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Nintendo 3DS license, anti-piracy measures detailed

Posted May 17, 2011 at 3:30PM EST by Carl B

Listed in: News Tags: DRM, Nintendo, piracy
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nintendo-logo

The Nintendo 3DS has been targeted in a recent anti-DRM campaign, now that its license and anti-piracy measures have been revealed.

 

This snippet comes from John of the Free Foundation Software:

"From reading the Nintendo 3DS Terms of Service, one could be forgiven for thinking that Nintendo is exiting the video game console business and entering the brick-making business.


The 3DS Terms are a perfect storm of 1) Updates will happen automatically without your specific permission any time the device connects to wifi 2) The device will constantly try to connect to wifi 3) Updates will specifically disable devices found to have modified software or unauthorized peripherals.


On top of that, Nintendo claims a license to photos and other user-generated material on the devices -- and those things are also automatically uploaded, along with user location data gleaned from wifi network proximity.


DRM prevents users from disabling any of these antifeatures, which is why DefectiveByDesign.org has taken an interest, encouraging people to send cardboard bricks to Nintendo. In the wake of all the Sony PS3 news, is this really the direction Nintendo wants to take things?"

 

We already knew Nintendo would be making some sort of modifications to Nintendo 3DS systems that use flashcards -- just look at the warning on the back of every single 3DS game.

 

via BoingBoing



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Comments 


 
-5 # RE: Nintendo 3DS license, anti-piracy measures detailedCarl B 2011-05-17 16:36
Pirates are why we can't have nice things.

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+3 # not the pirates fault reallyxavis75211 2011-05-17 16:49
the pirates just do this to avoid all of this shit. there was an article about here. the pirated versions really are the safest versions.

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+2 # RE: not the pirates fault reallyxnamkcor 2011-05-17 16:55
"avoid all of this shit" = "avoid paying for anything"

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+4 # and like with AC2xavis75211 2011-05-17 18:58
avoid not having to phone home every start up, avoid not having to save your game on THEIR servers. and avoid not having a rootkit from a music cd (olod news yes but was done).
avoid not having your system being boged down in protective programs ageist you.

apprently with these consoles the risk is even more, you can get a brick, your photos are now tied up in a license issues. it will be wasting battery life trying to connect to wifi when there is no wifi spot.

wait for a 3ds emulator and just get a rom, you'll safer then you would be in a bomb shelter.

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-4 # RE: and like with AC2xnamkcor 2011-05-17 19:08
Yes, because DRM magically happened for no reason and the Pirates are the heroes trying to stop it.

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+4 # no one knowsxavis75211 2011-05-17 19:16
no one found the real reason of DRMs exsitance, all you know is the shit told to you by the companies who tend to lie about shit just to promote themselves and make you give them your money for some crapfest game.

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-4 # RE: no one knowsxnamkcor 2011-05-17 20:30
Which makes stealing games ok. And it was the big companies that drove the pirates to stealing games. Before companies started protecting their content, nobody ever stole games.

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+3 # ummxavis75211 2011-05-17 20:55
idk if your changing sides or being sarcastic, considering the last sentence.

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-1 # RE: RE: Nintendo 3DS license, anti-piracy measures detailedUltimaXX 2011-05-17 17:05
No they're not; piracy is not a valid excuse for such draconian preventative measures; it's like how "terrorism" was pushed as an excuse to strip Americans of their constitutional rights. Exploit a problem to expand your own control.

Sooner or later, pirates will figure out how to patch the firmware in such a way as to avoid this little problem, and thanks to Ninty it'll only be legit FW users who will face these problems.

What kind of morons do Nintendo have in their boardroom meetings? How did anybody ever agree to this, let alone a majority of executives?

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-2 # RE: RE: RE: Nintendo 3DS license, anti-piracy measures detailedCarl B 2011-05-17 17:06
How exactly does this take away your rights?

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+3 # Because...Just... 2011-05-17 17:30
Because not all homebrew is piracy!
They are stopping homebrew!
They are limiting people from making their own games and sharing games they've made with friends!

That is removing their freedoms. I should be allowed to put whatever programs on my computers that I want. Either ones I've bought or ones I've made in my own home.

They must not be able to force people into agreeing to their updated terms of services.

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+3 # wellxavis75211 2011-05-17 19:14
it obviously takes away your photo freedoms.

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+3 # RE: RE: RE: RE: Nintendo 3DS license, anti-piracy measures detailedEtnasPrinny 2011-05-17 19:38
Privacy. If I took a photo using a non-modified 3DS, according to what is on this article, I would no longer own that photo which I took, which would then be uploaded for Nintendo to see. It's the same as buying a camera taking a picture of yourself then having someone say if I don't like the photo, I will destroy your camera and keep the pictures for myself. So I would call this an invasion of privacy, also having a device you own always trying to connect to the internet without your permission seems to be bad.

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-4 # RE: RE: RE: RE: RE: Nintendo 3DS license, anti-piracy measures detailedcrait 2011-05-17 20:02
They don't have to see the photo to own it. They just automatically own it.

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+1 # RE: RE: RE: RE: RE: RE: Nintendo 3DS license, anti-piracy measures detailedHangmanSwingset 2011-05-18 16:52
And that is ok... Why?

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+1 # RE: RE: RE: RE: RE: RE: RE: Nintendo 3DS license, anti-piracy measures detailedcrait 2011-05-19 12:48
It's not okay. It's absolutely wrong of them.

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+4 # RE: RE: Nintendo 3DS license, anti-piracy measures detailedJust... 2011-05-17 17:26
Piracy: http://www.brewology.com/forum/viewtopic.php?f=152&t=19641
Scholarly work: "Piracy: Why It is Not Only Better for Industry, but Ethical"

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+4 # great findxavis75211 2011-05-17 19:13
this right here is somnething people miss.

Quote:
DRM can also sometimes just be glitch and not allow you to activate your game even if you’ve made your purchase legitimately, and instead lock the game out of your computer.


i have seen this happen once before. though it may not have been drm, but it fucked up with the cd key crap.

i have seen borderlands drm, and its stupid now. has to check online for a release date verification. requires the disk to even uninstall the game? wtf is with that? im glad i only spent $13 on it, otherwise i would have gone and looked for a patched pirated version, need the disk to uninstall. needs internet for install, and companies think they make money with this?

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# RE: Nintendo 3DS license, anti-piracy measures detailedxnamkcor 2011-05-17 16:40
"Nintendo claims a license to photos and other user-generated material on the devices"
Wow, so Nintendo would own license to underage nude photos.

There is a simple solution to all of this. Open the 3DS and cut the power to the WiFi module.

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-4 # RE: RE: Nintendo 3DS license, anti-piracy measures detailedCarl B 2011-05-17 17:07
Or just turn the Wifi switch off.

If you have nothing to hide then it shouldn't be a problem.

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+3 # RE: RE: RE: Nintendo 3DS license, anti-piracy measures detailedJust... 2011-05-17 17:32
This means you cannot copyright any photos taken with your 3DS because you don't own them.
What if Kodak or Cannon did this? No one would ever have any ownership of their productions.
It's not about hiding stuff. It's about avoiding bullies from taking what isn't theirs.

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+2 # RE: RE: RE: Nintendo 3DS license, anti-piracy measures detaileddailyqjnetreader 2011-05-17 18:12
Didn't it NOT come with a WiFi switch?

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+1 # RE: RE: RE: RE: Nintendo 3DS license, anti-piracy measures detailedxnamkcor 2011-05-17 18:46
No it YES did came with a Wifi switch.

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+4 # RE: RE: RE: Nintendo 3DS license, anti-piracy measures detailedxnamkcor 2011-05-17 18:46
The switch is a soft toggle. The system could override it.

I have nothing to hide when I take a shower. That does not mean I share it with people.

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-2 # RE: RE: Nintendo 3DS license, anti-piracy measures detailedName Required 2011-05-17 17:35
Who the f*** would be taking underage nude photos on a 3DS to begin with, wth do you immediately think of an excuse like that?

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+3 # RE: RE: RE: Nintendo 3DS license, anti-piracy measures detailedxnamkcor 2011-05-17 18:50
Children, parents, teens. For personal use, those photos are legally viable, but for Nintendo to claim copyright to them, that's awkward.

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# RE: RE: Nintendo 3DS license, anti-piracy measures detailedthepariah4231 2011-05-18 01:58
why would you have child porn on your 3DS?

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+2 # RE: RE: RE: Nintendo 3DS license, anti-piracy measures detailedxnamkcor 2011-05-18 14:00
Who said porn? Also, I already answered the question you probably meant to ask.
If you have the same layout, it should be the one right above yours.

Reply
 

 
-3 # RE: Nintendo 3DS license, anti-piracy measures detailedColorblindMonk 2011-05-17 17:12
This shouldn't be that much of a worry to anyone really, but only to those with flash carts. Just buy the games as normal and there's no problem. Past DRMs haven't done much to twart piracy in the past, and this is just in another form. Keep your flashcart out of your 3DS and they won't do anything.

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+3 # RE: RE: Nintendo 3DS license, anti-piracy measures detailedUltimaXX 2011-05-17 19:10
And just pray to FSM that your power supply doesn't fail for whatever reason during one of those unauthorised updates.

Yeah, can't see how that could possibly be an issue for your run-of-the-mill owner.

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+3 # RE: RE: Nintendo 3DS license, anti-piracy measures detailedUltimaXX 2011-05-17 19:18
Quote:
If you have nothing to hide then it shouldn't be a problem.

That train of thought is a dangerous one. A very very dangerous and naive one. I can't even be bothered to respond intelligently to something like this.

Orwell was only half right; he didn't get the bit about money filling the role of government here in the West. Just make up rules as you go along, politicians literally can't afford to refuse you.

This is all illegal in so many ways here in the EU, but oh no! Wait! There's an EULA!

I'm sure the EULA also covers the unintentional (subjective to the consumer) wifi hijacking, which is legally regarded as actual theft here in the UK. (Though I've never seen it actually make the criminal courts)

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+3 # RE: RE: Nintendo 3DS license, anti-piracy measures detailedUltimaXX 2011-05-17 19:18
I hate to get spammy, but damn it QJ, fix your reply button. It's broke.

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+5 # RE: Nintendo 3DS license, anti-piracy measures detailedxp_kiler 2011-05-17 17:46
wait wait wait a minute so if my kids take photo with 3DS and they got on wifi the photos will upload autamaticaly?so if my kids takes a photo i bit disturbant and it upload to nintendo servers what ill happen if hackers hack nintendo server and fall on my kids photo? IS NINTENDO GONE MAD? (O_O)

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+4 # RE: Nintendo 3DS license, anti-piracy measures detailedvitralizer 2011-05-17 18:35
Does Nintendo not realise that they are ENCOURAGING the cracking of the protection through their disgusting use of region-locking? I wouldn't mind having to buy foreign games as long as they WORKED rather than having to pirate them. This is almost as foolish as SONY removing OtherOS.

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+2 # the article writers and half the people here are moronsninecats 2011-05-17 18:39
this article is completely wrong. for one the device will not let you update unless you specifically press yes on the ToS screen before updates. two, the device cannot connect to any wifi unless you set up the connection and the wifi is available, and three its against international laws to remotely brick a persons system even if there is a clause in the ToS because the ToS are not legally binding.

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+4 # RE: Nintendo 3DS license, anti-piracy measures detailedPS360 Owner1 2011-05-17 18:58
Good luck fighting piracy because you'll need it.

Obviously the hackers will hack 3DS and disable the option to install automatic updates.

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+2 # RE: Nintendo 3DS license, anti-piracy measures detailedUltimaXX 2011-05-17 19:08
Please don't put words into my mouth; I never called it a one to one carbon copy of the Patriot Act, I merely drew the parallel to highlight the fact that the reasons we are spoon fed by our superiors aren't always true, are always at our detriment and sometimes don't even tackle the issues they were were implemented for in situations where the intentions were genuine.

For example, in the US, the new scanners at airports? Yeah, explain how a man from Iran accidentally brought a glock onto the plane and didn't realise until he unpacked his suitcase in the United States? Exactly. It's all about keeping up appearences, and right now Ninty are manufacturing a machine that is very possibly prone to randomly breaking, which will probably be cracked anyways with a simple patch resolving the auto-update problem (the dishonest part), but it sounds so damn unstoppable on paper, especially to those who aren't technically minded, that this is bound to look appealing to investors, and to a lesser extent potential developers.

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+3 # randomly breakingxavis75211 2011-05-17 19:23
if it cant read the game source correctly or if the digital download is corrupted, the system might just do that. look at the nice little baby blue brick.

id say they have been taking up the crack pipe like the other two in the gaming industry with this shit. theres no real reason why there should be that much security.

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+2 # RE: Nintendo 3DS license, anti-piracy measures detailedanon12345 2011-05-17 19:21
took a pic of my dick in my 3ds, wanted to see my dick in 3D, well now nintendo has a 3d pic of my dick.

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# RE: RE: Nintendo 3DS license, anti-piracy measures detailedcrait 2011-05-17 20:04
HAHAHAHAHA!!!!! Very true!

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+2 # lolskeetz 2011-05-18 08:46
:eek:

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+1 # hahahalolz 2011-05-18 23:29
me too!

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# omg lolPengitty 2011-05-21 21:16
So did I! I hope they enjoy it. I'll be taking hundreds more. :D

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-1 # RE: Nintendo 3DS license, anti-piracy measures detailedcrait 2011-05-17 19:47
And these updates are going on when my 3DS may die of battery or the battery may being replaced?
Nice, nice.

And no, this will automatically connect to WiFi even if I turn off the WiFi.

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# RE: RE: Nintendo 3DS license, anti-piracy measures detailedTechni 2011-05-19 13:13
You have to enter a password before itll update

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# RE: RE: RE: Nintendo 3DS license, anti-piracy measures detailedcrait 2011-05-19 14:29
WiFi password? There are a lot of unsecure networks where I'm at. At every restaurant, gas station, etc.

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+2 # RE: Nintendo 3DS license, anti-piracy measures detailedCarl A 2011-05-17 20:09
Well, I now know not to take pictures of my girlfriend on my 3ds, Myamoto is gonna be beating off to it.

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+3 # RE: Nintendo 3DS license, anti-piracy measures detailedbobobobobo 2011-05-17 20:17
simple message to nintendo if they happen to ever read what customers think, YOU ARE DUMB F**** i was going to buy a 3ds but what if a friend decides to pop his r4 card in or somthing, MY console gets bricked, forget letting people borrow your 3DS they might just do it to be pricks if you have had an argument, or if people with children let them take it to school or somthing and their friend sticks a flash card in it, THIS CRAP can go SOOOOOO wrong in so many ways, as for the people who mention pictures of children, would that actually make nintendo break the law if they are laying claim to any picture on your ds, i can just see perverts using that in court, the pictures arnt mine they are nintendos. i think nintendo are probably going to have to expand on that crap in their eula before someone tests it out in court

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# WOW!crait 2011-05-17 21:01
WOW! YOU BRING UP AN AMAZING POINT!
I used caps because I really want people to read what you said.
If your friend decides to pop in a flash cart, you're punished??

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+1 # possabletrigger_ftu 2011-05-17 21:06
that is possable. make sure you delete the info on it from your progress list, might not help much but it's a segestion. ether that or put a password on your DS i think the parental controls has something for that.

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+3 # RE: Nintendo 3DS license, anti-piracy measures detailedbearmon2010 2011-05-17 20:40
Remember, Hackers are here to stay as long as portable and consoles are exist. They will find a way, no matter what. Scary!

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# lololololollosh utitpovkidstrikesit 2011-05-18 02:20
Why don't they just buy hardware akin to the 3ds' and Frankenstein that shit into a custom handheld running a custom os built to run their homebrews?

I've got no problem with hackers - these companies are trying to control their products to stop piracy. Pirates just don't want to pay for anything, which is really just childish and selfish.

If people don't like what nintendo/sony/microsoft/etc. are doing with their products then the simple answer is to not buy their products. If you're a hacker with any real talent/skill and you can afford a 3ds/ps3/etc then just do like I said before and build your own system. Form a company all your own that sells open source video game consoles and.. oh wait, right, who would buy one of those? No one. Why? because no devs would make games for them. Why? because their games would get pirated. Why? because that's the biggest reason people have for cracking their systems - to play pirated games. SO basically piracy is the real fuel for hacking a system.

So... fuck off? If you want to play a game that costs 20-90 bucks then go pay for it. You don't like anti-piracy measures? Fuck you for supporting piracy in the first place which is the only reason any company needs to protect their products from being pirated/hacked.

You say fuck me? i say FUCK YOU. Code for pc. Code for mac. Code for linux. make your own OS. Mangle hardware together and make your own personal homebrew player - just stop bitching about BUSINESSES trying to keep their BUSINESSES profitable. Fuck you you cheap little hobos - if you can't afford these overpriced games then WHAT THE HELL ARE YOU DOING SITTING ON YOUR ASS PLAYING THEM ALL DAY? GET A JOB. SAVE YOUR MONEY AND FUND A GOOD EDUCATION. GET A BETTER JOB AND SAVE YOUR MONEY. THEN GO BUY EXPENSIVE VIDEO GAMES.

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-1 # RE: lololololollosh utitcrait 2011-05-18 13:08
I have made my own OS. I have coded for Linux. You can put Linux on DS, PSP, and it was officially on the PS3.
See where I'm going?

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+1 # RE: lololololollosh utitxnamkcor 2011-05-18 14:08
Because those similar powered systems either cost too much or the resellers charge too much. There is a reason people use the DS and PSP for homebrew. Right now you can get a PSP3k for 129 new or a PSP2k for 100. For that, you get something that plays PSX games and lower(except N64, Saturn, Sega CD) quite well. You try to make/buy something that does that and you probably spend 200-300 now. And back when the PSP's price was higher it was probably worse.

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+1 # RE: Nintendo 3DS license, anti-piracy measures detailedInternutter2 2011-05-18 08:04
I am not worried about the WIFI part, i dont have WIFI at home and because I live in London there is no such thing as a free wifi connection, I dont think it will ever update, Hack away Hackers, I am not for piracy but would like all my games on one card so i dont have to carry a lot of games about with me.

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-1 # RE: RE: Nintendo 3DS license, anti-piracy measures detailedcrait 2011-05-18 13:08
YES!

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+1 # RE: RE: Nintendo 3DS license, anti-piracy measures detailedUltimaXX 2011-05-18 16:25
There isn't free wifi, but there ARE unsecured wifi connections from people who haven't configured their internet properly. It doesn't make stealing their internet any less illegal, though... so in the words of Scooby Doo: "ruh-oh!"

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+1 # lolbob franklin 2011-05-18 13:04
I say lol and get over it

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+1 # nude picsMmm Porn 2011-05-19 22:42
the funny thing is i have around 850+ 3d pics sense i have gotten the system at launch and about 700+ if not more of those are highly naughty with me and my girl......whats ever funnier is i don't care =] sure with the daily log they can tell how many pics i have taken and how much time i have spent using my 3ds as a camera but i know for a fact i have no worries what so ever.

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# RE: nude picscrait 2011-05-20 11:27
Yeah, probably because you don't have a girlfriend!!!

Wow, just kidding. :P

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+1 # RE: Nintendo 3DS license, anti-piracy measures detailedsource of light 2011-05-20 21:26
A company rendering useless a product you paid top dollar for should be illegal, regardless of the reason. Automatic updates, modification of files, and viewing private information is only one of several reasons I will never own a 3DS.

I like the "old fashioned" methods of preventing piracy. Things like having to open up the system, buy a modchip, and solder 30 tiny kynar wires with high probability of failure.
Now, anti piracy removes all privacy from even legit users.

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# RE: RE: Nintendo 3DS license, anti-piracy measures detailedmavman42 2011-05-21 13:54
I agree, I went from really wanting a 3DS to Maybe i'll pass, I'm not a hacker, it's just i'm scared a bug will get my 3DS bricked. it can happen!

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# RE: RE: Nintendo 3DS license, anti-piracy measures detailedcrait 2011-05-21 14:20
Yes!
It needs to be illegal and probably already is. But, big companies can get away with whatever they want.

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+1 # RE: Nintendo 3DS license, anti-piracy measures detailedmavman42 2011-05-21 13:50
I like that Nintendo is doing this, but what about our privacy? What if the update read the system files wrong and bricks your 3DS? Computers makes mistakes too. I maen totally bricking your device is little too much. I bet there will be at least one person affected by the update brick.

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# RE: RE: Nintendo 3DS license, anti-piracy measures detailedcrait 2011-05-23 16:53
This is one big thing that Nintendo doesn't care about. They assume nothing will go wrong.
What happens if they have a bug in a new firmware that just makes every game read wrong? Wow, suddenly everyone has a dead 3DS and you can't stop the system from updating.

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# Nintendo 3DS Licensingadmiralgreen 2011-12-26 10:20
Hello.
Because if the rules and the way nintendo are implementing them they are misrepresenting the new 3ds. It should be able to play 3ds game out of the box, as that is how it is advertised. So when you have bought it you find after, the nintendo 3ds that cannot play new 3ds games untill you acept new terms. This is false advertising on nintenos part.
I hope this will be legally proven soon.

Admiral

Reply
 

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