So, Nintendo didn't like that I was selling a Sky3DS ...

Well the story starts that I wanted a new 3DS and I saw someone selling a used new3DS (lol) for R$1000, with case, charger and sky that I don't wanted, I asked a friend that owe me some money to borrow me a bit and kill his dept, but before getting it I asked another friend if she wanted the sky, since she don't wanted a CFW and games are very expensive here lol, she wanted it and I got everything.
Not much time it arrived, and that friend gave up because she lost her job, so I put it to sale online on "Mercado livre" a bit more overpriced xD (I wanted to sell her for R$220, decided that for another friend would be R$250 with 8gb sd, and asked R$300 in the Mercado with the same SD lol. R$300 the price around of SKY or GW here ), so well, I've got some question but no one bought it yet...
And today I just got THIS:
View attachment 54670
"Hello

It was necessary to pause your sales [sky 3DS yadda yadda] Because nintendo of America/Inc complaint informing that this product breaks rights from the autor (ex: illegal copy of a movie, a movie, a book, a painting).

We want you to still sell in your site, For that we ask you to answer this report with a documentation to proof that this produt is legally right and do not viloates any righst of intelectual property.

[answer the complaint]

You have until 06/07/2016 (d/m/y) to answer. If not, we would be will be forced to close your sale and apply sanctions that could suspend your account .


Best regards,
Mercado Livre Team "


I think this is close enough :v

*Values in BRL (Brazilian Reais)

It's saying that my sale needed revision because >>NINTENDO OF AMERICA<< reported it saying that it is illegal and stuff (ok they aren't wrong here)
They also tell I could show documentation proving this is not illegal, I sent a message complaining about they bad services here, with stupid prices on eshop for digital content and no price based on the region reality (like psn and steam have, at least a bit )and no support at all, and coming here to report me, an random guy selling a used SKy3DS while there a lot of other doing the same or being a re-seller, selling hacked console ou the hacking service/tutorials, people really having profit from piracy, I just want to pay back my friend xp


Well what mostly disturbs me here is that, Actually I was.. I'm trying to call nintendo/game freak attention, the way I can , I want them to notice my logos at least to give me an opinion, to talk and I me able to understand and learn more about the creation/edition part (some that know me, know that I'm very critic about localizations :v haha ) and I can't.... btw I did an "ilegal step" (how to call it?) that was selling an pirate product and maybe I gonna be punished for that by losing my account on that site or maybe worse... but when I try to show my creativity and stuff I do and what like about them, I get no attention?
I'm a stupid grain of sand of artists wanting to work on nintendo/with games, but also the same way I'm a stupid grain of sand breaking these small copyright laws, but HERE I got spoted? WHY???
... oh well xp

Update1:
I just answered them, but it made my ad needed be closed, I've got this :
6RExRrp.png

Why they did start with "Hola" this time? :v
Hola
It was necessary to finalize your [Sky 3ds yadda yadda ]ad because Nintendo of America / Inc refused to answer you submitted and confirmed that the offered product infringes the author's rights (ex .: illegal copy of a movie, a video, a book, a painting) and violates intellectual property rights.

I think nothing worse than getting the ad closed gonna happen after that

I've just created it again ...

Update 2
I've got the ad paused and warned again .. but this time by microsoft?????
WTF, actually??
KV3prLF.png

Just change "nintendo of america" of the first image to microsoft, to get a translation of this :B
ok ... now what??


Update 3 [25-07-2016]

Well this went the same way, the ad removed and nothing ... but really... with microsoft? =3=

But now I've sold it!For less than I wanted but was, I've just put on a facebook group and a guy came wanting it because his 3DS was EUR and updated, and he can't play stuff XD
Well, hope he make a good use of it and don't be sued trying to sell it someday :v

Maybe this end this history unless something worse than removed ads happen to me because of that :v
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Holy shit.

@Boogieboo6 it literally says they needed to suspend his ad as Nintendo of America denounced it, saying that it infringes copyrights.
 
"Hello

It was necessary to pause your sales [sky 3DS yadda yadda] Because nintendo of America/Inc complaint informing that this product breaks rights from the autor (ex: illegal copy of a movie, a movie, a book, a painting).

We want you to still sell in your site, For that we ask you to answer this report with a documentation to proof that this produt is legally right and do not viloates any righst of intelectual property.

[answer the complaint]

You have until 06/07/2016 (d/m/y) to answer. If not, we would be will be forced to close your sale and apply sanctions that could suspend your account .


Best regards,
Mercado Livre Team "


I think this is close enough XD
 
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Understandable, you'd not get away with that for long on eBay either. eBay also is the largest common stock owner in MercadoLibre.

Maybe try selling it locally? or even on GBA Temp?
 
I see... well I know I'm not right here anyway :v
Well my main plan actually wa strying to sell to another friend but I can't find interested, so I went to internet

GBATEMP I think is not good because everyone can get it at a better price and lower shipping fee...
 
Nintendo has no right over "copyright" in that ad whatsoever. Their claim is absurd and bullshit.
They don't have rights to the Sky3DS and even if they did they can't prevent second hand sales because that'd override Brazilian law. Of course they have copyrights over the 3DS, but as said before, they can't prevent second hand sales.
The only possible grounds for their claim would be if you were advertising a 3DS + Sky + Preloaded games and even then it'd be shaky grounds.
They're just fear mongering and if you aren't offering preloaded pirated games you have nothing to fear, as a sky3ds could be used for homebrew which is not infringing any copyrights. If they can't prove the 3DS has been tampered with to play pirated games, or that the sky is being used for piracy their case falls apart and they'd be laughed out of court. Remember, the burden of proof lies in the accusing party.

tl;dr they're bullshitting and their ass is sore for not implementing better software security. Call them out on their bullshit and look in your legislation for something akin to USA's first sale doctrine.
 
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Hmm, you could try relisting it as an Micro SD Card Adapter for Nintendo 3DS and cover the sky3ds name in the pictures.
 
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@RepeatingDigits
well, so maybe I know what could happened... someone asked if it comes "with games ready to play", I told that was just something to test the cart, not fixed to play online or something ... maybe I bit the bait? :/
Anyway it wsn't an " yes it full of free game$$$$ hiahiahia" =3= it could be just be like... zelda oot 3D demo? hahah (I gonna do that but don't say it come with something anymore:P lol)

Bubsy Bobcat
This sound funny generic XD but I understand that... but it could be hard for someone to find it?


Anyway, I deleted the paused ad and made a new ... hope to sell it sooner than something like that happens again XD and I'm afraid to something bad happens :B
 
"as a sky3ds could be used for homebrew"
The only thing a Sky3DS(+) can be used for is to play "backups" (it's only a cartridge emulator).
 
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Even if it can be used for backups only, if they can't prove you're actually using the thing for that purpose their argument is invalid.
 
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Yeah, sure.

Though you'll need to be creative to find a shitty argument that will pass.
 
The Sky3DS circumvents copy protection which I believe under the DMCA makes them illegal, the law varies by country though, so I wonder if it really is illegal under Brazil law... I would guess not but I don't know the law there.
 
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well, I got a new message here telling that they had to finish my ad and stuff, so I think nothing worse gonna happen?
6RExRrp.png

Why they did start with "Hola" this time? :v
Hola
It was necessary to finalize your [Sky 3ds yadda yadda ]ad because Nintendo of America / Inc refused to answer you submitted and confirmed that the offered product infringes the author's rights (ex .: illegal copy of a movie, a video, a book, a painting) and violates intellectual property rights.

If you are not in accordance with the complaint that Nintendo of America / Inc made, please contact the company: (Maybe I can ask for a job here? lolol)

Nintendo America
Representative from Nintendo of America / Inc
[email protected]

Consider that advertise products that violate intellectual property rights is a violation of the law and our policies. Therefore, this offense will be recorded in its history and may lead to suspension of your account. (This is what I'm worried :B anyway ...)

We regret what happened

Regards,
Team MercadoLivre
 
rip. Is it me, or they wrote "Hola"? O.o Pretty sure that's not a Portuguese word, but a Spanish one. lol Am I wrong?
 
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A Sky3DS, while it can run 3DS roms, is not a nintendo product, therefore nintendo should have no right to cancel a sale of another product.

apparently some people think otherwise.
 
G
Huh, so since there's no "Nintendo of Brazil" then Nintendo of America still butts in whenever they find convenient enough.
Correct. That's Spanish not Portuguese.

Portuguese = Olá
Spanish = Hola
 
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