Hacking Hardware vs. Software mods, which is better?

[The Real Jdbye]

I'm more of a software mod guy myself, but then again I've never really done a hardware mod, but with the recent announcements, I'm curious: does one form of mod provide anything the other can't? Any features? future proofing, etc? Does one excel more than the other in certain aspects?

Software is usually the better option if at all possible, even if hardware gives you more features, due to the simplicity of it.
Though solderless modchips aren't bad either as long as the console is reasonably easy to open without breaking anything.
Modchips that need to be soldered to tiny test points or worse, chip legs, are a high barrier of entry to most people and is why they'll always be much less popular. Even though modding services might be available, those aren't cheap, and there might not be one in your region. And there's always the concern about warranty.

 

[Taleweaver]

Not clowning, software mods are legal where I live. Nintendo can't get away with a hardware defect whatever software I install on my device. The only thing they can do is repair my device and (probably) wipe the softmod.

I don't think you read the addendum I added on my post. I never said that software modding itself was illegal. The trying to enforcing a warranty that's voided is the illegal part.
However, it's equally legal for nintendo to have you sign a user clause that, among other things, makes you agree that you won't tamper with it. Enforcing that clausule in itself isn't as easy for them (it's not exactly a secret that everyone just clicks "ok" on all these documents without ever reading it), but it does have the consequence of voiding the warranty.

As for the hardware defect: one of the first things I always tell people wondering how to go about buying a console/handheld for hacking purposes: check the damn thing for hardware defects BEFORE attempting any hacking purposes. Nintendo is pretty lenient in that they rarely refuse service, but they are perfectly within their right to charge for repairs if they can prove it contained a hack. They go about the reasoning that you've tampered with the device even though you agreed not to, and therefore accepted the consequences.

It's the same as a phone, tablet or computer. If I break the software it's my fault and I won't be covered by any warranty (although phone companies flash your device for free), other issues MUST be covered by the warranty.

Who told you those lies? I don't know all operating systems, but at least windows, android and linux are open platforms (I'm not sure about iOS or mac). Legal clausules are limited at most to not providing a warranty that the software itself works, but the device itself is completely open to you as a user. You can run what you want on it, access what you want on it.

 

[FAST6191]

Can they boot you from their online services? Absolutely.
Can they deny enhanced warranties they offer over baseline? Possibly. I have not looked into this and there may be some odd wording as to what it is a warranty and what is an enhanced service package or something, similar to how the PS2 and PS3 were generic computing devices (they even run Linux you know) for tax purposes.
Can they deny optional/outside warranty repairs? Don't see why not.
Can they deny basic consumer warranties? That one is rather more hazy. My jumping off point is the car warranty world ( https://www.keithmichaels.co.uk/news/vehicle-modifications-and-warranty/ ) which tends to have rulings like "did the mods cause the problem?". Some places explicitly mention cars in such rulings but the law does recognise an alternative in a related field. From a more general perspective "you sort your screwups and oversights" is how most building and engineering things work and that seems like a sound ethical principle as well, as opposed to one of those crazy laws made just because.
Can a user agreement negate this? On the face of it such a thing would appear to be conflicting with your statutory rights http://www.onlineshoppingrights.co.uk/understanding-your-basic-statutory-rights.html and I don't think any console maker did the equivalent of trader purchases in cars (their equivalent of sold as seen and without warranty).

From a pragmatic point of view the effort taken to bring some console maker to task is probably more than it would take to get a new one, and I don't doubt for a moment they will try what they can to enforce such a thing (or there is a reason they call it a service centre rather than warranty) and otherwise drag their heels. As such anything I touch with my screwdriver or soldering iron (or otherwise softmod) I will typically consider my burden to bear in fixing, and encourage others to do the same. As far as letter of the law goes though I can't agree with your reading.
Similarly I don't consider it unethical in the slightest to try to skirt their checks to fix one of those unrelated to your mod issues (you softmod and your trigger button breaks, no worries about trying to send it in, though owing to checks maybe try flashing a stock nand image back or something).

 

[Jackson98]

Because of efuses on the switch, hardware in my opinion, at this point in the switches life is 100% superior if done correctly. By sitting on a custom firmware you are effectively limiting your switch, with a well done hardware mod you won't be affected by a software update and you will also have access to every benefit nintendo throws in their updates, instead of being limited to a custom ancient firmware. Later on in the switches life firmware wise, maybe a softmod if another is found. They are easier to install and if the later patches are only for piracy prevention then they add nothing useful at any rate.

 

[FAST6191]

Are you not expecting to be able to virtualise a kernel?

 

[xabier]

I don't think you read the addendum I added on my post. I never said that software modding itself was illegal. The trying to enforcing a warranty that's voided is the illegal part.
However, it's equally legal for nintendo to have you sign a user clause that, among other things, makes you agree that you won't tamper with it. Enforcing that clausule in itself isn't as easy for them (it's not exactly a secret that everyone just clicks "ok" on all these documents without ever reading it), but it does have the consequence of voiding the warranty.

As for the hardware defect: one of the first things I always tell people wondering how to go about buying a console/handheld for hacking purposes: check the damn thing for hardware defects BEFORE attempting any hacking purposes. Nintendo is pretty lenient in that they rarely refuse service, but they are perfectly within their right to charge for repairs if they can prove it contained a hack. They go about the reasoning that you've tampered with the device even though you agreed not to, and therefore accepted the consequences.

Who told you those lies? I don't know all operating systems, but at least windows, android and linux are open platforms (I'm not sure about iOS or mac). Legal clausules are limited at most to not providing a warranty that the software itself works, but the device itself is completely open to you as a user. You can run what you want on it, access what you want on it.

You can write whatever you want in the legal clauses, then they might not be in compliance which each country's legislation.

Android is not an open platform, sometimes unlocking the bootloader is supported by the phone company and you are free to flash whatever android custom rom you want. In some other cases a exploit is needed to gain root access and be able to mod it and in some cases being able to change the boot image. I hack all my phones (root and 3rd party operating systems), i have been doing it with all my phones, even before smartphone times, i have always been granted the warranty when i needed. A badly soldered board is not directly caused by sofmodding the phone, thus it's manufacturer's/seller's problem, not mine.

 

[Maximilious]

Who told you those lies? I don't know all operating systems, but at least windows, android and linux are open platforms (I'm not sure about iOS or mac). Legal clausules are limited at most to not providing a warranty that the software itself works, but the device itself is completely open to you as a user. You can run what you want on it, access what you want on it.

Linux is the only open platform protected under the GNU. RedHat and Android are based on Linux, but certainly NOT open source platforms. Same with Windows, NOT open source (hence why licenses are required to use them). Check your own facts before spewing "lies"