Homebrew Freeshop gets DMCA'd on Github...

[DKB]

It's like saying I can't get in trouble because I shot someone with gun but I used a string to pull the trigger from 30 feet away, that was pulled with a robot that someone else built. I don't get why people are so shocked by this.

 

[RealityNinja]

It's like saying I can't get in trouble because I shot someone with gun but I used a string to pull the trigger from 30 feet away, that was pulled with a robot that someone else built. I don't get why people are so shocked by this.

Yeah, it's just an accident!! XD

 

[some1ne]

freeShop doesn't even have the enctitlekeys.bin file, lol. The only real issue is the logo.
I can download stuff from Nintendo's servers with a computer, they can't DMCA that.

 

[OrGoN3]

Like I said, this is the exact same argument that Torrent clients deal with; "the software is used to download copyrighted content and therefore should be illegal". The burden of proof here is on Nintendo, and freeShop's developers aren't liable for end user use.

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Lolwut? I see you know how copyright law works. See, freeShop doesn't need Nintendo's permission. Downloading from the CDN isn't illegal, especially since Nintendo made no preventative measures against it. Now, the icons and all that might hold some ground, but they weren't used for monetary gain or in a corporate setting. This is just another hissy fit from Nintendo.

False. Just because someone doesn't make a measure against stealing their data, it doesn't mean stealing it is legal/right. Ninty provides their data through their services and products. You agree to this when using their products/services/creating NNID. You are violating this when downloading from their CDN directly. There's no gray area here. It's clear and cut.

It doesn't matter if the icons were used for monetary gain or in a corporate setting. They are still Ninty's property and they are being used without permission. Therefore, it is a legal violation.

You can call this a hissy fit if you want. That's fine. Nobody is saying you can't. But what you should do is realize that Ninty has legal ground to do what it did, and corporations, like GitHub, respond to DMCA's properly. You sound upset because your favorite pirating tool was taken down, and now you have to resort back to either CIAngel or that iso site.

While devs took as many measures as possible to prevent this from happening (requiring you to enter your own URL and not providing dec/enc keys), the fact remains that the sole purpose of this software was to enable pirating, AND it used trademarked icon images without permission (in response to steve's response, I will no longer claim the app decrypted anything).

 

[Joom]

It's like saying I can't get in trouble because I shot someone with gun but I used a string to pull the trigger from 30 feet away, that was pulled with a robot that someone else built. I don't get why people are so shocked by this.

No, it's not like that. That's a horrible analogy. And I'm certainly not shocked by Nintendo regurgitating another judicial strawman. Point is that freeShop itself is not illegal. It doesn't provide the user with any copyrighted content on its own. If it did, then Nintendo would have every right to do this.

 

[ElYubiYubi]

It's like saying I can't get in trouble because I shot someone with gun but I used a string to pull the trigger from 30 feet away, that was pulled with a robot that someone else built. I don't get why people are so shocked by this.

Exactly
Same will happen to those programs that download WiiU games from the Nintendo Servers.
Unless Nintendo doesnt care about the WiiU anymore

 

[BADDINOROX99]

Thats the one that "Had the Switch" in a stream right?

I'm not to sure I recently ran into his channel like 4 months ago and when I noticed all the stupid crap he uploads I saw him bragging about that ISO site putting it up on screen for Nintendo to see I got pissed so I've been reporting all of his videos and flagging them and encourage everyone who appreciates homebrew,etc to the same this moron is putting all these sites on blast

Even worse he barley just found out about any 3ds hacks a few months ago and is already burning them
It may not be his intention to get these sites found out or shut down but that's what's gonna happen if he's left unchecked

 

[OrGoN3]

freeShop doesn't even have the enctitlekeys.bin file, lol. The only real issue is the logo.
I can download stuff from Nintendo's servers with a computer, they can't DMCA that.

Sure they can. They can DMCA you once you download the data. Read my post as to why it's not legal.

 

[some1ne]

Sure they can. They can DMCA you once you download the data. Read my post as to why it's not legal.

Yeah but freeShop doesn't have any infringing material, or keys.

 

[DKB]

Yeah but freeShop doesn't have any infringing material, or keys.

Didn't you JUST say the logo yourself?

 

[Aletron9000]

Yeah but freeShop doesn't have any infringing material, or keys.

It has the eshop logo. That is infringing material

Edit:

 

[DinohScene]

That took longer then expected.

 

[ElYubiYubi]

I'm not to sure I recently ran into his channel like 4 months ago and when I noticed all the stupid crap he uploads I saw him bragging about that ISO site putting it up on screen for Nintendo to see I got pissed so I've been reporting all of his videos and flagging them and encourage everyone who appreciates homebrew,etc to the same this moron is putting all these sites on blast

Even worse he barley just found out about any 3ds hacks a few months ago and is already burning them
It may not be his intention to get these sites found out or shut down but that's what's gonna happen if he's left unchecked

Thats what Im saying thanks to those Big YouTubers

 

[some1ne]

Didn't you JUST say the logo yourself?

Besides that, ofc.

 

[OrGoN3]

Yeah but freeShop doesn't have any infringing material, or keys.

So Nintendo has 2 points to the DMCA, as I've already stated, which you can read for yourself. The first is that Ninty thinks FreeShop decrypts data, which we were told it does not. So they could be wrong on that (although the application does provide a method for us to decrypt without paying, which Ninty is saying is illegal)

Also, as you mentioned, their other point are the logos. "The freeShop application also contains unauthorized copies of the Nintendo 3DS Logo Data file, covered by U.S. Copyright Reg. No. PA0001781880, which further infringes Nintendo's rights."

So besides that doesn't matter. That alone is enough.

 

[some1ne]

So Nintendo has 2 points to the DMCA, as I've already stated, which you can read for yourself. The first is that Ninty thinks FreeShop decrypts data, which we were told it does not. So they could be wrong on that (although the application does provide a method for us to decrypt without paying, which Ninty is saying is illegal)

Also, as you mentioned, their other point are the logos. "The freeShop application also contains unauthorized copies of the Nintendo 3DS Logo Data file, covered by U.S. Copyright Reg. No. PA0001781880, which further infringes Nintendo's rights."

So besides that doesn't matter. That alone is enough.

Besides the logo, the other argument can be used to DMCA most homebrew here, like Decrypt9, Emunand9, GodMode9, Hourglass9, etc, because they let you decrypt everything.

 

[Joom]

False. Just because someone doesn't make a measure against stealing their data, it doesn't mean stealing it is legal/right. Ninty provides their data through their services and products. You agree to this when using their products/services/creating NNID. You are violating this when downloading from their CDN directly. There's no gray area here. It's clear and cut.

It doesn't matter if the icons were used for monetary gain or in a corporate setting. They are still Ninty's property and they are being used without permission. Therefore, it is a legal violation.

You can call this a hissy fit if you want. That's fine. Nobody is saying you can't. But what you should do is realize that Ninty has legal ground to do what it did, and corporations, like GitHub, respond to DMCA's properly. You sound upset because your favorite pirating tool was taken down, and now you have to resort back to either CIAngel or that iso site.

While devs took as many measures as possible to prevent this from happening (requiring you to enter your own URL and not providing dec/enc keys), the fact remains that the sole purpose of this software was to enable pirating, AND it used trademarked icon images without permission (in response to steve's response, I will no longer claim the app decrypted anything).

You're an idiot. There is no violation when downloading from a publicly facing server with absolutely no preventative measures against downloading the content. A judge will laugh at this argument. If freeShop circumvented a login mechanism or used stolen accounts to achieve what it does, then yeah, it'd be illegal, but it doesn't. And no, I'm more pissed about twerps like you that think they know how the law works.

Also:

corporations, like GitHub, respond to DMCA's properly

Now I think you're just trolling. The DMCA is horribly broken and constantly abused across multitudes of mediums by corporations.

 

[Arubaro]

So, from now on, let's consider cakes a weapon because you can use them to commit murder

 

[OrGoN3]

You're an idiot. There is no violation when downloading from a publicly facing server with absolutely no preventative measures against downloading the content. A judge will laugh at this argument. If freeShop circumvented a login mechanism or used stolen accounts to achieve what it does, then yeah, it'd be illegal, but it doesn't. And no, I'm more pissed about twerps like you that think they know how the law works.

Also:

Now I think you're just trolling.

You're a troll. No need to personally attack anybody here or use the language you are using. We're all friends here, so let's act that way.

You can be pissed about twerps like me, while I remain pissed about people who have 0 respect for others, like yourself. Downloading is one thing, decrypting is another. Everyone was talking about downloading decrypted content from Nintendo servers, which is 100% illegal. But please continue to tell yourself this is legal. And please continue to call people derogatory names. It makes you look so mature.

You're the troll. There are 2 DMCA reasons listed. You completely ignored one of them, and then laughed at the fact that GitHub responds to DMCA properly. I can bet you have never ran a web site which had to respond to DMCAs. I have and I had to do the exact same thing as they did: temporarily remove after receiving DMCA to determine if it's legit.

But please, continue to shit on the community.

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Besides the logo, the other argument can be used to DMCA most homebrew here, like Decrypt9, Emunand9, GodMode9, Hourglass9, etc, because they let you decrypt everything.

I never said it couldn't...

 

[cearp]

(from the dmca)

Nintendo believes the freeShop application circumvents Nintendo's protection measures by decrypting the game files accessible from its eShop servers

no, the 3ds decrypts the content... not freeshop!



actually the dmca is quite funny, i haven't really read them before.

What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal?
Please immediately remove the files.

haha, it's like saying, hey, how can i make this thing abide by your rules so we can get along? and the reply is DELETE GO AWAY