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

[Draxzelex]

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.

I see no reason why you would need online services to use the Nintendo Switch. It is not bundled with games, that is the consumer's responsibility to follow up on. In fact, thanks to hacks, even without online access the console is fairly capable of running on its own. I'd also like to take this moment to remind you that 99.9% of bans on the Switch have been due to piracy so even if someone were to take Nintendo to court, all Nintendo would have to do is provide evidence that said user was pirating software which may end them up in more trouble than in the first place.

 

[Canzah]

I see no reason why you would need online services to use the Nintendo Switch. It is not bundled with games, that is the consumer's responsibility to follow up on. In fact, thanks to hacks, even without online access the console is fairly capable of running on its own. I'd also like to take this moment to remind you that 99.9% of bans on the Switch have been due to piracy so even if someone were to take Nintendo to court, all Nintendo would have to do is provide evidence that said user was pirating software which may end them up in more trouble than in the first place.

That's not how law works at all and all it could warrant is a separate lawsuit by Nintendo towards the person committing the piracy. You're so woefully uninformed of law matters that it makes me vomit.

 

[Localhorst86]

That's not how law works at all and all it could warrant is a separate lawsuit by Nintendo towards the person committing the piracy. You're so woefully uninformed of law matters that it makes me vomit.

Do you have a degree in law?

 

[Draxzelex]

That's not how law works at all and all it could warrant is a separate lawsuit by Nintendo towards the person committing the piracy. You're so woefully uninformed of law matters that it makes me vomit.

If you truly believe that this is illegal (which is not how the law works), then by all means feel free to sue Nintendo. There is already a thread where this was heavily debated and discussed. I would highly suggest voicing your concerns there instead of here.

 

[deinonychus71]

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.

And you can use it for what you want. It's got nothing to do with an online service. You agree to a certain number of rules to enable you access to this service. If you're not okay/don't accept the rules then yeah, you can buy the game somewhere else.

 

[xabier]

And you can use it for what you want. It's got nothing to do with an online service. You agree to a certain number of rules to enable you access to this service. If you're not okay/don't accept the rules then yeah, you can buy the game somewhere else.

The rules, or the contracts sometimes go above what local laws and regulations allow. If I buy a game for switch it should be able to work on any switch. Nintendo should grant the permission to download the missing part of the game taking into consideration that they have licensed those games, and got the money from them.

 

[Localhorst86]

The rules, or the contracts sometimes go above what local laws and regulations allow. If I buy a game for switch it should be able to work on any switch. Nintendo should grant the permission to download the missing part of the game taking into consideration that they have licensed those games, and got the money from them.

In american law, when you buy an item at a retailer, whom do you have a purchasing contract with?

 

[deinonychus71]

The rules, or the contracts sometimes go above what local laws and regulations allow. If I buy a game for switch it should be able to work on any switch. Nintendo should grant the permission to download the missing part of the game taking into consideration that they have licensed those games, and got the money from them.

I don't agree. It's clearly wrong usage from the end user who is warned against doing something and knows about it. They can't be banned "by mistake". The only exception would be if you buy a refurbished switch with banned certificates. But then it's on the seller, not Nintendo.
Laws are supposed to protect consumers from shady activities, not enable consumers to abuse every ToS they possibly can and get away with it.

 

[xabier]

I don't agree. It's clearly wrong usage from the end user who is warned against doing something and knows about it. They can't be banned "by mistake". The only exception would be if you buy a refurbished switch with banned certificates. But then it's on the seller, not Nintendo.
Laws are supposed to protect consumers from shady activities, not enable consumers to abuse every ToS they possibly can and get away with it.

I understand the switch as an smartphone, bootloader unlocks and custom roms are not likable for big corporations but when you buy the hardware you can do whatever you want with it unless you are in a country in Borth America.

 

[lufeig]

hmm... no.

 

[aykay55]

I can't with claims like these. When you start up every single system, every single game, every single software, there is END USER LICENSE AGREEMENT which you HAVE to agree to or else you can't use it. You don't buy a game, you buy the license to use it, just like a driver's license. If you go against the terms of your driver's license (such as driving under influence), it gets revoked. You don't get a refund for it. If you start misusing your software license, it gets revoked. You don't get a refund for it.

 

[Ericthegreat]

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

You don't gotta say your sorry, don't worry about it, ppl always bitch about not searching, but really don't worry about it....

 

[kumikochan]

I can't with claims like these. When you start up every single system, every single game, every single software, there is END USER LICENSE AGREEMENT which you HAVE to agree to or else you can't use it. You don't buy a game, you buy the license to use it, just like a driver's license. If you go against the terms of your driver's license (such as driving under influence), it gets revoked. You don't get a refund for it. If you start misusing your software license, it gets revoked.

Not quite tho. I think it was with the Wii U if I remember correctly that when the terms got updated you had to accept them and you couldn't press no. You could only press yes and if you did you could use the console and if you didn't it would stay locked at that screen where you had to push yes. I do remember an organization in Europe calling Nintendo out about that that it was illegal what they were doing. I do remember they had to change that since organisations were threatening to sue Nintendo because of that
http://www.nintendolife.com/news/20...e_end_user_license_agreement_locks_the_system

 

[aykay55]

Not quite tho. I think it was with the Wii U if I remember correctly that when the terms got updated you had to accept them and you couldn't press no. You could only press yes and if you did you could use the console and if you didn't it would stay locked at that screen where you had to push yes. I do remember an organization in Europe calling Nintendo out about that that it was illegal what they were doing

But it's not illegal. You bought the hardware (the console) and the Wii U OS is licensed to you. Nintendo can't stop you from downloading Windows 10 on your Wii U and utilizing the hardware, you just can't use Wii U OS until you accept the terms of the license.

 

[deinonychus71]

I understand the switch as an smartphone, bootloader unlocks and custom roms are not likable for big corporations but when you buy the hardware you can do whatever you want with it unless you are in a country in Borth America.

Again. Yes you can.
And they can do whatever they want with their online service if you don't respect basic rules.

If you cheat in an MMO you can always complain at the European Commission that you can't access your game anymore cause you were banned. Yeah you can waste their time, but you won't get far because the law is supposed to protects those who get abused by ToS, not people who actively try to break them.
If you oppose a digital payment, you will also get banned. It's been done for ages, it's a breach of ToS. Did you see many people winning trials for that?

 

[blahblah]

No. Please stop making threads about things relating to being banned.

 

[kumikochan]

But it's not illegal. You bought the hardware (the console) and the Wii U OS is licensed to you. Nintendo can't stop you from downloading Windows 10 on your Wii U and utilizing the hardware, you just can't use Wii U OS until you accept the terms of the license.

It was illegal, hence why they also got threatened by a lot of European organisations to sue them. In Europe things work differently then in the States especially with our privacy laws that we can accept and deny EVERYTHING. They couldn't force users to only accept since you should also have a deny button. It was entirely illegal what they did and they had to change that

 

[aykay55]

It was illegal, hence why the also got threatened by a lot of European organisations to sue them.

It's not illegal, an organization can say whatever the f*ck they want, it doesn't mean anything. Now if the government threatened Nintendo, as the government did when Nintendo and Sony had screwed with the consumer's right to repair, both companies had to and did change their policies.

 

[kumikochan]

It's not illegal, an organization can say whatever the f*ck they want, it doesn't mean anything. Now if the government threatened Nintendo, as the government did when Nintendo and Sony had screwed with the consumer's right to repair, both companies had to and did change their policies.

It is illegal , they got called out for it and had to change it by European organisations. If it wasn't illegal then they wouldn't have gotten called out for that gee. You cannot only have an accept button and no deny button and then lock your entire system. If it was all so easy back here like in the states where they give corporate 2 much power then you would also have an option on your Nintendo account to disable sharing information with Nintendo wich only European accounts got. Maybe it wasn't illegal back in the states but it was entirely illegal here and they got called out for that

 

[aykay55]

It is illegal , they got called out for it and had to change it by European organisations. If it wasn't illegal then they wouldn't have gotten called out for that gee. You cannot only have an accept button and no deny button and then lock your entire system. If it was all so easy back here like in the states where they give corporate 2 much power then you would also have an option on your Nintendo account to disable sharing information with Nintendo wich only European accounts got

Just curious. What would happen if you disagreed?