1. My devices:
If I buy a computer (this means PCs, smartphones, consoles, TVs,…), I may do anything with it I like, unless it violates laws. Clearly it is not allowed to smash a laptop onto another person’s head, or open the battery to dispose the chemicals into the wood or using it for criminal activities of any kind (this includes copyright infringement).
Laws are not made by the computer manufactures; I hope so at least. Apple, Sony, Nintendo, Asus, HTC,… may not claim power over my devices!
It’s none of their business if I paint my computer yellow with blue dots because I want it.
It’s also none of their business what software I run on it. They are neither legislative, nor executive, nor judiciary. They can’t make any rules form my devices. Unless a law prohibits a usage, it is not illegal.
(I'm not covering the topic warranty in this blog post)
Nintendo, for example, calls every execution of unapproved code “unauthorized modification”. What? I need authorization for running code on my CPU? You’ve obviously lost all touch with reality… (That is what the doctors always told me, when I was a teenager – different story, not today but next time in the botched life category).
They threaten the user by claiming any update may brick the console on purpose (they never did though… I wonder why?!) and/or remove unauthorized content. That is what I would call “Computersabotage” in the sense of the StGB §303b. (Again, translating laws is a nightmare. I’m not skilled enough to do this. §303b contains regulations/degrees of penalty for persons or organizations, who do physical and/or software damage to other peoples computers. A special case of damage to property, §303)
You have to agree to this terms to update. You have to update to play a physical game you already paid for. You get to read this terms after buying. (Disclaimer: I’m not a lawyer, this is no legal advise). As far as I know, EULAs you get to read after paying, are completely null and void. Worthless. At least in Germany.
I paid for the console → I may use the console in any way not prohibited by law.
I paid for the cartridge → I may play the fu..... game no matter what EULA comes after I paid.
“But you clicked on agree, so it is not void.” Yes it is void! I have no choice. If I want to do, what the law allows me to do, I have to click on “agree” but I do not have to agree with it. This is a kind of extortion.
They may not come up with any terms I did not know before buying and a little text on the package like “You have to agree to the EULA inside to use the device” is clearly not sufficient. This text does not make me know beforehand what they want to restrict. I can’t consent to anything without knowledge. And also: I do not have any contract with the manufacturer. I have a contract with the retailer. I buy a computer and simply do not care about what the manufacturer wants.
2. Not my devices:
This is valid for my devices. Nowadays there is another problem: Most devices like smartphones or gaming consoles are tied to some kind of online service. I cannot judge whether the terms for online services are always valid – often enough big companies violated laws in the past – but in general I’m okay with that. If Nintendo says: “Only unmodified consoles may use the online services.” it is their right to do this. For me, they do not even have to provide any reason. The online services run on their computers. So they make the rules! Only they decide who may connect!
The situation is different: The console already runs, my games are playable and if I want to use the online services, I can read the terms before doing so.
Like here on GBAtemp: I read the terms and rules before signing up. I read. I thought about it. Slept a night. Read again… and agreed. And I do my best to not violate the rules. If I want to use this online service (which is true), I have to obey the rules – and not ask where to get any warez (not that I would even care…)
Back to Nintendo. There’s just one problematic point: Banning users of modified consoles from the Eshop. They may do this, it’s their servers. But this is so stupid! Someone hacked their console and still wants to buy something (Not every user of cfw is not willing to pay!). “You modified your console. → You’re a pirate. → You may not buy. Go away and pirate the games!”
On the 3DS they never enforced this – like they do on the Switch (I did not really follow the discussions because I do not own a Switch and probably never will because of their decision about banning from the shop and some other points.)
Why is this a little problematic? It hurts small developers. One can modify their Switch and get banned and still buy Mario, Zelda, Pokemon,… but they cannot legally buy and support indie titles that get no physical release. While I prefer physical over download, many smaller games would simply not exist on consoles if there were no downloads.
3. "Protection" at all costs:
Many people object to my opinion. “The big companies are just protecting their intellectual property. It is their right to do this.” They may have some right to protected their goods from being used without a valid license. But they clearly do not have the right to dictate me what to do and what not on my computers. And they may not damage my computers. Damage? Would a big company damage computers with their DRM? Never… YES THEY DO!
While protecting their intellectual property, big companies often go way too far. A well known example of this is the Sony rootkit distributed on various audio CDs from Sony BMG. This DRM was clearly malware (anti-virus programs do detect in nowadays!). And that is not all. They committed copyright violations on GPL licensed software!
We protect our property at all costs! We control your computer! And we may ignore the licenses of others! Why does Sony BMG even exists after doing this?
https://en.wikipedia.org/wiki/Extended_Copy_Protection
https://en.wikipedia.org/wiki/Sony_BMG_copy_protection_rootkit_scandal
If I buy a computer (this means PCs, smartphones, consoles, TVs,…), I may do anything with it I like, unless it violates laws. Clearly it is not allowed to smash a laptop onto another person’s head, or open the battery to dispose the chemicals into the wood or using it for criminal activities of any kind (this includes copyright infringement).
Laws are not made by the computer manufactures; I hope so at least. Apple, Sony, Nintendo, Asus, HTC,… may not claim power over my devices!
It’s none of their business if I paint my computer yellow with blue dots because I want it.
It’s also none of their business what software I run on it. They are neither legislative, nor executive, nor judiciary. They can’t make any rules form my devices. Unless a law prohibits a usage, it is not illegal.
(I'm not covering the topic warranty in this blog post)
Nintendo, for example, calls every execution of unapproved code “unauthorized modification”. What? I need authorization for running code on my CPU? You’ve obviously lost all touch with reality… (That is what the doctors always told me, when I was a teenager – different story, not today but next time in the botched life category).
They threaten the user by claiming any update may brick the console on purpose (they never did though… I wonder why?!) and/or remove unauthorized content. That is what I would call “Computersabotage” in the sense of the StGB §303b. (Again, translating laws is a nightmare. I’m not skilled enough to do this. §303b contains regulations/degrees of penalty for persons or organizations, who do physical and/or software damage to other peoples computers. A special case of damage to property, §303)
You have to agree to this terms to update. You have to update to play a physical game you already paid for. You get to read this terms after buying. (Disclaimer: I’m not a lawyer, this is no legal advise). As far as I know, EULAs you get to read after paying, are completely null and void. Worthless. At least in Germany.
I paid for the console → I may use the console in any way not prohibited by law.
I paid for the cartridge → I may play the fu..... game no matter what EULA comes after I paid.
“But you clicked on agree, so it is not void.” Yes it is void! I have no choice. If I want to do, what the law allows me to do, I have to click on “agree” but I do not have to agree with it. This is a kind of extortion.
They may not come up with any terms I did not know before buying and a little text on the package like “You have to agree to the EULA inside to use the device” is clearly not sufficient. This text does not make me know beforehand what they want to restrict. I can’t consent to anything without knowledge. And also: I do not have any contract with the manufacturer. I have a contract with the retailer. I buy a computer and simply do not care about what the manufacturer wants.
2. Not my devices:
This is valid for my devices. Nowadays there is another problem: Most devices like smartphones or gaming consoles are tied to some kind of online service. I cannot judge whether the terms for online services are always valid – often enough big companies violated laws in the past – but in general I’m okay with that. If Nintendo says: “Only unmodified consoles may use the online services.” it is their right to do this. For me, they do not even have to provide any reason. The online services run on their computers. So they make the rules! Only they decide who may connect!
The situation is different: The console already runs, my games are playable and if I want to use the online services, I can read the terms before doing so.
Like here on GBAtemp: I read the terms and rules before signing up. I read. I thought about it. Slept a night. Read again… and agreed. And I do my best to not violate the rules. If I want to use this online service (which is true), I have to obey the rules – and not ask where to get any warez (not that I would even care…)
Back to Nintendo. There’s just one problematic point: Banning users of modified consoles from the Eshop. They may do this, it’s their servers. But this is so stupid! Someone hacked their console and still wants to buy something (Not every user of cfw is not willing to pay!). “You modified your console. → You’re a pirate. → You may not buy. Go away and pirate the games!”
My head → Desk… SLAM!
On the 3DS they never enforced this – like they do on the Switch (I did not really follow the discussions because I do not own a Switch and probably never will because of their decision about banning from the shop and some other points.)
Why is this a little problematic? It hurts small developers. One can modify their Switch and get banned and still buy Mario, Zelda, Pokemon,… but they cannot legally buy and support indie titles that get no physical release. While I prefer physical over download, many smaller games would simply not exist on consoles if there were no downloads.
3. "Protection" at all costs:
Many people object to my opinion. “The big companies are just protecting their intellectual property. It is their right to do this.” They may have some right to protected their goods from being used without a valid license. But they clearly do not have the right to dictate me what to do and what not on my computers. And they may not damage my computers. Damage? Would a big company damage computers with their DRM? Never… YES THEY DO!
While protecting their intellectual property, big companies often go way too far. A well known example of this is the Sony rootkit distributed on various audio CDs from Sony BMG. This DRM was clearly malware (anti-virus programs do detect in nowadays!). And that is not all. They committed copyright violations on GPL licensed software!
We protect our property at all costs! We control your computer! And we may ignore the licenses of others! Why does Sony BMG even exists after doing this?
https://en.wikipedia.org/wiki/Extended_Copy_Protection
https://en.wikipedia.org/wiki/Sony_BMG_copy_protection_rootkit_scandal
