The issue I have is there is now justification for the ban. All we have is an error code and a different explanation depending on where look for it (nintendo.com, .co.uk, .fr and so on).
If I received a message saying you've been ban for using "this software" I would be perfectly fine with it.
But without justification I could argue that I'm wrongfully banned and that it is Nintendo that breaks the EULA.
Take a deep breath and try to understand what I wrote.Not this shit again
You used any homebrew software while being online, no matter wich one it is, you violated the ToS, ergo you broke the EULA.
That's how it is, there's no other way around.
You broke the terms of service and your access for the service was revoked, do you expect them to have specific codes for each homebrew app? The ban doesn't affect your ability to use the console that you've purchased, it only affects your ability to connect to Nintendo servers, which is entirely fair.The issue I have is there is now justification for the ban. All we have is an error code and a different explanation depending on where look for it (nintendo.com, .co.uk, .fr and so on).
If I received a message saying you've been ban for using "this software" I would be perfectly fine with it.
But without justification I could argue that I'm wrongfully banned and that it is Nintendo that breaks the EULA.
A refund on what? Access to Nintendo Network is free of charge.Their TOS also says you wave the right to refund, which is an illegal practice in the EU!
A refund on anything bought on the Nintendo Network!You broke the terms of service and your access for the service was revoked, do you expect them to have specific codes for each homebrew app? The ban doesn't affect your ability to use the console that you've purchased, it only affects your ability to connect to Nintendo servers, which is entirely fair.
A refund on what? Access to Nintendo Network is free of charge.
That'd be the eShop, another wholly different service which, by the way, is unaffected by the ban waves, so I don't know why you're bringing it up. As for refunds for digital content, it's a messy situation on just about any service, including Steam which features the most fair refunds system. Nintendo isn't alone on this one, but yes, they have some catching up to do. The law you're referring to is the Right of Withdrawal which gives you 30 days to back out of a transaction, this right is however nullified the moment the software is provided, which in the digital realm is instantaneous. The only other refunds concern faulty goods which just don't occur in the digital realm and goods that are sold under false pretenses, meaning not as advertised. This is all only vaguely connected to digital games as again, you don't ever actually own them - what you're purchasing are licenses to use the software.A refund on anything bought on the Nintendo Network!
Seriously? Before jumping on people try to read...You broke the terms of service and your access for the service was revoked, do you expect them to have specific codes for each homebrew app? The ban doesn't affect your ability to use the console that you've purchased, it only affects your ability to connect to Nintendo servers, which is entirely fair.
If they were able to ban consoles, they have proof. i.e. most likely the illegitimate CIAs used.Seriously? Before jumping on people try to read...
I broke the ToS? Prove it. If you can't or won't, you're the one breaking the EULA by not giving a service we agreed on. But it is completely rhetorical as I said because the EULA specify that Nintendo reserve itself the right to ban whoever they want whenever they want. That's the part that I would consider abusive. Of course to play that card you'd better not have broken the ToS or EULA because obviously Nintendo can prove you used unauthorized software.
Yes, I expected a code that specifically says that I'm banned because I used unauthorized software instead of a generic code which explanation differs from a country to another.
And just to be even clearer, I'm not contesting the ban. I perfectly knew what I was doing when I hacked my consoles (1 banned, 1 not... yet).
*cough* Wii *cough*Technically, that means they can't directly or indirectly cause bricking of modified software. But they actually never did that, Gateway ninja'd them.
Yeah. But law isn't retroactive, at least here in Europe. I don't think, even in the US, that you can be sued for doing something that wasn't illegal at the time you did it.*cough* Wii *cough*
In that case, yes but it's not like they never made a mistake before either.If they were able to ban consoles, they have proof. i.e. most likely the illegitimate CIAs used.
It was not intentional...*cough* Wii *cough*
Are you sure? I recall reading somewhere that the Wii had bricking code in one of it's updates specifically targeting users of The Homebrew Channel. It did get some non-homebrew users though...It was not intentional...
Actually, the only thing I said is common sense in modern democraties (and even most dictatorships today). You can't sue for something legal at the time it was done.All of a sudden, everyone on gbatemp is a lawyer