Nintendo: Thick as a Brick on 3DS TOS

May 27, 2011 -

As a way to send Nintendo a "message" about the 3DS' Terms of Service (TOS), anti-DRM group Free Software Foundation urged the community to order the company a cardboard brick. The group put out the call for action on May 9, asking the community to send Nintendo a brick for a brick - referring to the 3DS TOS which gives the company the power to "brick" (permanently disable) the system. The goal set was 200 and today the group announced that it has surpassed that goal.

"The Nintendo 3DS is Defective by Design and your Terms of Service are dubious, devious, and defective for the following reasons," the website's opening remarks to the community read.

The TOS is a minefield of questionable ownership claims, a breach of user privacy and overreach of system control. Some of the clauses that are most disturbing include Nintendo claiming ownership rights to videos and pictures captured with the device, user activity tracking, mandatory updates to the 3DS at the company's discretion, and the ability to brick the 3DS if any unauthorized device is used or any type of modding takes place.

The group wants Nintendo to change its TOS, and while Nintendo has begun to respond to the group's complaints, it has not changed anything yet. If you'd like to join in on this virtual protest, check out the Defective By Design website.

Sources: Giant Bomb by way of The Escapist - thanks to Andrew Eisen for the tip.


Comments

Re: Nintendo: Thick as a Brick on 3DS TOS

If Nintendo wanted a 3D pic of my **** all they had to do was ask.

Re: Nintendo: Thick as a Brick on 3DS TOS

I own a 3DS, and it has yet to be bricked, none of the pictures I've taken with either of the cameras, or on Pilotwings or DoAD have appeared on Nintendo's website, it hasn't locked out any of the music I've put on there, the voice recordings I've made haven't mysteriously gone missing... Everything's exactly the way it's been since I bought it on release day.

Oh, wait, there's an OK Go music video here... *Shrug* I don't particularly care.

I'm... not exactly seeing the problem here.

_____________________________________________________________________________

"Power means nothing without honor and pride."

http://grifsgamereviews.blogspot.com My video game review site.

Atlanta Video Games Examiner for examiner.com

Re: Nintendo: Thick as a Brick on 3DS TOS

The problem isn't that they have, the problem is that they can.

-Ultimately what will do in mankind is a person's fear of their own freedom-

Re: Nintendo: Thick as a Brick on 3DS TOS

On the flip side, just because the can, doesn't necessarily mean they will, either.

_____________________________________________________________________________

"Power means nothing without honor and pride."

http://grifsgamereviews.blogspot.com My video game review site.

Atlanta Video Games Examiner for examiner.com

Re: Nintendo: Thick as a Brick on 3DS TOS

Whether they will or not is a moot point.  The complaint is that they can.

-Ultimately what will do in mankind is a person's fear of their own freedom-

Re: Nintendo: Thick as a Brick on 3DS TOS

If it were Sony or Microsoft, I'd be concerned, but Nintendo? Nah, I doubt they'd do anything stupid unless they absolutely had to. If Nintendo wants to upload the pictures I took with the 3D camera to their website, I don't particularly care, as long as I get to keep playing Dead or Alive Dimensions. This game kicks major amounts of ass.

_____________________________________________________________________________

"Power means nothing without honor and pride."

http://grifsgamereviews.blogspot.com My video game review site.

Atlanta Video Games Examiner for examiner.com

Re: Nintendo: Thick as a Brick on 3DS TOS

Yet again, even if they don't the problem is that they can.  It is like your neighbor is suddenly given the legal right to kill you with no questions asked.  Now say that your neighbor is a really nice guy who won't kill you.  Wouldn't you still be bothered that he is allowed to dangle that sword of Damacles over your head?

-Ultimately what will do in mankind is a person's fear of their own freedom-

Re: Nintendo: Thick as a Brick on 3DS TOS

I fail to see how murder even closely relates. But I'll play along.

If you want to assume that the neighbor is your closest friend who's been by your side for 25 years, then no, I wouldn't be bothered at all. He wouldn't kill me unless I gave him a damn good reason to.

It's the same here. Even though Nintendo can, they won't unless you give them a damn good reason to. And you'd pretty much have to do it on purpose, so you can't claim "I didn't mean to!".

Again, I wouldn't trust Sony or Microsoft with this kind of agreement, but Nintendo has yet to give me a reason to not trust them. I'm not going to let paranoia interfere with my video games.

I got enough of that from playing F.E.A.R.

_____________________________________________________________________________

"Power means nothing without honor and pride."

http://grifsgamereviews.blogspot.com My video game review site.

Atlanta Video Games Examiner for examiner.com

Re: Nintendo: Thick as a Brick on 3DS TOS

Basically Nintendo's saying "We still own the system and anything that goes on with it." I can live with a lot of TOS privacy invasion (like if they want to know what games I've been playing, I couldn't give a crap less), but when they start turning into Big Brother, then we got issues. Those photos (and eventually videos) are mine, and what I do with the system is none of their business.

I know they want to maintain a family friendly facade, and if users start moding the system with "hot coffee" games, or using the camera for 3D porn, it's going to look bad, but let's face it; there's nothing Nintendo can/should do about it.

Try this on for size:

"Nintendo 3DS Code of Conduct

Your use of the Nintendo 3DS is subject to this Nintendo 3DS Code of Conduct, which prohibits all harmful, illegal or otherwise offensive conduct, including but not limited to the following:

Misrepresenting, impersonating, abusing, stalking, theatening, or harassing any person or company...

Doing anything illegal, disciminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous or otherwise objectionable in connection with the Nintendo 3DS System or Nintendo 3DS Service."

And yet...

"Nintendo is not responsible for, and to the fullest extent permitted by law, will not accept liability for, anything you say or anything that happens on the Nintendo 3DS System and Nintendo 3DS Service or as a result of your use of the Nintendo 3DS System and Nintendo 3DS Service; you alone are responsible."

They try to control everything that goes on, only to wash their hands of it in the end. I think Nintendo would excel in Congress...

Re: Nintendo: Thick as a Brick on 3DS TOS

I agree with the FSF's message but they tend to be overzealous in pushing it.  But I think they've done a great job of calling attention to this issue and hope that they can bring some changes.

 
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Matthew WilsonWOW is copping EVE. http://us.battle.net/wow/en/blog/18141101/introducing-the-wow-token-3-2-2015 I think its a smart move to deal with gold farmers in this way.03/02/2015 - 1:16pm
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Papa MidnightHas anyone been following this petition by Mark Kern regarding Kotaku, Polygon, and VG247? https://www.change.org/p/kotaku-lead-the-way-in-healing-the-rift-in-video-games03/02/2015 - 11:38am
ZippyDSMleePaypal shuts down Mega's payment system. https://torrentfreak.com/under-u-s-pressure-paypal-nukes-mega-for-encrypting-files-150227/03/01/2015 - 3:25pm
Matthew Wilsonvalvle planning to release a vr headset this year wtf http://www.pcgamer.com/valves-vr-headset-is-named-vive-and-htc-are-making-it/03/01/2015 - 1:05pm
ZippyDSMleeuuuhhhggg in other news been sick since last night.....uuhggg.....I iwsh it did not hurt so much when my tummy wants to leave my body..02/28/2015 - 11:39pm
ZippyDSMleeBrings me to the Q why alt costumes would be needed in competition anyway... http://www.eventhubs.com/news/2015/feb/28/dead-or-alive-community-aims-ban-over-120-overly-sexualized-costumes-dead-or-alive-5-last-round/02/28/2015 - 11:36pm
MonteThough from a business side, i would agree with the article. While it would be smarter for developers to slow down, you can't expect EA, Activision or ubisoft to do something like that. Nintnedo's gotta get the third party back.02/28/2015 - 4:36pm
MonteThough it does also help that nintendo's more colorful style is a lot less reliant on graphics than more realistic games. Wind Waker is over 10 years old and still looks good for its age.02/28/2015 - 4:33pm
MonteWith the Wii, nintnedo had the right idea. Hold back on shiny graphics and focus on the gameplay experience. Unfortunatly everyone else keeps pushing for newer graphics and it matters less and less each generation. I can barely notice the difference02/28/2015 - 4:29pm
MonteON third party developers; i kinda think they should slow down to nintendo's pace. They bemoan the rising costs of AAA gaming, but then constantly push for the best graphics which is makes up a lot of those costs. Be easier to afford if they held back02/28/2015 - 4:27pm
Matthew Wilsonhttp://www.forbes.com/sites/insertcoin/2015/02/28/the-world-is-nintendos-if-only-theyd-take-it/ I think this is a interesting op-ed, but yeah it kind of is stating the obvious.02/28/2015 - 2:52pm
prh99The government probably doesn't need an app, but I was think more along the lines of a company that was going to sell the collected info. “If you're not paying for the product, you are the product” sometimes even if you pay.02/28/2015 - 1:50pm
E. Zachary KnightWhat better way for the government to keep track of you than to get you to install an app that lets you insult the government.02/28/2015 - 11:03am
prh99No, but I looked it up and it's basically spyware. Their privacy policy says their apps tracks among other things your location and browsing habits via cookies.02/28/2015 - 8:20am
Ryan RardinHas anyone here heard of an app called iCitizen? It's basically Yelp for politicians.02/28/2015 - 5:16am
Andrew EisenAh, not linked in the way you (and everyone else) want and expect. That's true.02/27/2015 - 10:06pm
Matthew Wilsonthey are not linked in a way that tracks purchases though. the fact that they have to send a code for the other system shows that they are not linked in the way it counts.02/27/2015 - 9:39pm
 

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