Comments on: Nintendo 3DS license: We'll brick your device if we don't like your software choices, you have no privacy, we own your photos http://boingboing.net/2011/05/17/nintendo-3ds-license.html Brain candy for Happy Mutants Sat, 25 May 2013 06:15:00 +0000 hourly 1 http://wordpress.org/?v=3.4.1 By: Anonymous http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1112591 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1112591 We're going to find out something rather ugly over the next decade or two. We're going to find out that people driven to leadership either in business or government are also driven to look at the rest of humanity as some form of slave or another. And what we're seeing is the process of empowering them with technology that provides a positive feedback to that meme. If the general public does not start realizing this, and acting on it, (It won't do either) the results are going to dire. It's probably as natural as a tsunami after the right kind of earthquake, or the resultant ash fall after a distant volcano erupts. It's just the interaction of the human animal with the toys it makes for itself. Just as the atomic bomb tested and shaped the nature of our politics, this will test our ability to adapt and survive. We’re going to find out something rather ugly over the next decade or two. We’re going to find out that people driven to leadership either in business or government are also driven to look at the rest of humanity as some form of slave or another. And what we’re seeing is the process of empowering them with technology that provides a positive feedback to that meme. If the general public does not start realizing this, and acting on it, (It won’t do either) the results are going to dire. It’s probably as natural as a tsunami after the right kind of earthquake, or the resultant ash fall after a distant volcano erupts. It’s just the interaction of the human animal with the toys it makes for itself. Just as the atomic bomb tested and shaped the nature of our politics, this will test our ability to adapt and survive.

]]> By: Steve Bosman http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1113617 Steve Bosman Wed, 30 Nov -0001 00:00:00 +0000 #comment-1113617 Having just read the agreement text on defective by design a lot of it seems like a paranoid interpretation. The photo license text looks like that of several websites - probably to allow them to use/modify photos without getting sued. I can easily imagine games being created that require the transfer and modification of photos to other users. As it stands, I'm more tempted to send tin-foil hats to defective by design than bricks to nintendo. Having just read the agreement text on defective by design a lot of it seems like a paranoid interpretation. The photo license text looks like that of several websites – probably to allow them to use/modify photos without getting sued. I can easily imagine games being created that require the transfer and modification of photos to other users.

As it stands, I’m more tempted to send tin-foil hats to defective by design than bricks to nintendo.

]]> By: Anonymous http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1113119 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1113119 We should then install upgrades in all "shop" demo 3DS's, so they get turned into bricks XD We should then install upgrades in all “shop” demo 3DS’s, so they get turned into bricks XD

]]> By: Anonymous http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1118242 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1118242 Interestingly the Australian EULA is completely different from the US one. Does not appear as mean spirited. http://www.nintendo.com.au/support/index.php?action=help&helpcatID=205 Interestingly the Australian EULA is completely different from the US one. Does not appear as mean spirited.

http://www.nintendo.com.au/support/index.php?action=help&helpcatID=205

]]> By: Anonymous http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1112867 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1112867 That would be like Canon or Apple claiming copyright on all the pictures you take with their devices. Does Kodak own the copy right on all the film photos I ever took? What moron corporate stooge could possibly think the device MANUFACTURER is the owner of the pictures, not the person taking the photos?!? That would be like Canon or Apple claiming copyright on all the pictures you take with their devices. Does Kodak own the copy right on all the film photos I ever took? What moron corporate stooge could possibly think the device MANUFACTURER is the owner of the pictures, not the person taking the photos?!?

]]> By: johnsu01 http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1112878 johnsu01 Wed, 30 Nov -0001 00:00:00 +0000 #comment-1112878 I had in mind two connections with Sony: 1) The PlayStation network was compromised, leaking lots of personal information. Nintendo is collecting a ton of information here, over the network, posing similar information security problems. 2) Sony has been hotly pursuing device liberators like geohot, largely on the basis of them undermining Sony DRM. Nintendo's response here is to continue to use DRM, and to use it to enforce terms ridiculous enough that there is again incentive to circumvent it. A better lesson for them to learn from Sony would be to stop trying to enforce these restrictions on their users. I had in mind two connections with Sony:

1) The PlayStation network was compromised, leaking lots of personal information. Nintendo is collecting a ton of information here, over the network, posing similar information security problems.

2) Sony has been hotly pursuing device liberators like geohot, largely on the basis of them undermining Sony DRM. Nintendo’s response here is to continue to use DRM, and to use it to enforce terms ridiculous enough that there is again incentive to circumvent it. A better lesson for them to learn from Sony would be to stop trying to enforce these restrictions on their users.

]]> By: Anonymous http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1112630 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1112630 Defective By Design is asking people to help send "bricks" to Reggie Fils-Aime, President and COO of Nintendo of America. See: http://www.defectivebydesign.org/brick-nintendo Defective By Design is asking people to help send “bricks” to Reggie Fils-Aime, President and COO of Nintendo of America. See: http://www.defectivebydesign.org/brick-nintendo

]]> By: Matt http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1112642 Matt Wed, 30 Nov -0001 00:00:00 +0000 #comment-1112642 Something's not right about this story. Why would they upload the pictures? What's the upside? You are going to have way too few Ansel-Adams-with-a-3D-camera masterpieces and *way* too many 3D shots of underaged /b/tards' junk that you now own the license to. Why would a company willingly sign their own death warrant like that? Something’s not right about this story. Why would they upload the pictures? What’s the upside? You are going to have way too few Ansel-Adams-with-a-3D-camera masterpieces and *way* too many 3D shots of underaged /b/tards’ junk that you now own the license to. Why would a company willingly sign their own death warrant like that?

]]> By: Anonymous http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1112645 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1112645 Just wait till a news team gets wind of the fact it automatically uploads photos taken with the device and connects that with the fact children could take pictures of themselves partly or fully unclothed. Just wait till a news team gets wind of the fact it automatically uploads photos taken with the device and connects that with the fact children could take pictures of themselves partly or fully unclothed.

]]> By: Anonymous http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1113669 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1113669 Not THIS again. First of all, this was debated to hell and back when the 3DS came out. Second of all, the "updates" refers to streetpass and spotpass data, it does NOT refer to actual firmware updates. Not only are forced firmware updates of a battery-operated device incredibly stupid and dangerous, legally and from a PR standpoint they can't do that. Same goes for bricking, the warning was mis-read, it basically means that they cannot guarantee that it will continue to work if you hack it, it does not mean they can brick it on purpose if you do. Not THIS again.

First of all, this was debated to hell and back when the 3DS came out.

Second of all, the “updates” refers to streetpass and spotpass data, it does NOT refer to actual firmware updates. Not only are forced firmware updates of a battery-operated device incredibly stupid and dangerous, legally and from a PR standpoint they can’t do that.

Same goes for bricking, the warning was mis-read, it basically means that they cannot guarantee that it will continue to work if you hack it, it does not mean they can brick it on purpose if you do.

]]> By: Jake0748 http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1112650 Jake0748 Wed, 30 Nov -0001 00:00:00 +0000 #comment-1112650 Wow... I was in a game store a few days ago and I played with one for a couple minutes. How much of my stuff does it own now? Wow… I was in a game store a few days ago and I played with one for a couple minutes. How much of my stuff does it own now?

]]> By: Anonymous http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1112653 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1112653 I agree with cinemajay - I'll stick with my old DS Lite. I agree with cinemajay – I’ll stick with my old DS Lite.

]]> By: Gutierrez http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1112658 Gutierrez Wed, 30 Nov -0001 00:00:00 +0000 #comment-1112658 So would Nintendo be in possession of child pornography if they upload the inevitable images some teens will take of their, how they say, "junk?" So would Nintendo be in possession of child pornography if they upload the inevitable images some teens will take of their, how they say, “junk?”

]]> By: johnsu01 http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1112916 johnsu01 Wed, 30 Nov -0001 00:00:00 +0000 #comment-1112916 Yes, you can turn *all* wireless off. But if wireless is on at all, like to use features on the device, the user is unable to prevent Nintendo remotely accessing and updating the device. I don't think crippling functionality on the device in order to protect data is an option for most people. There doesn't need to be a geolocation service on the device. If they retrieve the name and mac address of the wireless access points to which you are or have been connected, then they can run that information through a location database themselves. It doesn't matter that this is not marketed as a feature to users directly, or that there is no user interface for it on the device. There's a shell script floating around online where you can get your own laptop location based on wireless access point data, just by talking to the public APIs; and it works pretty well. Pretty sure Nintendo can do the same with your access point data :). I'm also pretty sure that Nintendo can access the SD card.. And if not, they can push a software update to give them that access. Taking them at their word, there's no reason to think data on a card is any safer. I'd like to be skeptical too, but unfortunately I think the story is accurate. Yes, you can turn *all* wireless off. But if wireless is on at all, like to use features on the device, the user is unable to prevent Nintendo remotely accessing and updating the device. I don’t think crippling functionality on the device in order to protect data is an option for most people.

There doesn’t need to be a geolocation service on the device. If they retrieve the name and mac address of the wireless access points to which you are or have been connected, then they can run that information through a location database themselves. It doesn’t matter that this is not marketed as a feature to users directly, or that there is no user interface for it on the device. There’s a shell script floating around online where you can get your own laptop location based on wireless access point data, just by talking to the public APIs; and it works pretty well. Pretty sure Nintendo can do the same with your access point data :).

I’m also pretty sure that Nintendo can access the SD card.. And if not, they can push a software update to give them that access. Taking them at their word, there’s no reason to think data on a card is any safer.

I’d like to be skeptical too, but unfortunately I think the story is accurate.

]]> By: mn_camera http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1113687 mn_camera Wed, 30 Nov -0001 00:00:00 +0000 #comment-1113687 Step one: View the piece above where Lady Gaga (why is she famous?) demands copyright of all photos taken of her. Step two: Take photos of Lady Gaga with one of these. Step three: Sit back and enjoy the fight. Step one: View the piece above where Lady Gaga (why is she famous?) demands copyright of all photos taken of her.

Step two: Take photos of Lady Gaga with one of these.

Step three: Sit back and enjoy the fight.

]]> By: Anonymous http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1112664 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1112664 thats disgusting. Something else than carboard bricks should be done. I was planning on doing some 3d stop motion with the thing, but now i wont go even near it. thats disgusting. Something else than carboard bricks should be done. I was planning on doing some 3d stop motion with the thing, but now i wont go even near it.

]]> By: grikdog http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1112665 grikdog Wed, 30 Nov -0001 00:00:00 +0000 #comment-1112665 Talk about in-your-face! That's reel ThreeDee! Talk about in-your-face! That’s reel ThreeDee!

]]> By: Anonymous http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1113434 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1113434 Or... just don't agree to the terms of service? Unless you have a real need to go on the web, you don't actually have to agree. Or… just don’t agree to the terms of service? Unless you have a real need to go on the web, you don’t actually have to agree.

]]> By: Anonymous http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1120347 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1120347 This is the most hilarious piece of garbage article I have ever read, and what's more hilarious? The public masses are falling for it. Talk about mind control. You try to blame things like game companies and corporations for wanting to steal your souls and identities when, in truth, it's the media. Welcome to the real world, you're all rats in a bigger experiment and you just found the cheese. This is the most hilarious piece of garbage article I have ever read, and what’s more hilarious? The public masses are falling for it. Talk about mind control. You try to blame things like game companies and corporations for wanting to steal your souls and identities when, in truth, it’s the media. Welcome to the real world, you’re all rats in a bigger experiment and you just found the cheese.

]]> By: SonOfSamSeaborn http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1112936 SonOfSamSeaborn Wed, 30 Nov -0001 00:00:00 +0000 #comment-1112936 I trust that somebody will post details of which URLs or IP addresses to block on your home network. Still, terrible policy which has lost another customer here too. I trust that somebody will post details of which URLs or IP addresses to block on your home network. Still, terrible policy which has lost another customer here too.

]]> By: Anonymous http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1113198 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1113198 In the US, it's a federal crime to collect personally identifiable information about kids under 13 years old without their parents' explicit, authenticated consent. And service providers know this. That's why a lot of popular web sites formally forbid under-13s from making accounts. So clearly someone hasn't thought something out here. In the US, it’s a federal crime to collect personally identifiable information about kids under 13 years old without their parents’ explicit, authenticated consent. And service providers know this. That’s why a lot of popular web sites formally forbid under-13s from making accounts.

So clearly someone hasn’t thought something out here.

]]> By: Matt http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1112689 Matt Wed, 30 Nov -0001 00:00:00 +0000 #comment-1112689 Not just in possession of CP, but license holders with the right to sub-license, which to me sounds like intent to distribute child pornography. Also they would likely be in possession of pictures of trade secrets, photo-reproductions of copyrighted materials, classified information, and untold number of images of people who have signed no model release. Not just in possession of CP, but license holders with the right to sub-license, which to me sounds like intent to distribute child pornography.

Also they would likely be in possession of pictures of trade secrets, photo-reproductions of copyrighted materials, classified information, and untold number of images of people who have signed no model release.

]]> By: howaboutthisdangit http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1112695 howaboutthisdangit Wed, 30 Nov -0001 00:00:00 +0000 #comment-1112695 Well, that makes my buying decision much easier. Nintendon't. Well, that makes my buying decision much easier. Nintendon’t.

]]> By: Anonymous http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1112697 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1112697 that is disgusting. I think a lot more than some cardboard bricks needs to be done. that is disgusting. I think a lot more than some cardboard bricks needs to be done.

]]> By: zyodei http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1112702 zyodei Wed, 30 Nov -0001 00:00:00 +0000 #comment-1112702 I was thinking of getting one for my kid. Thanks for making my decision easy, Nintendo. I was thinking of getting one for my kid. Thanks for making my decision easy, Nintendo.

]]> By: The Turnip Master http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1112705 The Turnip Master Wed, 30 Nov -0001 00:00:00 +0000 #comment-1112705 Though it's definitely an extreme measure and would eliminate any Wi-Fi multiplayer capability, is there anything that would prevent you from opening it up and physically removing the antenna, then using whatever homebrew software you please? Though it’s definitely an extreme measure and would eliminate any Wi-Fi multiplayer capability, is there anything that would prevent you from opening it up and physically removing the antenna, then using whatever homebrew software you please?

]]> By: Stooge http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1113219 Stooge Wed, 30 Nov -0001 00:00:00 +0000 #comment-1113219 But wouldn't it be better if the outcry were about something, you know, real? The 3DS does not automatically upload photos and all user-generated content, and, as is made clear by actually reading the EULA, the content license Nintendo requires is for the 3DS online service. If you find something sinister in a publisher requiring your consent before publishing your content, then you may not care to reply as Boingboing requires a similar license of you for your comments on this site. But wouldn’t it be better if the outcry were about something, you know, real?

The 3DS does not automatically upload photos and all user-generated content, and, as is made clear by actually reading the EULA, the content license Nintendo requires is for the 3DS online service. If you find something sinister in a publisher requiring your consent before publishing your content, then you may not care to reply as Boingboing requires a similar license of you for your comments on this site.

]]> By: Anonymous http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1112735 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1112735 uhm.. that is not true? at all? There is a switch available to turn of wireless communications at ANY point in time. The photos are by default saved on an external SD, and there is no geolocation service on 3DS :) so there you have it :) Anything else or maybe sony plans to bring more negative propaganda? Nintendo in fact doesn't even ask you about your year of birth, and doesn't ask you ANYTHING that could be used to prove your identity, AND it uses only anonymous cards, points linked to your device SN (anonymously) in order to purchase software online. Nintendo has the most safe and respectful service there is to such a degree, that some times turns against them. uhm.. that is not true? at all?

There is a switch available to turn of wireless communications at ANY point in time. The photos are by default saved on an external SD, and there is no geolocation service on 3DS :) so there you have it :) Anything else or maybe sony plans to bring more negative propaganda?

Nintendo in fact doesn’t even ask you about your year of birth, and doesn’t ask you ANYTHING that could be used to prove your identity, AND it uses only anonymous cards, points linked to your device SN (anonymously) in order to purchase software online.

Nintendo has the most safe and respectful service there is to such a degree, that some times turns against them.

]]> By: Anonymous http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1114531 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1114531 I like how no one was on top of Facebook about this. They claim all rights to your info, and photos. And you Agree to consent when you make your account. They can use your data and photos however they like. I think if you can live with Facebook doing it (which is not as exciting as a match online with Dead or Alive: Dimensions), I think you can live with them taking a few 3-D photos to see how people are interacting with the 3-D effects. People like to look at the negatives, more than the positives. Rather than intruding into your life, maybe they're seeing what updates they can do to make your experience better (Like Photo Channel 1.1 on Wii). I like how no one was on top of Facebook about this.

They claim all rights to your info, and photos. And you Agree to consent when you make your account. They can use your data and photos however they like.

I think if you can live with Facebook doing it (which is not as exciting as a match online with Dead or Alive: Dimensions), I think you can live with them taking a few 3-D photos to see how people are interacting with the 3-D effects.

People like to look at the negatives, more than the positives. Rather than intruding into your life, maybe they’re seeing what updates they can do to make your experience better (Like Photo Channel 1.1 on Wii).

]]> By: Freek http://boingboing.net/2011/05/17/nintendo-3ds-license.html#comment-1112997 Freek Wed, 30 Nov -0001 00:00:00 +0000 #comment-1112997 That's making quite a few assumptions. Sure, it's technologiclly possible, but Nintendo doesn't have a history of doing any of that. Infact, it's verry protective of it's family friendly image. It only takes one article saying "Nintendo stole your family fotos" for that to be destroyed and their sales along with it. It makes no sense to asume Nintendo is tracking you and stealing your photos because of a verry silly Terms of Service document. Something that's atached to pretty much every device you own right now. Less FUD, more solid evidence please. That’s making quite a few assumptions. Sure, it’s technologiclly possible, but Nintendo doesn’t have a history of doing any of that. Infact, it’s verry protective of it’s family friendly image.
It only takes one article saying “Nintendo stole your family fotos” for that to be destroyed and their sales along with it.

It makes no sense to asume Nintendo is tracking you and stealing your photos because of a verry silly Terms of Service document. Something that’s atached to pretty much every device you own right now.
Less FUD, more solid evidence please.

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