What is the point of NDA if SDK is available to everyone?

Discussion in '3DS - Homebrew Development and Emulators' started by Owarai, Jul 16, 2016.

  1. Owarai
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    Owarai Member

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    My knowledge tells me the NDA is there to stop people from spreading confidential data, in this case, the SDK. My question is, what exactly is the point of the NDA if anyone (over 18) can sign it and get access to it? (Its not like Nintendo knows where its competitor's staff lives...) It would be great if someone could quench my curiosity :) .
     
  2. RemixDeluxe

    RemixDeluxe GBAtemp Psycho!

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    This is almost like saying whats the point of paying for goods in a store. Anyone can just walk in and steal the goods.

    Just because you can doesnt make it right, with the NDA you are legally binded to not share this information.
     
  3. Owarai
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    Owarai Member

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    I know. What do you exactly mean? The NDA is there to stop people from sharing it. But the SDK is available to anyone who signs up, unlike a store in which you need to buy the goods in order to give it to people. I don't see the connection between those two, could you clarify more please?
     
  4. RemixDeluxe

    RemixDeluxe GBAtemp Psycho!

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    Like all things wrong in life, theres the possibility of getting caught. Even if there was no chance of getting caught it negatively affects others.

    Whatever you decide to do take all parties into consideration.
     
  5. HyperT

    HyperT GBAtemp Advanced Fan

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    No, the NDA is there so the SDK isn't misused. I haven't seen it personally; but there likely is some sort of sig key / identifiable marker - identifying each sdk so they can identify the abuser [as I haven't read it / seen the this is just hearsay/rumour].

    Afaik; a primary abuse of the sdk would be releasing an app made with the sdk somewhere other than the eShop.

    Personally what I'd like to know is if some dev could 'unintentionally' create/build/release exploitable apps/games to the eShop for homebrew access. [More just curious on that; I know if it's possible there probably are some devs doing so - and as they should keep quiet about it]
     
  6. Mikemk

    Mikemk GBAtemp Maniac

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    The NDA prevents distributing outside the eShop.
     
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  7. Owarai
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    Owarai Member

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    I think I should clarify because this was misunderstood (sorry about that!): The point is not "we should be allowed to leak the sdks because everyone has access to it", the point is "why did Ninty bother to add to the nda to not allow distribution if anyone can get it anyway?"
     
  8. evandixon

    evandixon PMD Researcher

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    RemixDeluxe, you're not actually answering the OP's question.

    I've been wondering the same thing. Why does Nintendo need to prevent people from sharing information that's freely available to anyone? My guess is that it's an artifact of the SDK originally being closed, and they haven't bothered to remove the requirement since there's no disadvantage of keeping it, from Nintendo's point of view.

    In any case, if you sign the NDA, you should follow it.
     
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  9. Owarai
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    Owarai Member

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    Yes! Thank you for understanding my question. This is exactly what I meant.
     
  10. Memoir

    Memoir A Hero to Zero

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    It's their property. They don't want illegitimate access to their SDK for legal reasons. You're basically asking why don't they just open source everything.
     
  11. RemixDeluxe

    RemixDeluxe GBAtemp Psycho!

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    You said it better.

    But having official access to it means you made an agreement too, thats the difference.
     
  12. Drakia

    Drakia GBAtemp Maniac

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    There's a few reasons. The NDA doesn't just cover distribution, it also covers things like reverse engineering, game distribution, and discussing what Nintendo considers "inside information" (prices, libraries, etc).

    Without the NDA, anyone in the homebrew scene could grab the SDK, reverse engineer it, and use that knowledge to improve unofficial tools. Anyone would also be able to leak the exact prices of development hardware, or what libraries are available to use on the platform's, both of which Nintendo probably doesn't want to be public knowledge.
     
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  13. Exaltys

    Exaltys GBAtemp Fan

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    It isn't available to ANYONE. Like you said, you have to sign up for it.
     
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  14. anonymoose

    anonymoose Lannister

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    The NDA doesn't only include the access to the SDK's. Enough of an answer? No? ... then go read them, mr. curious.
     
  15. Owarai
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    Owarai Member

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    Ok, thanks for the explanation. That makes complete sense.

    It is virtually available to anyone, according to that thread that announced it. (Contracts can only be signed when older than 18.)

    Yea, no. I don't understand. If you're talking about the forums and devkit prices, then, yes, that is true, but that doesn't explain why the SDK has to be part of the NDA. And could you, like, not make fun of curiosity?

    Anyhow, @Drakia and @UniqueGeek explained it all for me. Thanks for the answers!
     
  16. anonymoose

    anonymoose Lannister

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    I don't mean especially the access to devkits, it also bounds you on several stages to nintendo and it kind of controls the use of the tools in legal terms and stuff.
    Also I didn't mean to make fun (at least at the read them part), really read them if you are interested in them.
     
  17. Disco Inferno

    Disco Inferno Advanced Member

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    The SDK is still closed. Just because someone is inviting more people over, that doesn't mean it's a free-for-all to raid their house. The NDA has always been there to ensure that Nintendo has the legal teeth to go after anyone who tries, same as in any company with any kind of trade secrets or confidential information. I just signed an NDA this week in order to start work as a youth counselor at a group home for foster kids. It is a standard business practice, and it would be very strange if Nintendo didn't require it.
     
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