- cross-posted to:
- gaming@beehaw.org
- cross-posted to:
- gaming@beehaw.org
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You buy Nintendo, you get Nintendo.
If you try to go online with a flashcart, you’re an idiot and I have no sympathy.
Follow the link in the article to find out what really happened: https://www.reddit.com/r/NintendoSwitch2/comments/1lcqw4d/comment/my2iylo/
I also posted this in another threads a few days ago:
Nah, the OP of one reddit thread admitted he tried more than just his backups:
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Dude is a prolific poster in Switch hacking communities and he used an account which he previously used with a hacked Switch 1
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He admits trying the migswitch with the Switch 2 and it starting downloading something.
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They got an online ban, so offline games and such still work.
You can agree or disagree whether piracy should be legal or whether backup copies are permitted (depends on jurisdiction), but this dude obviously played with fire and got burnt.
TL;DR: don’t be stupid and get banned for breaking ToS (whether you agree with it or not)
edit: more context: https://www.reddit.com/r/NintendoSwitch2/comments/1lcqw4d/comment/my2kigh/
Sadly (at the time of writing) you’re just getting downvoted, because Lemmy’s hateboner for Nintendo is more important than context
Luckily at the moment they have a lot more upvotes than downvotes. Probably because they are providing information and aside from the “you are stupid for breaking (a likely-predictable) TOS and expecting nothing to happen” judgment, it’s pretty neutral on passing judgment on the bigger argument at hand: whether this policy should be here in the first place.
If you see personal insults you should report the comment. Instances and communities have rules. Downvotes aren’t insults though
Things you should never get caught liking on Lemmy:
Nintendo
Windows
Auth-right, lib-right, or lib-left politics
A can of beans
Police
Man vs bear hypothetical
CalyxOS
Etc.(Edit: formatting)
I know Lemmy’s objection to most of these and I honestly dislike them too (oh no, brainwashed drone alert! Honestly, I consider myself quite lucky I hit a group where I actually do match the hivemind instead of being different yet again. Except I think Lemmy has a much higher tolerance for political posts, and for personal insults towards people who don’t share the hivemind than I do, but hey, you’ll probably never hit 100% consensus with any big group), except: I wasn’t aware that Lemmy had something against a can of beans. Genuinely, could someone please explain? Is this a reference to something, or is it genuine dislike towards canned beans? What’s wrong with canned beans?
It’s a reference to this post. A lot of people found it funny but a lot of lemmings also thought it was insulting and spam
They didn’t even get downvoted, but you decided to get angry about this imaginary scenario just in case. What’s wrong with you?
I was sitting at like, -2 when they made that comment so not imaginary. Please try to give the benefit of the doubt before jumping to conclusions
I was sitting at like, -2
Oh no 😱
It’s funny that in lemmy vs reddit threads people always bring up that there is no karma farming, but then you see this nonsense.
Stop moving the goalposts. Nobody cares about the votes themselves.
This is about observing a fact and recounting it to someone who’s misinformed about the situation and even has the audicity to gaslight someone over it
Yeah I was thinking the same, first few votes were down lol. Now you seem to catch the fire for pointing it out. Hope you care as much about votes as I do (which is not at all)
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Tbf, I hope nintendo keeps going this route and punishing more and more its customers. After all, if you keep supporting a company that hates you so much, you deserve what you get.
Most of their customers don’t even know the Mig flash exists.
I’m a filthy Switch pirate and I only knew of the name. I didn’t know what it was exactly or how it worked until the recent reporting about it.
I don’t think Nintendbros will care. They already pay $120 to buy the same game twice.
Yes Nintendo yes! I’m sure you won’t turn into a Sony after the OtherOS debacle, just keep doin what you’re doing! LMAO
Why is the title worded that way, he literally was pirating. It isn’t ‘Suspicions’ to use a MIG cartridge.
Because in the US and several other countries you can legally back up a cartridge that you have bought. In that case it wouldn’t be piracy.
In that case it wouldn’t be piracy.
What about in this case?
You may have the right to make a backup, but playing that backup on a non sectioned device or via non sectioned means is still a breach of the TOS and breaking the license terms of the game and/or console. Oh and it is in violation of the DMCA as far as I know, because to make the backup it is needed to circumvent copy protection, which is forbidden by the rules of the DMCA (and equal laws in other jurisdictions like Europe). You may own the cartridge, but you still only have a license (with very specific terms and rules) to use the software on it.
Using modified hardware might break other regulations or terms of services, but using a backup copy of a copy you own that hardware is not piracy in several jursidictions. Which is the answer to the question in the comment.
Even if that is legal (it isnt), but it will be circumvention of encryption at worst and recreation of protected algorithms, code and keys in a non-nintendo product at best ( and thats before talking about game cartridge content ).
Last i checked that is still illegal heheEven if that is legal (it isn’t)
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Are you a lawyer?
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I am not a lawyer, but I have talked to lawyers about this before and their answer was basically:
The owner of a copy of a game or other computer software may “make or authorize the making of another copy.” Legally speaking, the law does not require the person who owns the copy to personally make the backup copy, nor does it specify that the backup copy be made only from the copy owned.
This is important because on Nintendo’s own website they state the following:
Therefore, whether you have an authentic game or not […] it is illegal to download […] a Nintendo ROM from the Internet.
What Nintendo is saying here is outright wrong. A person who only has only temporary possession of a game (such as rental or borrowing) gains no rights under 17 USC 117, and may not download a copy without separate permission, which obviously Nintendo would never grant However, A person with permanent possession of a game (such as a legally purchased game either from retail or used) DOES gain those rights to an archival copy. These rights supercede any restriction on those rights Nintendo would presume to apply. Nintendo presumes to add extra conditions and terms that do not actually exist in the law.
The purpose of the archival copy provision is to protect legal owner’s access to the computer software in case of damage. If your copy of a game breaks, such as a broken CD, you have the legal right, as owner of that CD, to continue to use the computer software on that CD no matter its physical condition. An archival copy could then be used to create a working version of that CD so that you, the legal owner of that copy, may continue to access that computer software. This is also the case when access to that software becomes difficult or impossible, such as a game or other computer software that is stored on archaic storage media such as a floppy disk or paper tape.
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