You understand that the Nintendo 3DS System specifications and the Nintendo 3DS Service are constantly evolving and that we [Nintendo] may update or change the Nintendo 3DS System or the Nintendo 3DS Service in whole or in part, without notice to you. Such updates may be required for you to play new Nintendo 3DS games, enjoy new features, or continue to access the Nintendo 3DS Service. After the Nintendo 3DS menu is updated, any existing or future unauthorized technical modification of the hardware or software of your Nintendo 3DS System, or the use of an unauthorized device in connection with your system, will render the system permanently unplayable. Content deriving from the unauthorized modification of the hardware or software of your Nintendo 3DS system will be removed. Failure to accept the update may render games and new features unplayable. LOL, I wonder who is going to be ballsy enough to download that first update... BRICK!! aahhhhh
He's not actually saying he works for Nintendo. He's just quoting something from their EULA (yes, he should use quotation marks, but eh). They're threatening pirates with an ultimatum. http://www.nintendo.com/consumer/systems/3ds/en_na/parents.jsp ^(Look under "Document and Policies for it's full text) This part is especially interesting "Nintendo grants you a personal, limited, non-exclusive, revocable (in whole or in part) license to use the Nintendo 3DS Service in the manner described in this Agreement. Specifically:" No, you are NOT buying the system itself. Just the right to use it in the way they want you to.
Ah right, yeah quotes or saying where it was from would help. So you dont actually own the 3DS then? I wonder if they could legally stop you selling it onif they wanted to?
actually that clause doesn't fly under UK law, you are buying the physical device therefore it becomes your property. if it got taken to court here that clause would be struck out.
So I take it you are allowed to modify it, been your property and all? Just thinking then, would you be able to get away with a flashcart if you used it to play back ups and actually owned the originals? In which case you could sue nintendo for bricking your property?
You're allowed to as long as you don't bypass any copyright protection on the game. For backups I mean.
if you could prove that you own all the originals and that's all you use it for as per your right under UK law to possess a backup for your own use, and also that nintendo wilfully bricked your unit (note that their threat of 'WILL brick your 3ds system' could be constituted as intent under UK law) then yes you'd probably have a case. UK law allows the licensing of software only (because it's regarded as a service not a good), Physical goods become the property of the purchaser unless the contract explicitly states it is a rental. Arguably even if it is a rental contract the manufacturer still does not have the right to wilfully damage the goods while they are in your possession. Additionally, nintendo would not be able to argue that its a rental because the consumer assumes that they are purchasing ownership of the device, and the court would find in favour of the consumer in this case. As for modifying your console, you do indeed have the right to modify it (hardware wise), however nintendo also have the right to refuse to honour the warranty on modified units.
It would have an effect due to the insurance might be more due to it has had external factors changed that the retail 3DS doesn't. Think of it like a car. As soon as you stick a massive exhaust that make it go faster your insurence will go through the roof.
When you get contents insurance they dont ask if anythings modified, in 13 years ive never been asked that. And I dont think its worth taking out insurance just on a 3DS, they are only a couple of hundred pound, I can spend that on a good night out.
it dont work now my friend tried the wood r4 thing and the 3ds went white screened then shut off now wont switch on showing nintendo are stepping up their game go nintendo go nintendo go go
So that UK law thing, If someone went to court with that and won, what happens next? I assume special UK firmware that doesn't brick 3ds-s?
Their units probably didn't brick. And if it did and they win, Nintendo would be fined out the ass I would presume.