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.