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Jailbreaking Nintendo consoles legal, except when copying games: EU court rules
- Thread starter Poetic.Injustice
- Start date
Regulus Tera
Romanes Eunt Domus
Common sense prevails!
Broken Joystick
At least you can talk. Who are you?
Just in case people don't read OP.
GhostTrick
Banned
That's why Nintendo should region unlock their console. Because basically, it would give them a point, about claiming that the only purpose of this is copying games.
w1gglyjones
Member
zephervack
Member
So wait, this isnt about playing region restricted stuff, its just allowing the Wii to install homebrew play Mp3, videos, etc?
They didn't release any keys. They just released the hashes of the keys, to prove they found the keys first.
GhostTrick
Banned
By making homebrews pointless. As failoverflow stated, hack is now pointless for consoles, since a lot of cheapbox can do what you want. But by giving reasons to hackers to do homebrews, Nintendo is just shooting in their foot.
As a consumer, I have no need of homebrews for my 3DS... but let's be honest, if someone find a way to make my 3DS region free, I would need homebrews.
chrominance
Member
Does this have implications for region locking? I ask because while the article states only the copying of games as restricted, the actual quote from the court appears to be:
Obviously I am not a lawyer, but what's the EU/ECJ stance on importing content from another region? Is that considered an unauthorized act of distribution? Or does distribution merely refer to distributing copies of pirated material that you yourself did not actually crack?
Obviously I am not a lawyer, but what's the EU/ECJ stance on importing content from another region? Is that considered an unauthorized act of distribution? Or does distribution merely refer to distributing copies of pirated material that you yourself did not actually crack?
According to the Chaos Computing Club (Console Hackers) Wii U home brew isn't happening anytime soon and may not even be worth the effort at this point.
They explain in detail about the Wii U architecture in this video and about the proccess of hacking it.: http://www.youtube.com/watch?v=hZRz0xikaAU
They explain in detail about the Wii U architecture in this video and about the proccess of hacking it.: http://www.youtube.com/watch?v=hZRz0xikaAU
Starwolf_UK
Member
Canis lupus
Member
European Court of Justice judgment C-355/12 Nintendo and Others (Intellectual property):Video
52 views currently, GAF you know what to do. Its not playing for me though
Doesn't work in FF and Chrome here but works in... IE
Haha, that's pretty awesome. They're that far ahead of others and just wanted to show proof for later.
Senor Kami
Banned
Sounds like they gave the greenlight to piracy imo. I'm willing to bet that a convenient side-effect of nearly all of these devices is that they allow for easy piracy.
chaosblade
Unconfirmed Member
Isn't some of that stuff restricted because Nintendo doesn't pay the royalties for their console to support the feature?
If this was about region locking I'd agree with the decision, but as it stands, I'm not sure I do.
If this was about region locking I'd agree with the decision, but as it stands, I'm not sure I do.
sixteen-bit
Member
Hope this somehow jump starts region unlocking efforts.
Wow, I would have thought that with the DMCA and EUCD and stuff it would always be illegal to mod the console, regardless of what you use it for. Ah well, it'll probably end with TIP.
I don't care so much about other media files but I sure as hell want the right to region-unlock my consoles.
I don't care so much about other media files but I sure as hell want the right to region-unlock my consoles.
Well considering you can legally import foreign games, music and video's, I'm assuming they are talking about the distribution of pirated material.
It's a bit of a catch-22; "Piracy is illegal, but you can't do anything to prevent it". It's the way it should be, but I can understand companies chafing against that.
Except all someone needs to do is rustle up a homebrew version of Noughts and Crosses and they've 'justified' the homebrew purpose of the hack.
I don't think that's the same question. This ruling would guarantee a user's right to tamper with that console, not necessarily access a network service with that console.
Exactly my reading. You can do what you like with the console you own, but it wouldn't be illegal for the company that makes that console to stop you from connecting to their network.
Well they can still go after piracy itself. Not go after a consumer modifying a piece of hardware that they bought and own.
Starwolf_UK
Member
Its a shame it doesn't stop jailbreaking voiding warranty and landing you with a penalty charge (see that person who sent in a red Wii for replacement parts getting a £200 cost estimate, the person expected to pay £30 for £2 worth of parts).
I looked in the page source then iframe source and it is an mp4 file...nothing on this linux desktop can play it back anyhow.
Ironic considering Microsoft had to add the browser choice windows update to get round concerns of IE having a monopoly.
I looked in the page source then iframe source and it is an mp4 file...nothing on this linux desktop can play it back anyhow.
Indeed, remember the Wii photo channel had Mp3 playback patched out. As for how the ruling turned out, that is a risk Nintendo when they went to court.
Because some court somewhere saying no you don't have the right to tinker with the hardware you supposedly own would totally stop piracy dead in its tracks!
Am I right?
Am I right?
No obviously I'm wrong and so are you. There's no doubt that what 90%+ of modded consoles will be used for piracy, but let's look at it this way. Before this ruling let's say we'd have 100 people in the near future modding their console to download games. After this ruling? It's not going to substantially change. It's still going be pretty close to 100. What I'm more concerned about is that 10%, or whatever, of people that actually legitimately use their modded console for homebrew and other such purposes. This ruling is huge for them yet changes more or less nothing in regards to the state of piracy.
chaosblade
Unconfirmed Member
I wonder what this means for Nintendo, since it's a unique issue to them.
So, since it's technically legal to mod a Wii/WiiU for DVD playback, and people do that, could the DVD forum not go after Nintendo for failing to prevent their system from being hacked and ultimately allowing people to use the format on the device even though the group isn't being paid royalties for it? Could they demand royalties regardless and if Nintendo refuses take them to court?
Or would the companies involved just not care? Because surely many devices have been hacked over the years to playback formats they weren't supposed to, but I don't know if the ruling here changes anything. It almost seems like it passes the buck from the hackers to Nintendo since the hackers are within their legal rights.
CadetMahoney
Member
common sense prevails/
Glass Rebel
Member
European Court of Justice judgment C-355/12 Nintendo and Others (Intellectual property):Video
52 views currently, GAF you know what to do. Its not playing for me though
Why is this in fucking
Napalm_Frank
Member
Even EU court is tired of region lock bullshit.
I think - and I am *absolutely* Not A Lawyer - the DVD forum controls rights to the decryption of DVDs, which in the case of a hacked Wii would be happening at the software level - it's the *software* which breaches their license, not the hardware, and the software is an external homebrew product.
chaosblade
Unconfirmed Member
That would make sense, especially given that Nintendo is able to use DVD hardware without paying the royalties. So nothing really changes in that case.
Assuming it works similarly for other formats this outcome seems entirely agreeable.
Why is this in fuckingCranky KongItalian
The judge basically says what has been said here already.
Plus the fact that watching over jailbreaking devices is the duty of national judges: they have to decide on a case by case basis if said devices violate the interests of the manufacturer/third parties, i.e. piracy.
Common sense prevails. And why shouldn't it be legal to for instance hack a Nintendo console in order to remove the region lock?
Dear Nintendo, how about removing the region locks yourself and thereby reducing the incentive for jailbreaking? Region locking is an outdated and anti-consumer measure that needs to go away forever.
Dear Nintendo, how about removing the region locks yourself and thereby reducing the incentive for jailbreaking? Region locking is an outdated and anti-consumer measure that needs to go away forever.
Glass Rebel
Member
Hesemonni
Banned
"Just released" as in when? Or do you mean what was presented during 30c3?
So for each individual product that they feel aids piracy, the console manufacturer is obligated to prosecute against that product in each country?
That's what I understood. After all we're still (almost *sigh*) sovereign states in the EU, so obviously every country has its own laws, even though we have general guidelines.
Though the judge wasn't italian, the way she read the virdict made it difficult to understand completely what she was saying.