copyright Act, determining whether or not to grant an exemption to video game consoles. It isn't like court rulings where there are split opinions between the courts. This is effectively the law of the land.

    2) https://www.law.cornell.edu/uscode/text/17/1201

    This is the relevant law that makes jailbreaking expressly illegal, provided that no exemption has been granted. Give it a read.

    The only thing that makes console hacking a gray area is the lack of enforcement over less explicit infringements. The law itself is quite clear.

    Edit: As for your point about this applying to the US, the suit in question has been raised in the US. That being said, many other countries have similar legislation.
     
    Last edited by kingaz, May 18, 2020
  6. PatrickD85

    PatrickD85 GBAtemp Advanced Fan
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    Well ... this is going to spiral into;
    - A] Nintendo is evil, f them for wanting to protect the ecosystem they created.
    - B] SXOS cant be touched, they themselves are not doing anything bad.
    - C] Everyone suddenly will be a lawyer with an expertise in the field of piracy protection, bypassing OS, user agreements and all that
    - D] All of the above.

    Ehhh ... Im going with D. Yes, that is my final answer.

    As for my personal stance;
    In regard to A; Nintendo has every right to take action on this. They created the Nintendo Switch ecosystem.
    Modification of hardware and / or software voids both warranty and violates end user agreements in a lot of cases, probably if you really take the time to check them out you would have to agree on that.

    In regard to B; well ... im not going into this as this will get flame comments from each and every angle. Im not here for that.
    But short answer; it ain't vanilla legal for sure.

    In regard to C; im not a lawyer, and in 98% of cases probably neither are the other people here. So let's not pretend we are.
    But also let's not pretend we are ignorant people as well. In a LOT of countries what the device does is considered illegal. But there probably are some wonderful countries they can put up shop and call home base, which makes things a whole lot different when it comes to law.

    And most important I guess; it's a never ending battle; there will always be something new.
    Even IF they can take out TX, or their resellers, a new product could pop up ...
    Simply put where people see a way to profit ... ways will be found to get to that profit ...one way or another ... just look at history.
     
    Last edited by PatrickD85, May 18, 2020 - Reason: typos
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  7. ChicoPancho

    ChicoPancho GBAtemp Regular
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    they only have legal rights to take this down and nothing else.
     
  8. PatrickD85

    PatrickD85 GBAtemp Advanced Fan
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    Well as noted that is my opinion.
    You and everyone can have their own opinion on the matter, but that does not mean I have to agree with you or anyone on it.
    As quite frankly it really boils down to law ... and besides that not being universal perhaps ... well see the rest of my post.
     
  9. Mrperson0

    Mrperson0 GBAtemp Regular
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    lolwut, no, they aren't. Atmosphere folks aren't the ones manipulating it do this. This is like trying to suggest Nintendo could sue Sony or Microsoft because people can hack their consoles to run Nintendo games.
     
  10. Brayton1-7

    Brayton1-7 Member
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    There is terms of service and everything, but I get where you are coming from.
     
  11. Jayro

    Jayro MediCat USB and Mini Windows 10 Developer
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    Don't forget the part where they've illegally renigged on their deal of new games every month. I'm pretty sure we have legalglegal to sue them since we're not getting everything we're paying for with the subscription.
     
  12. Ev1l0rd

    Ev1l0rd (⌐◥▶◀◤) Developer - noirscape
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    Play stupid games, win stupid prizes.

    This is the fourth TX related lawsuit if I'm not mistaken, fifth if you include the legal request to block TXs site in the UK.

    Also, SX OS isn't defendable from a legal perspective, there's large segments of Nintendo's own FS module in it, as well as fragments of their gamecard headers (look for LOTUS in the decompiles), which makes providing the software in any form illegal.
     
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  13. Jonna

    Jonna Some sort of musician.
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    So... who here actually has significant experience with law?

    Raise your hand so I can pick you out from the crowd and give you a high five.
     
  14. seanp2500

    seanp2500 GBAtemp Maniac
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    my uh switch runs android as well tho...so there’s that...

    also for the folks thinking atmosphere team safe. No one is safe. Something I began to realize monitoring youtube. It’s not really so much revenue loss lately. It is a concerted effort to dumb people down. Most people don’t realize it. They literally don’t want people to hack or mod. Look at the mass amounts of garbage on the platform. But high level hacking /modding channels? Nothing but problems. Time to wake up folks. You may not like them but if you let the system take away this ability from you then none of us are safe...

    First they came for the Communists
    And I did not speak out
    Because I was not a Communist
    Then they came for the Socialists
    And I did not speak out
    Because I was not a Socialist
    Then they came for the trade unionists
    And I did not speak out
    Because I was not a trade unionist
    Then they came for the Jews
    And I did not speak out
    Because I was not a Jew
    Then they came for me
    And there was no one left
    To speak out for me
     
    Last edited by seanp2500, May 18, 2020
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  15. Memoir

    Memoir Hi, I'm Cynical!
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    Neither did the R4 and legitimate use meant nothing then.

    It's a device that's been advertised to circumvent DRM and allow for piracy. No amount of "muh homebrew" is going to change the fact that (much like the R4) it's a device aimed at pirates.

    Also, this seems to be aimed directly at resellers and not TX themselves. So, it's not like the mods are going to magically become unpurchasable.
     
    Last edited by Memoir, May 18, 2020
  16. HarvHouHacker

    HarvHouHacker GBAtemp's "Official" Wii Rock Band Hacker
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    If you're developing homebrew for a device, you have to make sure you're not doing anything outright illegal. The problem is that homebrew is a gray area, meaning that it can be used for both good and bad. Yes, it exploits the console in question, but for what purpose? If it is to run something you downloaded that is already free, or to mess around with something that you bought for yourself personally, that is considered fair use. Apparently, this company wanted to use these devices to run games unofficially that you are supposed to buy, but didn't. Under copyright laws, that's very much illegal.

    I'm not against homebrew. I'm not against adding games by unofficial means. However, I encourage anyone who wants to play paid games in ways different than their intended means to always have a retail copy of the game, and keep proof (receipts, invoices, etc.) that you paid for a digital copy of the game legally. Yes, this even includes Rock Band. :)
     
  17. Dax_Fame

    Dax_Fame Annoying Member
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    I'd be shook. TX is at the front of the canon on this one.
    Better get those chips out so they can get re'd and cloned before they're belly-up :D

    @Chary 5 articles between your last? Did finally you start sleeping?
     
  18. Goku1992A

    Goku1992A GBAtemp Advanced Fan
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    @8BitWonder & @Mrperson0

    Atmosphere and SXOS are all tied together you can pirate games on either one so Nintendo can sue either. The whole point is "enabling" you to do something this is what the lawsuit is about "enabling" No matter what CFW it is it enables you to run pirated games on it. Not one company I know wants you to have that type of access to the system.

    Look at Xbox One as an example you have to pay $20 to access the DEV menu they dont care if you want to play retroarch and run code they already took your $ to do what you want... until the day someone actually find a way to pirate games they will take it away like how Sony did otherOS.
     
  19. 8BitWonder

    8BitWonder Small Homebrew Dev
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    Atmosphere does not allow you to run pirated content.
    Adding sigpatches to it, a user action that is outside of Atmosphere devs' control allows running pirated content.

    SXOS does allow running pirated content, they package all necessary patches within their product and this is completely within their control.

    It's pretty clear why they target SXOS and not Atmosphere, my friend.
     
    Last edited by 8BitWonder, May 18, 2020
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  20. frankGT

    frankGT GBAtemp Regular
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    Go go Nintendo!
    Time to squash some more cockroaches...
     
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