Nintendo can brick 3DS at will?

[Darkmoon]

OK, so I'm sure a lot of you good folk have already seen this on other sites, but I figured I should post it up on account of being a kind and generous person. I admit, I've not been hugely impressed by the 3DS but this is getting silly...

http://www.defectivebydesign.org/nintendo

Basically, in the TOS for using your 3DS, you give Ninetndo the right to everything on the 3DS. You take a picture with the camera? Nintendo's property. Records of which games you played? Nintendo! Your named and personal information is theres to sell as they wish.

Worse, if you in any way modify a 3DS, they can remotely brick it, which violates it's warranty and so you'll need to pay to unbrick it. Which, apparently, Nintendo isn't actually sure is possible. So you'll have to pay for something that might not actually work.

I mean...wow. Nintendo is going to end up with the right to a lot of cheap amateur porn. Maybe that's the plan? Sleazy3d.com will be there newest investment? I dunno. Still, this would make me back away from buying any piece of tech. And given I'm already concerned over the 3D system and my kids eyes (Yes, I know it's apparently been disproven and you can turn it off - I'm a parent. I worry) this has moved from a, 'Maybe when it's dropped a good chunk of the price I'll buy it' to 'fuck no, get it away from me.'

And yes, if any of the consoles try this I'll pull the plug on there interwebs. My information, thanks all the same.

[Wrathborne]

WTF? Why is Nintendo pulling an Apple all of a sudden?

[Dracarys]

The Wii says the same, as does PS3 and Xbox.

[Beanovsky Durst]

The Wii says the same, as does PS3 and Xbox.

And we still have soft mods, hard mods, flashing, usb keys and what not. People will find a way to bypass these measures. For good or bad.

[rewak]

I don't think it's so much their new methods of piracy control, it's the tracking of information and ownership of that information that's the issue. They could legally do whatever they wanted with anything you put in including names, addresses, that sort of stuff. The pictures thing is just plain wrong too, even Apple don't stoop that low.

[Darkmoon]

The Wii says the same, as does PS3 and Xbox.

I've never seen anything about them owning any stuff you put on the machine forever, and having every right to sell it. I don't even recall seeing, 'If you do anything we don't like with the machine, we'll brick it' and I kinda agree with that one. It's harsh, but as long it's made clear that it can happen...

But yeah, it's the idea that Nintendo can own images of my family that freaks me out.

[Dracarys]

But yeah, it's the idea that Nintendo can own images of my family that freaks me out.

Do you use facebook? Every photo, comment or whatever you post on that they claim a right to.

[Darkmoon]

For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

So yeah, Facebook has the right to use stuff - but only so long as you keep it on Facebook, and you can remove it any time you want. It's still cheeky as hell, I grant you, but when you find out you have the choice to remove it.

Nintendo hasn't added that little clause, so they own any images you take forever. Regardless of what you want. And you can't delete it to stop that ownership. At least, as far as I know. It's poossible the quote on that page is incomplete.


Edit: Here's the Nintendo version. It's a little more...marketable.

By accepting this Agreement or using a Nintendo 3DS System or the Nintendo 3DS Service, you also grant to Nintendo a worldwide, royalty-free, irrevocable, perpetual, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content in whole or in part and to incorporate your User Content in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. (Chapter 1, Nintendo 3DS End User License Agreement)

[Mr. Spencer]

What possible use could they have for someone's pictures?

[rewak]

Well you'd think none but then why bother adding the clause that they own them? Also about Facebook, if you add a picture there you're uploading it yourself, i'm guessing with the 3DS even if you're just using it as a storage device for pictures and not uploading them online they can still take them remotely from the device, that's very different.

[Darkmoon]

As I understand the 3DS, it will connect to a suitable wireless and send data back to Nintendo, whether you want it to or not possibly, but I assumed it was purely what game you were playing, how long, etc. That kinda stuff.

[TenderRondo]

As I understand the 3DS, it will connect to a suitable wireless and send data back to Nintendo, whether you want it to or not possibly, but I assumed it was purely what game you were playing, how long, etc. That kinda stuff.

Nintendo has always been closed minded. It's not surprising, it's also why I haven't invested in a Zelda playing machine. Wii friend codes anyone?

[Pikminister]

What possible use could they have for someone's pictures?

I dunno about you, but these conspiracy theorists might be on to something...

I mean, we regularly trust AT&T, MS, Google, Apple, Facebook, Twitter and a very long etcetera of big corporations that have ties with advertising companies and even our local Feds. We trust them every day with our personal info and pics. No Big brother conspiracies stick to those guys.

But when a company that is merely and exclusively a game company wants to take a peek at OUR NSFW 3D pics? Oh boy... all bets are off. Get those pitchforks ready!

Nah, perhaps Mario is a perv... but he's a harmless perv.

[Bertha]

Want to know what's even more amusing? Dead or Alive 3ds was banned as child porn in Sweden for being child porn.

[Darkmoon]

A who with a what now? I haven't touched a Dead or Alive game since...well, ever. I'm always terrified the controller will end up being sticky. But child porn? Why? How?