For source I meant a link to a discussion, article, video, etc, but I did a search on reddit and found more about it. Interesting case, no less, but it stills seems like a violation of privacy or TOS, something Nintendo might not be wanting to risk in their territory. Remember, Niantic is not Nintendo and vice-versa: they can have completely different business practices, which might or not include violations to consumers rights in some countries. In any case, I'm still waiting for a emunand ban report with clean nand use in OFW (if there has already been one, I would gladly ask for source, since I've been out of the loop for sometime).
No, I agree with you. I wasnt saying nintendo DOES this, I said it CAN be done, and IS being done by other companies, and then gave the real life example of pokemon go on android for the proof reference, since drax said companies couldnt do it (but they do). Is it unethical and shady as hell? Absolutely, and as someone who works in the tech industry I also feel that it could be ruled illegal with a good court battle. But thats not my call. I was simply providing the truth to the misinformation that it cant happen.
1) Nintendo isnt niantic, which is why I stated in my post I cant vouch for nintendo's policy on this with the switch will be. I can only vouch for the fact that businesses CAN and DO perform this exact check that drax specifically stated doesnt happen (it does).
2) Nintendo does license the game's rights to niantic, so while nintendo doesnt make business decisions such as deciding to read a microsd card of an androud and acting upon the contents found, they are involved in more behind the scenes decisions than one might think in pokemon go. Its a partnership in that game, and we know how stringent big n is with anything they dip into with rights, licensing, usage, etc.
3) I personally use virgin sysnand and emunand sx os and go online and havent been banned (yet). So im hoping nintendo DOESNT start this policy, trust me. I just want people to arm themselves with the truth of whats really going on vs what people think a company can and cant do.
Trust me, I want to be able to go online and use emunand to avoid being banned. And i dont think nintendo should have the right to ban me simply based on any assortment of files that may or may not be being actually used sitting on my microsd. But the sad truth is, nintendo makes the console -and- the software running on it, and courts have already ruled in similar lawsuits that the manufacturer owns the rights to banning consoles from its online network at their discretion. So its really a shitty area to be sitting in as a user, believe me, but its what we have to live with, understand, and arm ourselves with the knowledge of. Personally, id rather be informed than not, and thats the only reason i make such a point to present this info, because if other companies do it (and they are), it sets a precedent (not legal mind you but just in usage) for other companies to follow.