Hacking Question Is Dumping and Updating your own games safe?

[Kubas_inko]

That reminds me of this stupid drama there was on a certain MMO recently because they dared checking your running processes to detect cheaters.
Of course that was BS from lame cheaters and friends who tried every loophole possible to blame a company rather than their own behavior.

If you play against the rules, don't blame the company over violation of private information. There's a ToS everyone is supposed to read before they access their services.

Let's have a look here:
https://www.nintendo.com/privacy-policy

Specifically:
Information we collect when you use our services
We also collect and process information about your use of our services. This can include information about your device, your location, your interaction with our services and other Nintendo users, your content and your purchases.
Your content
Our services may allow you to create, upload or share content such as text, images, audio, video, or other content that you create or is licensed to you. When you use any of our services that include these or other similar capabilities we may collect your content in accordance with our user agreements or terms of use and this policy.

They're well within their right to check the content on your microsd while you're using it on your switch.

Nowhere it stays that they will collect data with arent connected to them. Thus random stuff on SD.
If they read your private data from your SD without telling you they can't do much. Unless it is already in ToS, which I don't know. (who actually read it?)

 

[deinonychus71]

Nowhere it stays that they will collect data with arent connected to them. Thus random stuff on SD.
If they read your private data from your SD without telling you they can't do much. Unless it is already in ToS, which I don't know. (who actually read it?)

I quoted the parts where they clearly say "your content". Which means what it means. It's everything you have on your console.
If you have a doubt, don't accept the ToS and return the item or call them to ask for precision.

I know most people don't read the ToS, but that doesn't mean they get to blame Nintendo (or any other company, cause that's a trend today) for violating their privacy.

If there's one side to blame it's the pirates who make this kind of counter-measures mandatory, not the company for trying to defend itself.

 

[Kubas_inko]

I quoted the parts where they clearly say "your content". Which means what it means. It's everything you have on your console.
If you have a doubt, don't accept the ToS and return the item or call them to ask for precision.

I know most people don't read the ToS, but that doesn't mean they get to blame Nintendo (or any other company, cause that's a trend today) for violating their privacy.

If there's one side to blame it's the pirates who make this kind of counter-measures mandatory, not the company for trying to defend itself.

Your content which you upload via their device. So via their services. So they still can't read everything on your SD.
"When you use any of our services that include these or other similar capabilities we may collect your content" - content which is used thru that service.

 

[deinonychus71]

Your content which you upload via their device. So via their services. So they still can't read everything on your SD.
"When you use any of our services that include these or other similar capabilities we may collect your content" - content which is used thru that service.

"We also collect and process information about your use of our services. This can include information about your device, your location, your interaction with our services and other Nintendo users, your content and your purchases."
The way I interpret it, it's whatever content on the device.
It makes no mention of content "created via their service" or not.

This is the same situation as these MMOs, they CAN look at everything, there's no denying that, just like any game or service you install on your computer (saved the UWP apps) can potentially look at everything. It's what they do with it that matters.
And in this case, they're protecting themselves. You won't win a trial against them.

 

[Kubas_inko]

"We also collect and process information about your use of our services. This can include information about your device, your location, your interaction with our services and other Nintendo users, your content and your purchases."
The way I interpret it, it's whatever content on the device.
It makes no mention of content "created via their service" or not.

This is the same situation as these MMOs, they CAN look at everything, there's no denying that, just like any game or service you install on your computer (saved the UWP apps) can potentially look at everything. It's what they do with it that matters.
And in this case, they're protecting themselves. You won't win a trial against them.

No. Nowhere here they say "your personal data, which aren't used via our service".

They will collect how I use their services.
They will collect info about the device (but only data about those services).
Your location.
Interaction with our services.
What you purchase.

Where is "personal information which is not used by our services"?

So if you have an image on the SD, they can't know it, because it is not used in any of their services.

 

[deinonychus71]

No. Nowhere here they say "your personal data, which aren't used via our service".

They will collect how I use their services.
They will collect info about the device (but only data about those services).
Your location.
Interaction with our services.
What you purchase.

Where is "personal information which is not used by our services"?

The one thing you "omitted" between "Interaction with our services" and "What you purchase" > "Your content". It's not in your terms, but it's there.
And just for the sake of it, modified/hacked payloads/binaries/etc that grants you access to their games and online services... it's still interaction with their services.

And finally, there would be a moral issue if you'd be storing music or personal photos and Nintendo was uploading it to their server. It's not the case here, it's reporting misuse of their device.
They can see everything, it's what they decide to do with it that matters.

 

[Kubas_inko]

The one thing you "omitted" between "Interaction with our services" and "What you purchase" > "Your content". It's not in your terms, but it's there.
And just for the sake of it, modified/hacked payloads/binaries/etc that grants you access to their games and online services... it's still interaction with their services.

And finally, there would be a moral issue if you'd be storing music or personal photos and Nintendo was uploading it to their server. It's not the case here, it's reporting misuse of their device.
They can see everything, it's what they decide to do with it that matters.

You are forgetting how this all started

Spoiler

So we are still talking about them seeing your personal data on SD.
Files themselves are not under their services. So they can't "see them".
They can see whatever is edited on your system, but they can't see anything else, because it is not used in/with/via their services.
So still no...
Unless it is literally said that they can use your personal data (= anything else than Nintendo files) which are not used by their services for something.

Because don't forget that you can't use any files on your SD on your switch...
So they can't interact with Switch, so they can't be used in any of their services.

 

[deinonychus71]

You are forgetting how this all started

Spoiler

View attachment 132698

So we are still talking about them seeing your personal data on SD.
Files themselves are not under their services. So they can't "see them".
They can see whatever is edited on your system, but they can't see anything else, because it is not used in/with/via their services.
So still no...
Unless it is literally said that they can use your personal data (= anything else than Nintendo files) which are not used by their services for something.

I'm not forgetting that post, it's a typical "As a user It's ok if I completely disregard the law or break ToS but I'll sue companies if they dare try to find proof that I'm breaking the law or breaking ToS".
Which frankly irritates me.

"Your content" can be stored on SD or the flash memory. At best I'll give you that it's a "vague" terminology, but nowhere does it actually say whether it involves personal data or not.
Call it common sense, but when you put music or content on the sd of the phone, you know your phone will access this "content". Apps may not be able to access it without authorization, but the system can. Same thing with the Switch.

Now, again, it's not because they CAN access something that they WILL report it to their server, therefore there is no privacy violation.
If Nintendo is looking for "content" that is interfering with their services (and hack tools payloads etc clearly do) then I don't even see how this isn't covered by their ToS.
Just like you kinda have to check a list of all running processes on a computer to determine if one is bad, you kinda have to loop through some specific files on the SD and checksum/do whatever to determine it's bad. If it's not, there's no report to Nintendo servers, and therefore nothing "wrong" with it.

 

[Kubas_inko]

I'm not forgetting that post, it's a typical "As a user It's ok if I completely disregard the law or break ToS but I'll sue companies if they dare try to find proof that I'm breaking the law or breaking ToS".
Which frankly irritates me.

"Your content" can be stored on SD or the flash memory. At best I'll give you that it's a "vague" terminology, but nowhere does it actually say whether it involves personal data or not.
Call it common sense, but when you put music or content on the sd of the phone, you know your phone will access this "content". Apps may not be able to access it without authorization, but the system can. Same thing with the Switch.

Now, again, it's not because they CAN access something that they WILL report it to their server, therefore there is no privacy violation.
If Nintendo is looking for "content" that is interfering with their services (and hack tools payloads etc clearly do) then I don't even see how this isn't covered by their ToS.
Just like you kinda have to check a list of all running processes on a computer to determine if one is bad, you kinda have to loop through some specific files on the SD and checksum/do whatever to determine it's bad. If it's not, there's no report to Nintendo servers, and therefore nothing "wrong" with it.

Idk man. If it is not used by their services, they can't legally see it.
Once again. Files on SD can't interact with Switch (or switch can't interact with files on SD normally), thus they can't be used by any of Nintendo services.

 

[lolcatzuru]

Stary said it. But well, he said "think" so yea. But if it is like on 3DS (don't forget it is just glorified 3DS FW), they can't/won't read integrity of runned app.

Spoiler

View attachment 132649
View attachment 132651

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Isn't reading your personal files against some private stuff? Which would mean, that they need to create new ToS.

probably not, they can just argue you waived any right when you activated your switch, does anyone actually read those TOS's anyway?

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Idk man. If it is not used by their services, they can't legally see it.
Once again. Files on SD can't interact with Switch (or switch can't interact with files on SD normally), thus they can't be used by any of Nintendo services.

im sorry but thats not at all how it works. As far as nintendo is concerned, if ANYTHING is plugged into any of their consoles, its they're to do with what they'd like. They made it, i promise you you agreed to let them do whatever they want when you first powered on the switch.