John from the Free Software Foundation sez,
From reading the Nintendo 3DS Terms of Service, one could be forgiven for thinking that Nintendo is exiting the video game console business and entering the brick-making business.It gets better: Nintendo claims a perpetual, worldwide license to the photos and videos you take with your camera!
The 3DS Terms are a perfect storm of 1) Updates will happen automatically without your specific permission any time the device connects to wifi 2) The device will constantly try to connect to wifi 3) Updates will specifically disable devices found to have modified software or unauthorized peripherals.
On top of that, Nintendo claims a license to photos and other user-generated material on the devices -- and those things are also automatically uploaded, along with user location data gleaned from wifi network proximity.
DRM prevents users from disabling any of these antifeatures, which is why DefectiveByDesign.org has taken an interest, encouraging people to send cardboard bricks to Nintendo. In the wake of all the Sony PS3 news, is this really the direction Nintendo wants to take things?