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PoV: Can Nintendo brick your 3DS? |
Listed in: Nintendo 3DS Tags: DRM, Nintendo, piracy
As I reported earlier, Nintendo is catching some flak from pro-piracy and console modification enthusiasts for their potential bricking of Nintendo 3DS systems that have flashcart data on them. Can Nintendo actually do this?
For those of you who own a 3DS, you know very well that it requires users to agree to its terms of service upon setup, and every time the firmware is updated. These terms include details on what Nintendo would do if flashcart data is found on the 3DS: brick it.
They can do this, too, because everyone who uses a 3DS agrees to the terms of service. Those same warnings are displayed on every single game that releases for the 3DS as well.
Modders and pirates always resort to the "we can modify it all we want because we bought it." What they don't realize is that it's illegal to make modifications to your games console under the Digital Millennium Copyright Act of 1998. TL;DR: It's illegal because flashcarts and other similar mods circumvent copyrighted encryption technology.
As Wired reported years ago, a man was arrested for hacking game consoles. Techdirt also ran features about how modding consoles are illegal.
But really, Nintendo bricking 3DS systems isn't a big deal. Just don't use a flashcart on them and don't make any other illegal modifications to the system.
Sound off in the comments section below and be sure to join our community forums.
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also the DStwo flashcart works fine and is spoofed as a nintendo DS game just like every other cart!
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No, it does not. At least know WTF you are talking about before speaking. The warning is the same for all their devices.
I already use a DSTwo in my 3DS and I already updated the firmware once.
Zero problems.
This article by Carl stems off an earlier reported piece of news (WHICH WAS FAKE) that the 3DS manual says it will brick your 3DS is you use a third party cart. First of all why would Nintendo use the term BRICK? They wouldn't. Secondly they aren't referring to THIS TYPE OF modification. They are referring to a hard mod.
There is no way for a firmware update to harm your 3DS if you are using a flashcart as the flashcart does not alter your systems software in any way.
"What they don't realize is that it's illegal to make modifications to your games console"
Third party flashcarts do not mod your system so...there you go.
"But really, Nintendo bricking 3DS systems isn't a big deal. Just don't use a flashcart on them and don't make any other illegal modifications to the system."
Again? A flashcart is NOT a modification to the system.
Talk about a horrible piece of news. None of it makes any sense.
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Also, what you are referring to is Nintendo doing a check on your system to see what you've been playing then making a CHOICE to disable your system.
THAT IS ILLEGAL. They can not and will NEVER do such a thing.
Ever hear about a little thing called a rootkit from Sony? Go read up on it. While you're at it, read up on the legislation that came about because of it.
What you are saying is no different then taking your Ford truck into Ford and them finding out you've replaced most of their systems with third party upgrades and they decide to take a sledge hammer to your entire truck. Seriously? That's what you think?
So again, Nintendo WILL NEVER disable your DS hardware simply because you decided to use a third party accessory. The best they can do it to update the DS in a way that will no longer use that accessory.
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That's what got me started on programming for my Palm M500. It was an open platform and I moved onto my PSP. What if Sony bricked my PSP for me making a Hello World?
Yeah, people pirate, but pirating is not the same as Homebrew. You can have anti-piracy practices with self-created homebrew.
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Does applying a new paintjob count as a mod?
Dissassembling the 3DS to apply a better paintjob apply as a mod?
Does taking apart the 3DS to put in cooler buttons or LED's count as a mod?
Does replacing parts that are broken count as a mod?
Does replacing broken hardware count as a mod?
Does replacing broken software count as a mod?
None of this is illegal.
If you buy a PC, you can put any game or software you want on it.
If you buy a 3DS, you can only put Nintendo's software on the 3DS.
Why? They blame piracy, but homebrew isn't piracy. I should be allowed to code my own web browser for the 3DS if I don't like the 3DS's built in.
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I wish there are other defenses than the "we can modify it all we want because we bought it."
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do those mods do that? no? then they aren't illegal
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RIGHT!!!
This is my point!
How does making your own programs break any copyright laws? They don't! That's why homebrew is legal, but they are still bricking your 3DS's for it!!
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Some people don't like the 3DS the way it is or want to add more features to it themselves.
And not all homebrew leads to piracy. Look at the PSP. Sony cannot block homebrew anymore, so they are trying everything they can to make sure that you are not pirating games. There are ways to block piracy without blocking homebrew.
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If I want to replace software on my PC, PSP, 3DS, iPhone, then I will. There is no law against it. The Digital Millennium Copyright Act of 1998 DOES NOT make it illegal to do so.
If it did, it would make it illegal to put Microsoft Word on Mac OSX.
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this one is for the books. "it would make it illegal to put Microsoft Word on Mac OSX"...really,dude? are you really making this statement?
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What if Apple had to approve every program for Mac? You wouldn't have porn programs. You would be limited to what you could do.
(This goes for any OS but I was using Apple as an example.)
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No one ever said this was illegal. You can do that all you want. However, DO NOT expect:
Nintendo to warranty the unit
Nintendo to allow you online with their service
Nintendo software to ever work on it again even if you want to revert back to it's manufactured state.
btw, you can also smash it with a sledge hammer. No one cares. Not even Nintendo.
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I don't mind breaking a warranty or being barred from online experience if I can add more features than any company can. That's the way the law works, but Nintendo is trying to be above the law and force people to be afraid of putting homebrew on their console.
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Can't blame Nintendo for trying the good old scare tactic LOL
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I laughed so hard I almost hurt myself!
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UbiSoft: They used a DRM for their PC games and later on they were cracked.
Now is Nintendo's turn, let's see how long it'll take the hackers to crack it.
Tbh, I never liked 3DS, graphics are better than the regular DS, and has 3D-effect without the need of glasses, but meh, not into it.
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Also for my DS games I rather keep them on one cartridge rather than carry them around.
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When do flashcards alter the software on the 3DS? No I think it's nintendo seeing what Sony did and pulling the whole 1 upsmanship with it.
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Like I said, if you want to do that then build software for the 3DS from scratch that can do it.
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Why don't you want to have them on your 3DS?
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Why can Apple stop people from doing it on the iPad but Mac computers are different?
There should not be closed consumer electronics.
If you want to give up the freedom of putting on your own software on devices, then don't do it to your own. But don't force me out of something that you don't want to do. I can and will do it if I want to. If Nintendo destroys something that I purchased, I will contact them and have my hardware replaced. If they refuse, I will have to get the law involved. I'm not going to let some bully come and break my game system.
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Not because of piracy.
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You and me are on the same plain here.
If I buy something that can run my code, I will do that. It shouldn't brick itself.
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but bricking a system to prevent unauthorized software?
nintendo you can try to stop people from hacking your games/systems but doing this is only gonna make hackers wanna hack it more. your just giving them more reason to well fuck you over lol
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Look, this was debated back and fourth when the 3DS first came out.
First of all, legally and from a PR standpoint they have no way to brick your 3DS on purpose, technically with carts that make themselves look like a legit game or just plain don't add a log entry they can't do it from a technical standpoint either.
Second, this was mis-understood, the automatic updates they refer to are streetpass and spotpass data, NOT firmware updates, it would be unbelievably stupid to force a battery-powered handheld to randomly install a firmware update, I don't even need to explain to the people here (hopefully) why that is a VERY bad idea.
Finally, the supposed bricking clause refers to the fact that they cannot guarantee the system will continue to work properly if its hacked, not that they have the right to track you down and brick your system.
Seriously, lets not dig up this argument AGAIN. Nintendo isn't commenting on it because they are making pirated run scared everywhere when they didn't even mean to and laughing about it, while knowing they won't get into any legal trouble because they AREN'T going to brick systems and force updates as people wrongfully assume.
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What is with these companies trying to control MY console/Handheld. instead of locking down our consoles. Find better encryption methods for your games. let us do what we want on OUR game systems. you don't see MP3 player companies not allowing us to play MP3s without DRM on them, or DVD players requiring some sort of official private encryption.
Some of the funnest games I've played were Homebrew games. for example, Pocket Physics entertained me for hours. and it was a dead simple game. and completely free. thats what these companies are REALLY afraid of, not getting their fees from the game developers.
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Does this mean original games will stop working on my console as well? (note: I have yet to try an original game so I don't know if it works) That's a big loss for nintendo if I can't buy original games if my whole 3DS is bricked from using that one flashcard
:/
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