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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james_fudgere: MP, i've sent tech support a note - thank you :)09/23/2014 - 3:14pm
IanCNah that wasnt directed at you Andrew :)09/23/2014 - 3:00pm
Papa MidnightRe: SIEGE 2014 Keynote: oh dear...09/23/2014 - 2:44pm
MaskedPixelanteDear GP, something called "doubleverify" is causing some nasty browser issues on my end. Probably one of your ads.09/23/2014 - 2:36pm
Andrew EisenOh hell no. No, it took Nintendo a dog's age just to get to the point its competitors have been at for a while! (And it's still not there yet, in a lot of respects.)09/23/2014 - 2:26pm
IanCSame as PSN handles it, fi you are trying to say only nintendo do that.09/23/2014 - 2:23pm
Andrew EisenYou have to try to purchase something first. Pick a game, hit purchase and if your wallet doesn't have enough to cover it, you'll be given an option to "add exact funds" or something like that.09/23/2014 - 2:05pm
MonteI have seen no option for that on my 3DS; anytime i want to add funds it only gives me the option to add in denominations of $10, 20, 50 or 10009/23/2014 - 2:03pm
IanCWhat Andrew Wilson said. PSN is the same when you make a purchase over a certain price (£5 in the UK)09/23/2014 - 2:02pm
Andrew EisenNeither eShop charges sales tax either. At least in California.09/23/2014 - 2:00pm
Andrew EisenBoth Wii U and 3DS eShops allow you to add funds in the exact amount of whatever's in your shopping cart. If your game is $39.99, you can add exactly $39.99.09/23/2014 - 1:57pm
Infophile@Matthew Wilson: As I understand it, any regulations to force tax online would also set up an easy database for these stores to use, minimizing overhead.09/23/2014 - 1:30pm
MonteReally, the eshop just does next to nothing to make buying digitally advantagous for the customer. Its nice to have the game on my 3DS, but i can get more for less buying a physical copy at retail. And that's not even counting buying used09/23/2014 - 1:18pm
MonteIanC, The Eshop wallet system only lets you add funds in set denominations and the tax makes sure you no longer have round numbers so you ALWAYS loose money. A $39.99 game for instance requires you to add $50 instead of just $4009/23/2014 - 1:13pm
Matthew Wilsonbut thats just it those sites, even the small ones, sell all over the country.09/23/2014 - 11:12am
Neenekoeither that or it would follow the car model of today. big ticket items are taxed according to your residence, not where you buy them.09/23/2014 - 11:07am
NeenekoI doubt it would be the retailer that handles the tax in the first place. If it goes through it would probably be folded in as a service on the processor end or via 'turbotax' style applications.09/23/2014 - 11:05am
Matthew Wilsonsimple there are over 10k tax areas in the us for sales tax. it would be impossible for small online retailers to handle that.09/23/2014 - 10:55am
IanCWhats wrong with charging tax in an online shop?09/23/2014 - 10:47am
E. Zachary KnightI don't see why it would be that difficult to maintain one. Especially for a news outlet with multiple people on the payroll.09/23/2014 - 9:37am
 

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