The ToyBox

Ricardo Bilton & Gloria Sin

Nintendo 3DS could be bricked by flash card use

By | March 10, 2011, 5:40am PST

Summary: In other Nintendo 3DS news, Nintendo is cracking down on piracy before the 3DS even hits stores in the U.S. later this month.

In other Nintendo 3DS news, Nintendo is cracking down on piracy before the 3DS even hits stores in the U.S. later this month.

According to GoNintendo, if a gamer decides to use flash cards for playing illegal, downloaded ROMs, then say goodbye to functionality on your 3DS. Nintendo will likely brick the handheld gaming console using a firmware upgrade down the line.

Nintendo hasn’t made an official statement regarding this future action, but GoNintendo cites the following passage from the 3DS Terms of Agreement:

In case if you use equipment which is illegal or unapproved by Nintendo or if you do customization which is unapproved by Nintendo, there is a possibility that Nintendo 3DS become non bootable by system update.

So don’t say we didn’t warn you.

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Rachel King is a staff writer for ZDNet based in San Francisco.

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Biography

Rachel King

Rachel King is a staff writer for CBS Interactive in San Francisco. Before serving as a contributing editor at ZDNet in New York City for two years, she previously worked for The Business Insider, FastCompany.com, CNN's San Francisco bureau and the U.S. Department of State. Rachel has also written for MainStreet.com, Irish America Magazine and the New York Daily News, among others. Rachel has a B.A. in Mass Communications and History from the University of California, Berkeley and a M.S. in Journalism from Columbia University, where she served as art director for the student magazine, Plated.

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RE: Nintendo 3DS could be bricked by flash card use
ALaST0R 13th Aug
CF Whitman wrote: "I can wipe off the software on my computer at any time and install whatever operating system and software I can get to work on it. In fact, I do. I run Linux on my PC, and Microsoft certainly doesn't own it. In fact, the idea that a console manufacturer owns the system that they sell you is legally indefensible at this point. They are trying to get that idea accepted, but there is no legal basis for it."


Agreed. My same point. I have a samsung tv and a corvette. What's next, Samsung will shut off "their" tv if someone's watching porn on it? Chevrolet will disable my engine if I install unlicensed floormats or attempt to patronize a "non sponsored" auto parts store via notification through gps? The proprietary rights of purchasing individuals would be infringed upon significantly were the bulls*** that Nintendo ATTEMPTS to make consumers accept actually true. It would remain to hold logically no defensible weight in court and Nintendo's unethical attempt to increase their profits because they remain incompetent, both financially and otherwise to shift with the times and meet their consumers where they're at, remains to be only justified in the minds of nintendo employees, stockholders and idiots who have no logical concept of the infringement upon their own rights as consumers. Nintendo attempts to now jump on the bandwagon of modern, unethically **** companies trying to save themselves from profit loss because they're unable to compete with the inevitable growth of virtually unstoppable file sharing technology while they continue to deceive consumers by implying the consumer purchases the product which leads to sales boosts through such lies when they continue to attempt to enforce as if it were otherwise. Consumers should wake the f*** up to such proprietary violations and unethical disregard for user rights solely for the sake of profits and boycott **** companies like Nintendo for this. Survival of the fittest Nintendo. You can't take the f***** heat, get the f*** out of the kitchen.
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So?
terry flores 10th Mar 2011
The gadget bricks. Take it back to Walmart who will replace it and beat the crap out of Nintendo. Or send it back to Amazon who will do the same. Nintendo can say whatever they want, but if they start to screw over customers (even the naughty ones) then it will hurt them bigtime in the end. It's one thing to simply prevent pirated software from running, there's no argument against that. But if the company designs the gadget to essentially self-destruct, it will face a backlash.
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@terry flores
I completely agree. I have seen it happen in the past, and it's quite ugly. If Nintendo wants to become a 'former game machine producer', this is a sure-fire way to do it.
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@terry flores

it will huh? Then whats up with steam? people get hosed regularly on it when they get a pirated software then use it on a account with legit software. the Fact is that all Nintendo has to do is allow a prompt warning the usage penalties as they load a flash device, or even boot screen warning as teh Nintendo logo is shown. after that they it is fair game, and I would bet as straight forward as Wall Mart is about rights and Law, illegal software is theft, and theft even in Wall Mart isn't' allowed. the Company will arrest there store managers in front of the whole store, why would they care about the customer returning there hacked Nintendo?? they won't. Then Amazon will likely counter that measure and stipulate no returns on 3DS till approved by inspection. I like this idea Go nintendo, even if I hate you like nothing else!!
@Ez_Customs Totally entirely justified, just like a car manufacturer putting in a remote killswitch in case you add a dashboard display using the car's internal computer for data without using hardware and software approved by them to do it, or if you play a pirated DVD in the car's integrated player, or if someone brings drugs into your car, or if you replace the hubcaps with something not approved by them. Those are all things that kind of license would allow remote termination for.

But really, it's all pointless, people will crack the 3DS just like they have every single console before it, just means the crackers need to disable autoupdate and emulate whatever changes Nintendo makes, if they're useful. Plus, if they really start remote bricking the things, the damage to their reputation is going to be huge.
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@terry flores

That's why I own a taser. Makes it cost more to repair if it's shipped back to the factory.
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RE: Nintendo 3DS could be bricked by flash card use
Sabotaged Updated - 10th Mar 2011
What this article doesn't mention is that the 3DS logs all of the game carts put into the system; that is how it would find the hacked cards. Essentially, I'd only have to write a program that either erased the file or deleted the card entry. Boom, problem solved.
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Boycott
rjriley@... 10th Mar 2011
Why would anyone buy a product like this?
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...and that's why you keep your old systems, kiddos.
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Terry Flores is right. It's one thing if the user bricks his gadget. If the manufacturer does it, even by design and with warning, that's a deliberate manufacturer defect.
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Terry Flores is wrong and delusional
C_Violet 10th Mar 2011
Anyone who is not using illegal software or ROMS on the 3DS have nothing to fear from this news. So as long as you're not like Terry Flores (a long-time supporter of piracy), then you have nothing to fear. Absolutely nothing.

Oh and another thing, what makes Terry think that amazon or WalMart will accept his BRICKED systems? Yeah, like they accept bricked Xbox 360's, right? Sure, ok. When word goes around that people are trying to return bricked 3DS, every traditional and online retailer store out there will set up mechanisms to prevent such devices from being accepted by them. So no luck there, buddy! So you better stop with your pirate ways and also stop blaming others for it too!!!
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Not Everything "Not Approved" Is Illegal
CFWhitman Updated - 10th Mar 2011
@C_Violet
There are plenty of things done on game machines that are "not approved" but are perfectly legal. Homebrew games, emulation of your older systems with ROMs you ripped from your own game collection, and non-game software. I created a Linux boot CD for a Sega Dreamcast once. That was certainly legal.
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@CFWhitman

that isn't the same thing, and BTW, if you read teh user agreement on nintendo systems, anything not approved by nintendo isn't allowed, which means even your homebrew software isn't allowed on it. werent' you around in teh 80's. nintendo created teh gaming Crash, but also saved it. Some people swear this was a Scam to make the more money but who cares. your not allowed to even test teh software coded for Nintendo OS, and run it without approval.
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That's Kind of My Point
CFWhitman 11th Mar 2011
@Ez_Customs
As I said, not everything "not approved" is illegal. Nintendo saying it's 'not allowed' does not make it illegal. So there are legitimate reasons to object to a company deciding to brick your hardware at their discretion.
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@C_Violet

I could see future updates making the pirated apps not run, but not an update that makes the device not work at all.

This is just part of the authoritarian mentality that's infected the western world.
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@C_Violet

I second that. it is the cheap fools that make it a reason to pirate, by doing so much pirating. i remember when audio CDs were 10 bux, now what are they like 15 - 20, hintn fellas, it isn't because the times, it is because you downloaded to much and he record companies can't promote the bands. the bands make there money in concerts yes, but this is teh point. The Same fact is with PC. i remember when PC games never got over 20 bux when consoles were like 40 +, now because of people like Flores, we have teh same ghey prices as teh stupid Console wannabe gamers
@Ez_Customs

If we take into account inflation from, say, 1985 to 2010, CDs have become slightly LESS expensive, as 10 dollars from 1985 equal 20.51 dollars in 2010. And as for games, development costs have skyrocketed, games used to be made by small studios, where a budget of 100,000 was large, now games are multi million dollar endeavors taking lots of talented people several years to make. For instance the development of Half Life 2 cost around 40 million dollars. Of COURSE the cost of games rose when going from games made by a couple people in their spare time to such gargantuan projects.

If anything, piracy is a net positive for game companies. I and my entire social circle wouldn't buy half the games we do if we didn't have a chance to try them before we buy. Reviews are often skewed not only by the personal biases of the reviewer, but also by publishers buying scores (refer to, for instance, the case of Jeff Gerstmann and his Kane & Lynch review at Gamespot) As for demos, they're practically always tailor made to make the game look as good as possible, bugs present in the actual game are ironed out and the content is selected from the most engaging parts of the game. Demos are also usually very very short. 15 minutes of a (supposedly) 20 hour game is not something to base an opinion on.

Somewhat tangentially, I recommend you read the book "Common Errors in English Usage" by Paul Brians.
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RE: Nintendo 3DS could be bricked by flash card use
Lil' Green man Updated - 11th Mar 2011
@C_Violet and what about the people hwo use legal 3rd party software on flash cards that is not acknowledged by Nintendo?

I use a suite of software that was custom written for my use, that enables me to work out various conversions and calculations as a sculptur including one that works out the amount of bronze required to fill specific volume areas when a sculpture is hollow centred - this theoreticaly is illegal software as it's not approved by Nintendo for use on their system.

This in theory woudl cause my system to become 'bricked' - If I buy a system then as far as I'm concerned it's mine to do as I wish with and to run what I want on it .
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@C_Violet
You do realize that Wal-Mart has a 100% guarantee on everything they sell and as long as it's within the return policy they have to take it back. Besides that I have returned bricked 360's.
And they say Apple hates it's end users. First the Wii, now the 3DS...
This ONLY hurts people that use the 3DS in an illegal way. Anyone that stays the heck AWAY fro illegal downloads and software have NOTHING to fear. Zero.

Jesus, people sure are dumb.
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@C_Violet
I won't say that you're dumb, but your comments are. It is categorically not illegal to use non-DRM software, homebrew or otherwise in your gaming handheld. There's nothing piratical about choosing software outside of the channels that provide revenue to Nintendo. They don't have the right to control your use of what you own. Granted they can control your use of their software, but they don't have the right to tell you what to do with your handheld and someone else's software. It's outside the reasonable scope of an end user agreement and it violates your property rights.
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@jeverettk

WELL SAID!
@jeverettk "I won't say that you're dumb, but your comments are. It is categorically not illegal to use non-DRM software, homebrew or otherwise in your gaming handheld"

^^^Hey numbnuts, what part of Nintendo's stance on this don't you understand? They are clear on the matter. Check it out:

"All consumers should know that piracy is illegal and modifying their game system violates the terms of use".

Clear enough for ya?
@jeverettk

All they need to do is change the license to read:

You are granted a license to use the 3DS hardware but we own it.
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@jeverettk

you obviously don't know them well do you. Each device has an agreement you agree to in order to use it. It doesn't matter what you do with it until the company finds out. if you new anything about Nintendo then you would know that you are walking ice here. all other devices are similar. Consoles are built for one reason, and one reason only. DreamCast well that was more or less a beta machine to test a Windows Mobile OS pr there hand helds, but no other system has an open source options like that. Not Sony, Not Nintendo, not xBox. Actually MS does this same thing, only thing different is when you get caught modifying code to cheat. Steam does this too. you get caught hackign a software you loose rights. result go buy another and learn your lesson!!

The Defense doesn't hold any air, little lone water. break teh law, you must pay. if this is all abotu the games then personal software will not apply foolios, becuase the OS is gonna look for a game encryption to identify a Nintendo game anyway before it can determine anything is illegal anyways. freaking relax
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@jeverettk

you know that PC and software you are using on it, You don't' own it, the OS manufacture owns it the second you install an OS on it, technically that is. Read the user agreement! That installation key is a license to use teh software, in no way does it say you own it. you just get a life time rental period till you mess up. That is why when you get caught doing any hacking of databases and big networks, they can take your PC without warning, then tell you that you cannot use this or that again for a said amount of time. Linux , Windows, iOS, MAC, you name it, there is a rental or license to use, but no where will you ever see that you own it!!
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Notice Two Different Terminologies
CFWhitman 11th Mar 2011
@C_Violet
Notice how they said "piracy is illegal" and contrast that to "modifying their game system violates the terms of use." They said modifying it "violates the terms of use" rather than "is illegal" because modifying it is not illegal.
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Actually...
Zorched 10th Mar 2011
@C_Violet :
I wouldn't call someone dumb unless you yourself read the article.
-----
In case if you use equipment which is illegal or unapproved by Nintendo or if you do customization which is unapproved by Nintendo,
--------
Who determines if something is unapproved? Certainly not the US government. Not the end user. That's right, Nintendo. As an extreme example, if they decide that using your device in public violates their rights to non-public display and dissemination of the game, they can brick your system for playing your DS on the bus, or while in the park, or mall. If you haven't gotten the idea yet, it is entirely up to Nintendo to determine what they consider 'approved'.
Yes, it is unlikely my situation would arise, but based on their claim, it COULD be, just because they said so. Yes, it would have bad PR repercussions but when has that ever stopped a big corporation?
I can't imagine it would be too difficult to include a key in each ROM that could be compared against a firmware list. If those keys show up in the flash slot, the game shouldn't be playable. Bricking your system because of it? Yeah, greedy corporation at work.
@C_Violet

AGREED ! If you read the article, it says that , "....IN THE USER AGREEMENT..." So - if you agree to the user agreement, then you can buy - and USE the system....if you violate the CONTRACT (that is what an agreement is - whether it is a EULA, or any other sort of "box" that you have to agree to in order to proceed) then you face consequences. If one of those happens to be that it renders the system inop - well gee - that is just too bad, isn't it ? I'm sure the "people" that are against this agreement, and other EULA's are actually rock stars, who put out album after album, and don't wish to be paid for their work - just so jerks like (those pissed at this issue) can steal from them, and listen to their music. It makes me sick - the sense of entitlement that people here in the U.S. and elsewhere have - here's reality - YOU DO NOT DESERVE IT - YOU ARE A THEIF THAT DESERVES INCARCERATION, PERIOD.
If not for Piracy, there would be no new developments, nor would there be a hacker's, recognized community that the big boys have contests, to help them figure out the weak links of their products. The winner this year, was able to hack into IE8 on a win7 64 bit platform.

Let us talk about hacking for a minute, modding the unit. Where is the support for those that do not want to upgrade? These gaming systems, companies abandon us once they want to see a new line. I say once the line is abandoned, it is open fair game to continue to use your machine. I say hack the hell out of it. I still have over 200 games, from the original Nintendo, that the company bailed for the N64 quickly. I have a 64MB module that sits on top of the machine. I have the roms on a old (not for the day I did this) 40MB hard drive in an old 386-40mhz that loads the games into the rom memory and it works great. Same with PS1, once they totally abandoned us at Sony, I put a no solder chip in it. I can rent games, burn them have my own copy. It is getting to the point you cannot even find a PS1 game to rent at the rental stores. They are all in the $3 bin at the gaming stores.

a GDS is not worth my time. I just modded my Game Cube, boy what a scam Nintendo played us for for that, then $230 machine. It is okay that they leave us in the wind, but those of us that cannot afford $50 games over and over. I have not mod'ed my PS2 or PS3 as there is still some support for 2, still good support on 3.

Between all I have and saved all of them over the years for the kids, starting in the 80s

Coleco Vision, PS1, 2, 3. Nintendo, N64, Cube, Atari Juaguar (need that piece of junk, while we were in a hotel for two weeks awaiting military housing).

So, be careful before you call us pirates, we have quite spend multiple 1000s of dollars on machines, accessories and most important, hugely expensive games that are left in the wind. Who says we have to upgrade? Because these companies leave us in a lurch when they come out with new products.
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Baloney!
C_Violet 10th Mar 2011
@shanty50 Cry me a river with the so-called virtues of the hacker/pirate community.

IE is still a crap browser despite all efforts to call attention to its craptacular security by hackers. If anything, hackers calling attention to those security holes has only called the attention of people trying to take advantage of them.

Oh and try getting informed fella. Nintendo didn't switch from the NES right to the N64. There was another console called the SNES. I understand it was quite big a few years back.

And kid, QUIT LYING. The GameCube's original asking price was $199 and NOT $230.

But I am not surprised that you don't know the prices of these machine sand games. Since you basically steal them all.

Amiright?
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@C_Violet
Way to go Violet. his daddy bought it. sneS lasted about 8 years if i remember right and the only reason the N64 came out was to hold on and compete with Sony PS1. there is no such thing as a Short lived Nintendo. Even teh DS has backward compatability, only modified slightly to keep up in technology. yeah Nintendo has always been behind in it, but they know what they are doing and concentrate on game quality and product appearance. they should be proud and do everything they can to tell you freaks to leave them alone at any cost
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@shanty50

Your talking about something completely different here, this isn't the same thing. your talking about out of warranty stuff that is no longer supported. not the current new thing. and by hacking used as modding, your not altering the way soemthing loads software to firmware, only where it is launched from. this is talking about how Nintendo plans to monitor illegal downloads and games that you shouldn't be using. They have the right to protect there own work no matter how they want. Look at it this way. Most other Developers will charge you millions for using illegal software and remove your rights to that hardware it was used on for years, all nintendo is doing is requiring you to buy a new DS. i think this is much better then the way PC developers have chosen to go.
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RE: Nintendo 3DS could be bricked by flash card use
mishathegreat Updated - 10th Mar 2011
You know, it occurs to me that nintendo could do the same thing to things like the action replay or gameshark. my cousin loves using those things, and i'd hate to see her start crying when she tries to cheat at pokemon and her gameboy blows up.
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@mishathegreat

Those are not hacks, those are mods which are already built into the game and wouldn't apply. the game shark devices simply unlock them, there-fore wouldn't apply to this piracey MOD stuff
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Bricking: not a wise decision
jerry2k 10th Mar 2011
I understand the the need for manufacturers to protect their intellectual property. But causing intentional damage to their hardware when pirated software is used, makes me question the intelligence of the management. Remember, processor based systems are quickly evolving and becoming quite complex. In a manufacturing environment, rarely does one person completely understand the operation of a piece of equipment. I can in-vision their software update mistakenly identifying a piece of code or a specific manufacturer's flash-card as fraudulent. When this happens, not hundreds of bricks but millions of bricks (for which they will probably be legally liable).
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@jerry2k

they won't be legally liable, because they will put a warning on the device and I would bet during boot
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A Warning That It Could Brick at Any Time?
CFWhitman Updated - 11th Mar 2011
@Ez_Customs
He said that it could mistakenly identify a legitimate game as "not approved" and brick a lot of systems that nobody tried to hack. How do you make a warning for that? "This device may stop working at any time for no real reason and we are not liable."?
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So, you're not buying a Nintendo 3DS, just leasing a usage right, temporary and revocable.
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@hiraghm@...

you don't own that PC you are on. You have a paid license to use the software, same goes with the hardware it is on
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RE: Nintendo 3DS could be bricked by flash card use
Lil' Green man Updated - 11th Mar 2011
@Ez_Customs

nope! because I'm not running the software that came with my PC ! I sent my software back to Microsoft and asked for my refund, just as it says you can in the EULA - that was a year ago - still waiting for my refund !
I own my P.C out right ! My IMac on the other hand is a different story , although my Netbook I bought earlier this year runs the copy of SnowLeopard I bought on the same day quite nicely thanks
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Nonsense. You Own Your PC.
CFWhitman 11th Mar 2011
@Ez_Customs
I can wipe off the software on my computer at any time and install whatever operating system and software I can get to work on it. In fact, I do. I run Linux on my PC, and Microsoft certainly doesn't own it. In fact, the idea that a console manufacturer owns the system that they sell you is legally indefensible at this point. They are trying to get that idea accepted, but there is no legal basis for it.
Australian consumer laws would sort Nintendo out very quickly if they did that to any products that they sold in OZ. The stores would have to replace them for the users and that would be the end on Nintendo. They have to be all talk with crap like this.
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@bd1235 Aussie would be a small loss
The answer for me is very simple and Nintendo has to start realizing that game distribution and purchase has to evolve to meet the demands of 21st century users. By that, I mean that Nintendo and game companies simply can't continue to charge $50 (I'm being generous here) for a video game; too many duds are released at that price and consumers (especially young ones) simply can't afford to buy more then a handfull of games a year for that cost (seeing they already forked over hundreds of dollars on the system). Just as the music industry has started to shift to a model of downloading the tracks you want at a [relatively] low cost, you should be able to download games (or parts of games to sample before you buy the whole thing) at an affordable price (say $5). I believe that making games more accessible with such a model would negate the need for flash cards and pirated games (thereby bringing deserved sales profits back to the game developers, not the flash card manufacturers). Seems so simple to me, but certainly a leap of faith for Nintendo and others. Smart phones (iPhones & others) have already gotten the message (with cheap apps & games) and will soon lead to the obsolecence of video game systems as we know it. Just like what's happening to music CD albums, video stores and soon TV network stations... Wake up Nintendo!
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$5 games is NOT going to happen.
Me_too 10th Mar 2011
@neonwild

However (or parts of games to sample before you buy the whole thing) could, Shareware I believe it is called. wink
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@neonwild

the games and other software wouldn't be so expensive if punks like you wouldn't steal it
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Who's to say a simple alteration couldn't be flagged just as illegal as the illegal roms? There are such things as false positives. If firewalls can't always tell good programs from bad, why should be think that nintendo can do any better? If I drop the kinda cash needed to buy one and I find a nice darker theme online that works with the firmware, I feel like I should have the right to "modify" the system. If they dislike it then they'll lose me as a customer, simple as that, and I seriously doubt I'm alone. And as stated in other areas of this discussion, theres also the issue of homebrews which could also accidently flag the system as being "illegal" software or illegal mods. Same could be said of any other files it can use, such as a glitched song, movie, flash card with bad sectors, etc. This is a bad move on Nintendo's part, and hopefully it'll generate enough outrage to make them reconsider their actions.
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@Werewolfhero

I bet that it would be a Software ID that is placed on the firmware, like OEM PC's do from HP and all them that allow you to install windows you purchased with the syteem without a install key because there is a list of keys burnt into the BIOS. it would be the same thing. Why not have a writable firmware technology in there that might require the demand to update it, and if so, then stores could offer services to flash them on purchase, or as needed. yes potentially an additional Fee, but isn't it nice to know that your gaming developer looks out after you. after all that is what they are truly doing!! Illegal downloads on gaming systems are dangerous and you could brick your system because someone you burnt the something from injected a virus into the ROM and then it installed on your DS for example, now your system is useless in much of the same way. this stuff has been going on for years, just you have been getting lucky!! all you who appose this are paranoid, fo real
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Well, I'm planning on buy 3ds games through my point from this website (http://www.points2shop.com/?ref=shyguyrbr) but it'll suck to have to carry around all my ds games if I want to play them rather than a single flash card.
CF Whitman wrote: "I can wipe off the software on my computer at any time and install whatever operating system and software I can get to work on it. In fact, I do. I run Linux on my PC, and Microsoft certainly doesn't own it. In fact, the idea that a console manufacturer owns the system that they sell you is legally indefensible at this point. They are trying to get that idea accepted, but there is no legal basis for it."


Agreed. My same point. I have a samsung tv and a corvette. What's next, Samsung will shut off "their" tv if someone's watching porn on it? Chevrolet will disable my engine if I install unlicensed floormats or attempt to patronize a "non sponsored" auto parts store via notification through gps? The proprietary rights of purchasing individuals would be infringed upon significantly were the bulls*** that Nintendo ATTEMPTS to make consumers accept actually true. It would remain to hold logically no defensible weight in court and Nintendo's unethical attempt to increase their profits because they remain incompetent, both financially and otherwise to shift with the times and meet their consumers where they're at, remains to be only justified in the minds of nintendo employees, stockholders and idiots who have no logical concept of the infringement upon their own rights as consumers. Nintendo attempts to now jump on the bandwagon of modern, unethically **** companies trying to save themselves from profit loss because they're unable to compete with the inevitable growth of virtually unstoppable file sharing technology while they continue to deceive consumers by implying the consumer purchases the product which leads to sales boosts through such lies when they continue to attempt to enforce as if it were otherwise. Consumers should wake the f*** up to such proprietary violations and unethical disregard for user rights solely for the sake of profits and boycott **** companies like Nintendo for this. Survival of the fittest Nintendo. You can't take the f***** heat, get the f*** out of the kitchen.

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