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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Andrew EisenAnd in the case of Gamasutra?07/28/2015 - 7:54pm
Mattsworknameour concerns about them were well founded.07/28/2015 - 7:50pm
MattsworknameDepends on who you ask, accountable fto it's audiance, accountablie for lies and half truths, accountible for disengenous statements, everyone had there own reasons for going after them. Although in the case of gawker, recent events seem to indicate that07/28/2015 - 7:50pm
Andrew EisenAccountable for... what, exactly?07/28/2015 - 7:48pm
MattsworknameI think the intent was to force some kind of accountabilty on them. Granted As I said ,i wasn't exactly big on the ideas of attacking advertisers but it's a common and well used tactic. Sadly, theres not many other ways of holding media sites acountable07/28/2015 - 7:47pm
MechaTama31With the goal of...? Getting those media outlets to fire or silence the "scum"? That's shitty.07/28/2015 - 7:44pm
Mattsworknamewarned about the scum there assoicating with. Looking at you GAWKER media07/28/2015 - 7:37pm
MattsworknameI think the only reason it was the first action was alot of people felt it was the only option that might have an actual impact. and to be honest, i don't see how they were exactly wrong. Plus, as recent events showed, soem times adverisers need to be07/28/2015 - 7:37pm
MattsworknameTo be honest, I was always kinda on edge about that, while I did not like that those news outlets had acted in the way theey did, i didn't like that we thought boycotting and advertiser attacks were the only recourse07/28/2015 - 7:36pm
MechaTama31And after AE questioned that same analogy, I described it as extreme hyperbole.07/28/2015 - 7:36pm
E. Zachary KnightMecha, The "bullying and threatening" thing is from an earlier shout by Matt. I asked you tht question because you compared the petition to someone threatening to shoot your child.07/28/2015 - 7:35pm
Andrew EisenBy the way, if anyone can see into alternate timelines, I've got $20 that says Target would have ignored the petition had it been presented at the game's launch instead of over a year later.07/28/2015 - 7:34pm
MechaTama31Write a "Gamers are Alive" article. Make a video highlighting positive things about games. Counter your opponent, don't try to silence them.07/28/2015 - 7:33pm
MechaTama31EZK: Who exactly are you quoting with "bullying and threatening"? But yes, I think attacking someone's livelihood because you disagree with their opinion is underhanded and damaging to discourse.07/28/2015 - 7:30pm
E. Zachary KnightOh no. A successful online petition could embolden people to do... what exactly? Do another online petition?07/28/2015 - 7:30pm
Andrew EisenToo bad the counter petition wasn't as popular. But again, yeah, it sucks. For the reasons I've stated over and over now.07/28/2015 - 7:29pm
MechaTama31otherwise want to.07/28/2015 - 7:27pm
MechaTama31AE: I mean like right and wrong, not like true and false. And even the perception that the petition worked could be damaging. It could embolden these types of people in the future, and make it less likely for a retailer to puch back even if they otherwi07/28/2015 - 7:27pm
Andrew EisenBut yes, it is a damn shame that Target decided to kowtow in this case, best business decision or not.07/28/2015 - 7:27pm
Andrew EisenNo one's free expression was impinged. Anyone is welcome to petition whatever they want. Anyone is free to counter petition (and did in this case). Target was free to make it's own decision on whether to continue to stock GTA V or not.07/28/2015 - 7:26pm
 

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