Anti-DRM Group Sends Nintendo 200 Bricks

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Anti-DRM Group Sends Nintendo 200 Bricks

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In response to the 3DS' Terms of Service, the Free Software Foundation sent Nintendo a box full of bricks this week.

Since Nintendo's user agreement allows the company to brick, or permanently disable, a user's 3DS, the foundation got the clever idea to "brick" Nintendo. Well, sort of. On May 9, the group posted a call to action, on its site, to send a letter and 200 cardboard bricks to Nintendo of America President Reggie Fils-Aime.

"The Nintendo 3DS is Defective by Design and your Terms of Service are dubious, devious, and defective for the following reasons," the letter's opening reads.

The "Defective by Design" campaign is a response to the handheld's user agreement, which includes clauses that the group feels are unfair to the consumer. Along with Nintendo owning rights to video or pictures captured with the device, tracking user activity, and forcing non-optional updates, Nintendo has the right to "render the system permanently unplayable" if an unauthorized device or mod is applied to the system.

The end of the letter details the requests being made by the group: "Change your terms of service. Tracking a user's activity; claiming a copyright license on a user's data and their creative works; and bricking a user's device if she chooses to modify or use it an in "unapproved" way are intrusive and completely unacceptable, to say the least."

Nintendo responded to the group in an interview with MCV UK. The Nintendo spokesperson pointed out that the European 3DS doesn't have the same terms and is "in compliance with European requirements."

A recent Defective by Design blog post responded: "Wow. Nintendo is admitting that the Terms they are attempting to enforce elsewhere are so awful, they are illegal in the European Union!"

Source: Defective by Design, via Giant Bomb

Permalink

Nice, now if we just count the number of people who sent bricks we'll know how many butthurt pirates there are!

Aeshi:
Nice, now if we just count the number of people who sent bricks we'll know how many butthurt pirates this affects!

Then we could erect a brick monument to them.

I think some people are jumping the gun here. How is this any different than what most smartphones do? The pirates are going to find a way around this feature anyways. The legacy of the PSP proved that. I have yet to read about a single unfair bricking yet, so who's really being affected here?

Aeshi:
Nice, now if we just count the number of people who sent bricks we'll know how many butthurt pirates this affects!

Well, I can say Thanks Escapist, I guess I know I'm NOT going to get a 3DS. I wonder if any of this information is available on the box before you buy the 3DS.

That last line sounded like such troll logic I just........ UGH!

And I might be arguing semantics here, but "defective" implies the product does not work. This is an issue with the Terms of Service for online use and modding. Not the 3DS itself. They just wanted to make a catchy-sounding name.

Thats pure win, if only it was real bricks

Tracking locations i can understand, Bricking it if you screw around with it, annoying but still understandable.

Owning rights to any picture you take? That seems like buying a camera and not owning the film.

Awww, is someone feeling offended that a company can prevent unauthorized modding? Show me a case of an unfair bricking, and I'll consider that you might have a point. Show me cases where you were trying to pirate, and I'll find you a perfect fit for my schadenfreude.

So wait what are they supposed to do with the bricks?

Panzervaughn:
Tracking locations i can understand, Bricking it if you screw around with it, annoying but still understandable.

Owning rights to any picture you take? That seems like buying a camera and not owning the film.

Agreed the bricking issue is because, let's face it, people modding the system are doing so to play pirated games, so without condoning or condemning, I understand. The fact that Nintendo own any pictures or videos though seems far too invasive.

They should make the punishment even harsher. Admit-tingly, that'd be hard to do with a portable system, but Nintendo is inventive. They can think of a way.

allistairp:
The "Defective by Design" campaign is a response to the handheld's user agreement, which includes clauses that the group feels are unfair to the consumer. Along with Nintendo owning rights to video or pictures captured with the device, tracking user activity, and forcing non-optional updates, Nintendo has the right to "render the system permanently unplayable" if an unauthorized device or mod is applied to the system.

Who would have thought that Nintendo has the right to limit your use of their device when you mess with it? =P

God, I wish life didn't overstock on the idiots when it did.

RootBrewski:

Panzervaughn:
Tracking locations i can understand, Bricking it if you screw around with it, annoying but still understandable.

Owning rights to any picture you take? That seems like buying a camera and not owning the film.

Agreed the bricking issue is because, let's face it, people modding the system are doing so to play pirated games, so without condoning or condemning, I understand. The fact that Nintendo own any pictures or videos though seems far too invasive.

Not necessarily. There are a number of people who modify things for reasons other than piracy. Look at all the projects done with modified Wiimotes or Kinects. I think it's arrogant to sell someone a product and then tell them what they can and can't do with it. It would be like a car company killing your engine if you ever exceeded the speed limit.

A recent Defective by Design blog post responded: "Wow. Nintendo is admitting that the Terms they are attempting to enforce elsewhere are so awful, they are illegal in the European Union!"

Owned.

Of course, Nintendo isn't the only company with these crazy ToS.

And then ninty went back to counting their money. This will change nothing.

whoop-dee-doo, these self-entitled brats can cry me a fuckin' river. God my generation is worthless

V8 Ninja:

Who would have thought that Nintendo has the right to limit your use of their device when you mess with it? =P

God, I wish life didn't overstock on the idiots when it did.

Well just think of it this way. What if car companies said that they had the right to destroy any cars that were modded against Factory Specs?

Yes this is only gonna affect Pirates for the most part, but the notion that a company still has the rights to do something to a machine that I've bought and paid for is just unsettling. It eliminates purchasing power and turns it more or less into an extended lease

Avaholic03:

RootBrewski:

Panzervaughn:
snip.

Agreed the bricking issue is because, let's face it, people modding the system are doing so to play pirated games, so without condoning or condemning, I understand. The fact that Nintendo own any pictures or videos though seems far too invasive.

Not necessarily. There are a number of people who modify things for reasons other than piracy. Look at all the projects done with modified Wiimotes or Kinects. I think it's arrogant to sell someone a product and then tell them what they can and can't do with it. It would be like a car company killing your engine if you ever exceeded the speed limit.

Ok, I'll give you that I should have said most modders, as the Wiimote and Kinect prove, however I would say that they are in the minority. And I would disagree about arrogance, as it doesn't seem to be a power trip that they're on but, more trying to mitigate financial losses due to piracy, with arguably heavy handed tactics.

V8 Ninja:

allistairp:
The "Defective by Design" campaign is a response to the handheld's user agreement, which includes clauses that the group feels are unfair to the consumer. Along with Nintendo owning rights to video or pictures captured with the device, tracking user activity, and forcing non-optional updates, Nintendo has the right to "render the system permanently unplayable" if an unauthorized device or mod is applied to the system.

Who would have thought that Nintendo has the right to limit your use of their device when you mess with it? =P

God, I wish life didn't overstock on the idiots when it did.

Who would have thought so many people blindly accept that a device you paid for is owned by the person that sold it to you? :p

How ironic. Seriously, though. What kind of revenge is that?

I wish companies like Nintendo would stop wasting time trying to stop pirates and focus on the bigger problems like stores with trade ins like gamestop. They are losing more than 200X as much money from store like that compared to pirates.

CrystalShadow:

V8 Ninja:

allistairp:
The "Defective by Design" campaign is a response to the handheld's user agreement, which includes clauses that the group feels are unfair to the consumer. Along with Nintendo owning rights to video or pictures captured with the device, tracking user activity, and forcing non-optional updates, Nintendo has the right to "render the system permanently unplayable" if an unauthorized device or mod is applied to the system.

Who would have thought that Nintendo has the right to limit your use of their device when you mess with it? =P

God, I wish life didn't overstock on the idiots when it did.

Who would have thought so many people blindly accept that a device you paid for is owned by the person that sold it to you? :p

n ot saying this is how they should sell consoles, but paying for smething,, that can be taken back from you if you breach the rules is as old as selling.

THe problem is not that things are, but that its not always made clear this is the case which isnt acceptiable.

Im having enough for defending you gamers. Just go get yourself abused. I dont care. Lets see how much you care when the damaging update forces its way into your 200$ brick.

Aiddon:
whoop-dee-doo, these self-entitled brats can cry me a fuckin' river. God my generation is worthless

I'd drink to that.

V8 Ninja:

allistairp:
The "Defective by Design" campaign is a response to the handheld's user agreement, which includes clauses that the group feels are unfair to the consumer. Along with Nintendo owning rights to video or pictures captured with the device, tracking user activity, and forcing non-optional updates, Nintendo has the right to "render the system permanently unplayable" if an unauthorized device or mod is applied to the system.

Who would have thought that Nintendo has the right to limit your use of their device when you mess with it? =P

God, I wish life didn't overstock on the idiots when it did.

You mean Nintendo has the right to limit your device that you own. That is how buying things works, you buy a tv its your tv, you buy a car you own the car. LG doe not own the tv I bought, Dodge did not own my last car that i bought. It is so hard to understand when you buy a 3ds you own the 3ds? Your not leasing it Nintendo does not own what i bought. I traded money for a good now i own that good. Oh i'll add another example Samsung doe not own the cell phone I bought. Ill add one more to see if people understand how trading money for goods and services works. My parents bought an HP tower. In that trade they own the tower the device if you will.

Is there a demographic reason so many of the people who frequent this site don't care about their consumer rights or the future of technology? These threads are always filled with people saying Take that pirates! even when the subject will only hurt consumers without hindering pirates. It's getting almost embarrassing. I definitely won't be buying any Nintendo hardware until they stop trying to do such reprehensible things.

This brings a whole new meaning to the term: constructive criticism.

CrystalShadow:

V8 Ninja:

allistairp:
The "Defective by Design" campaign is a response to the handheld's user agreement, which includes clauses that the group feels are unfair to the consumer. Along with Nintendo owning rights to video or pictures captured with the device, tracking user activity, and forcing non-optional updates, Nintendo has the right to "render the system permanently unplayable" if an unauthorized device or mod is applied to the system.

Who would have thought that Nintendo has the right to limit your use of their device when you mess with it? =P

God, I wish life didn't overstock on the idiots when it did.

Who would have thought so many people blindly accept that a device you paid for is owned by the person that sold it to you? :p

Who would have thought Nintendo would have realized that the product you are purchasing from them just MIGHT be used for illegal purposes.

sunburst313:
Is there a demographic reason so many of the people who frequent this site don't care about their consumer rights or the future of technology? These threads are always filled with people saying Take that pirates! even when the subject will only hurt consumers without hindering pirates. It's getting almost embarrassing. I definitely won't be buying any Nintendo hardware until they stop trying to do such reprehensible things.

Yes, many users on the Escapist have no idea how trading currency for goods and services works. Instead they make the connection Consumer rights equals piracy.

Echo136:

CrystalShadow:

V8 Ninja:

Who would have thought that Nintendo has the right to limit your use of their device when you mess with it? =P

God, I wish life didn't overstock on the idiots when it did.

Who would have thought so many people blindly accept that a device you paid for is owned by the person that sold it to you? :p

Who would have thought Nintendo would have realized that the product you are purchasing from them just MIGHT be used for illegal purposes.

So do cars does that give Dodge or Toyota the right to take away any functionality of my car if i give it after market rims, or some other after market item? SO do computers does that give Asus the right to brick my laptop if they do not like how i use it? So do cameras does that give Nikon the right to take break someones camera? Illegal actives take places in households too i guess Ryan Homes as the right to come and take apart the house i live in, right? Even boats might be used to illegal purposes i guess if someone has a boat the a company has the right o come and take the engine. Why does Nintendo get a special pass?

Your argument holds no water.

that is the funniest reaction i've heard ever.
'the T&C are bollocks.'
'lets send them bricks. and not the good kind, we're saving them for the Pope. make ones out of cardboard.'
it's like something the Joker would do, if the box also contained a bomb and a note. and each brick also contains C4.

Petromir:

CrystalShadow:

V8 Ninja:

Who would have thought that Nintendo has the right to limit your use of their device when you mess with it? =P

God, I wish life didn't overstock on the idiots when it did.

Who would have thought so many people blindly accept that a device you paid for is owned by the person that sold it to you? :p

n ot saying this is how they should sell consoles, but paying for smething,, that can be taken back from you if you breach the rules is as old as selling.

THe problem is not that things are, but that its not always made clear this is the case which isnt acceptiable.

OK, fair enough, but I guess we're getting into a tricky area here, because up until internet connected devices showed up, it was difficult for anyone selling things to even check what you were doing with them.
If you can't check what is being done, being technically allowed to take something back is a moot point.

Echo136:

CrystalShadow:

V8 Ninja:

Who would have thought that Nintendo has the right to limit your use of their device when you mess with it? =P

God, I wish life didn't overstock on the idiots when it did.

Who would have thought so many people blindly accept that a device you paid for is owned by the person that sold it to you? :p

Who would have thought Nintendo would have realized that the product you are purchasing from them just MIGHT be used for illegal purposes.

Lol. Who would have thought Nintendo can decide to stop you from doing things which are in fact perfectly legal?

(Reverse engineering. Modification of hardware & software, have traditionally been legal as long as you aren't doing them for the sole purpose of doing something illegal with the result.
Homebrew software is legal, despite what companies claim. Pirated games are not. But with technical changes to the device involved being almost identical...)

sunburst313:
Is there a demographic reason so many of the people who frequent this site don't care about their consumer rights or the future of technology? These threads are always filled with people saying Take that pirates! even when the subject will only hurt consumers without hindering pirates. It's getting almost embarrassing. I definitely won't be buying any Nintendo hardware until they stop trying to do such reprehensible things.

I would never mod my 3DS or use unauthorized devices (which im guessing is Action Replay), so how does this affect me at all? It doesnt, so my rights arent being infringed at all. Only those who want to cheat the system and pirate games. And dont kid yourself. The majority of the people who would mod their system would do so to pirate games.

What is wrong with you people? This isn't about piracy, it's about owning the things you pay for. The terms of service here make it very clear that you don't own the device, they do. You're just paying for the right to use it. If that's how they want to do it, then fine. The device shouldn't cost any money though, because I'm not buying, I'm just renting it. I shouldn't have to pay such a high price for something I don't even own. And to all of the idiots saying "ZOMG STUPID PIRATES LOLZOR!!!" Modding=/=Piracy

CrystalShadow:
Lol. Who would have thought Nintendo can decide to stop you from doing things which are in fact perfectly legal?

(Reverse engineering. Modification of hardware & software, have traditionally been legal as long as you aren't doing them for the sole purpose of doing something illegal with the result.
Homebrew software is legal, despite what companies claim. Pirated games are not. But with technical changes to the device involved being almost identical...)

You're kidding yourself if you think pirating games isnt the main purpose of modding systems. The reason the PSP was such a terrible failure was because it was so easy to pirate games on it.

totally heterosexual:
So wait what are they supposed to do with the bricks?

Build a bridge, of course. So pirates can GTF over it.

I kid, I kid. But seriously, I do appreciate Nintendo clamping down on the issue of illegal modding, like the R4 cards and such. But maybe rendering the console - which, I might add, ain't cheap - utterly unplayable is a little harsh?
They could temporarily brick it, if you like, and then the only way to reverse this is to take it into an appropriate shop or outlet and have it fixed, more or less proving foul play (but giving you a chance to defend yourself if you are innocent) so Nintendo can deal with it as appropriate.

But then again, there might be ways around this one, I don't know.

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