• @[email protected]
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    342 months ago

    As Russ notes, this is the second strike from Nintendo on his channel. The first, it’s worth pointing out, was related to his coverage of a device which allows you to dump Switch games to your computer

    [My emphasis]
    It should be noted, the only way to legally play an emulated game is to dump the files off a cart/cd/floppy/w.e that you personally own. Which makes this even more egregious, as the video is about a device that could be used for piracy, but is also one of the only ways to legally make a backup of your property.

    • tehWrapper
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      82 months ago

      I feel like Nintendo licence agreement for all the games would have some clause your not allow to dump or run the game on other hardware.

      • @[email protected]
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        42 months ago

        I’m sure they do, however, as with 90%+ of most EULA’s contents, that wouldn’t stand up as legally binding in a fair number of countries.

      • @[email protected]
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        32 months ago

        Is there a Nintendo license agreement? I’m looking at a Switch game right now and see no “by opening you agree to TOS” language on the box. When I started the new Zelda a few days ago, there was no TOS acceptance.

        While most software today has a license, and Nintendo’s online store is different, unless I’m missing something it looks like only basic rules of law apply to the carts.

          • @[email protected]
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            2 months ago

            Hmm, it’s been awhile since I set up my Switch. Yup, if the user must agree to this at Switch setup, then you’re right.

            That said a good lawyer would argue every game purchase is by default covered by its own right-of-first-sale and backup copy case law foundation, so would require a click wrap agreement affirmation to contravene that. Definitely that is required for each new game. So I think Nintendo’s not on reliable legal ground at the very least.

          • Zoot
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            22 months ago

            That doesn’t count for physical cartridges, especially not ones not even made by Nintendo lol.

            • tehWrapper
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              22 months ago

              Every cart is made by Nintendo first party or not… its a proprietary media format…

    • @Mango
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      22 months ago

      I can legally play however I please, payment or not. It’s distribution where they get you.

  • @Sakychu
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    132 months ago

    Then give us a way to play those games. Oh no, wait we instead release a full price version of 3 Mario games for only a limited time…

    • @[email protected]
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      2 months ago

      Sounds like the environment they wish to cultivate, just like the Disney Vault.

      Edit: not defending, it sounds like their products should move to obscurity, like anime in the 80’s.