Question Wouldnt it be violating some law to restrict access to downloading the rest of games like L.A. Noire

Discussion in 'Switch - Backup Loaders & Modchips' started by TimeMaster, Sep 4, 2018.

  1. TimeMaster
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    TimeMaster GBAtemp Regular

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    So I know they upgraded all regular bans to super bans, but if someone buys a copy of L.A. Noire or Doom or something like that, and need an additonal software download to complete the game. Wouldn't it be violating some kind of law for Nintendo to block that from you? By blocking your cdn access to these game updates in turn their blocking out the ability to complete the whole game
     
  2. comput3rus3r

    comput3rus3r GBAtemp Psycho!

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    good point.
     
  3. Draxzelex

    Draxzelex GBAtemp Guru

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    Ugh, we already a thread discussing this. No, its not illegal because if you read the entire box, there is a warning that if you modified the console in anyway, you may not be able to download the additional software to make it work. If anything, the fault doesn't lie on Nintendo but on the developers for providing an incomplete product. Nintendo does not have any responsibility for ensuring the game runs properly especially after you violated their Terms of Service which you agreed to.
     
  4. TimeMaster
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    TimeMaster GBAtemp Regular

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    Okay, sorry as I've seemed to annoyed you quite a bit. Was just asking a question to the community.
     
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  5. Deathscreton

    Deathscreton GBAtemp Advanced Fan

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    Don't take it personally. We all tend to get riled up when the answer is there, but those asking don't search for it. It's proper etiquette everywhere online.
     
  6. Localhorst86

    Localhorst86 GBAtemp Addict

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    well, the issue is that said thread was... hostile. To say the least. It's safe to say that Nintendo actually has the right to ban you of CDN.
     
  7. TimeMaster
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    TimeMaster GBAtemp Regular

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    Yeah I understand that, but I did search it up and couldn't really find any answers anywhere. I don't ask the forums many questions unless I absolutely can't find it
     
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  8. Localhorst86

    Localhorst86 GBAtemp Addict

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    This is the thread this was heavily discussed, notably only from a european point of view:
    https://gbatemp.net/threads/eu-users-super-ban-gdpr-template.516250/page-25#post-8245072

    Let's note a few things here:

    -The thread was initially about something else but got heavily derailed by the entire discussion. While most people involved tended to remain calm, a few chosen ones decided to be very hostile to anyone not of their opinion.
    -It takes mainly the european laws and specifics into consideration, the result might be very different for the americas.
     
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  9. Draxzelex

    Draxzelex GBAtemp Guru

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    I'm not upset however there's no reason that anything Nintendo does is illegal unless someone takes them to court or challenges them.

    This is the thread I was referring to: https://gbatemp.net/threads/eu-users-super-ban-gdpr-template.516250/

    Most of it is useless so I did the work for you and found a picture of the box with the warning:
    Warning: Spoilers inside!

    To summarize, purchasing the console only gives you the right to use it however you see fit which is why most countries make it legal to modify it. However, the online portion are services which you never purchase but agree to upon with the Terms of Service. Violation of this gives Nintendo full authority to restrict their online services however they see fit. Games such as LA Noire which require this in order to function have a warning in case your console has restricted online access or if the servers hosting the update go down. There are no legality issues here.
     
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  10. Deathscreton

    Deathscreton GBAtemp Advanced Fan

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    Never said it justified their replies. Unfortunately, that's how it is. Multiple members (Drax included), see this a lot, and automatically assume the worst. Which it usually is. It'd take effort on both sides for this to be resolved, and that's not gonna happen. lmao
     
  11. deinonychus71

    deinonychus71 GBAtemp Advanced Fan

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    Please have pirates challenge them to court :). Stealing from them, and then having the balls to complain about it !
     
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  12. Localhorst86

    Localhorst86 GBAtemp Addict

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  13. Draxzelex

    Draxzelex GBAtemp Guru

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    If that is the European boxart you shared, the warning makes no mention of the ToS violation rendering the update possible irretrievable on the front. I also found a German back cover with the warning I presume but I cannot translate the text myself.
    Warning: Spoilers inside!
     
  14. Alkéryn

    Alkéryn Moon Dweller ~

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    When you buy a game, you don't buy the game, but the authorization to play it, and it is in the devs decision to decide how you can play said game
     
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  15. Canzah

    Canzah GBAtemp Fan

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    Sorry child but that kind of garbage ToS don't override LAW and it's straight up ILLEGAL in Europe to do something like this, Nintendo already got sued by EU in the past and lost so they're just due for another lawsuit. It's only a matter of someone actually starting one.
     
  16. Draxzelex

    Draxzelex GBAtemp Guru

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    While it is true that Tos does not override the law, the warning provided on the box provides all the legality for Nintendo to ban users even after purchasing L.A. Noire. It is not Nintendo's responsibility if users do not read the entire contents of the box nor the fact that they violated Nintendo's ToS in the first place by modifying their console. While the modification itself is legal, the right to access Nintendo's online servers are not granted when the console is purchases; they are only given upon accepting the ToS.
     
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  17. Localhorst86

    Localhorst86 GBAtemp Addict

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    At least in germany, the whole EULA vs. law debate is simply not clear. There haven't been any rulings of a high court to determine wheter the license, as printed on the back of the LA Noire cover, can be legally binding. Some law experts are of the opinion that, "yes they are binding, terms were available before the purchase and agreed upon", others are of the opinion that "no, they are not binding because they can't be negotiated before purchase"

    We, amateurs, simply are not able to properly assess the situation and come to a clear answer.

    EDIT: That said, I wont continue further here. Simply because I do not have the proper background in law.
     
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  18. Canzah

    Canzah GBAtemp Fan

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    Incorrect, they are obligated by law to sell a working product and if the product requires you to download missing files from their servers they are obligated by law to provide you access to download those files, there already was a case like this in EU where the publisher lost so there even is a precedent.
     
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  19. Localhorst86

    Localhorst86 GBAtemp Addict

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    but isn't that on the shop selling you the game, not nintendo? You never really made a contract with nintendo when you bought the game, contract of purchase was with the shop. YOu could return the item to the shop.
     
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  20. xabier

    xabier GBAtemp Fan

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    Using homebrew is not stealing from them, It s using a device that you own for what you want. I would ask for a refund for my game in this case and get it somewhere else.
     
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