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[anton]

Ban Hammer, meet Nintendo.  Nintendo, meet Ban Hammer.  All cozy?  Good.

    Chapter: Unauthorized Devices or Accessories.

    Your Wii Console and the Wii Network Service are not designed for use with any unauthorized device or any non-licensed accessory. You may not use any such device in connection with your Wii Console or Wii Network Service. Such use may be illegal, voids any warranty and is a breach by you of this agreement. Nintendo may take steps to disable any unauthorized device installed in your Wii Console, including, but not limited to detecting and disabling your Wii Console through the Wii Network Service and/or game software. If a modification is detected, your access to the Wii Network Service may be disabled and/or games may be unplayable until the modification is removed. Further, such use may lead to injury to yourself or others and may cause performance issues and/or damage to your Wii Console and the Wii Network Service. Nintendo (as well as any Nintendo licensee or distributor) is not responsible for any damage or loss caused by the use of such device or non-licensed accessory.

http://gonintendo.com/?p=40963

It's certainly was a long time coming.

[onekelly]

Ban Hammer, meet Nintendo.  Nintendo, meet Ban Hammer.  All cozy?  Good.

    Chapter: Unauthorized Devices or Accessories.

    Your Wii Console and the Wii Network Service are not designed for use with any unauthorized device or any non-licensed accessory. You may not use any such device in connection with your Wii Console or Wii Network Service. Such use may be illegal, voids any warranty and is a breach by you of this agreement. Nintendo may take steps to disable any unauthorized device installed in your Wii Console, including, but not limited to detecting and disabling your Wii Console through the Wii Network Service and/or game software. If a modification is detected, your access to the Wii Network Service may be disabled and/or games may be unplayable until the modification is removed. Further, such use may lead to injury to yourself or others and may cause performance issues and/or damage to your Wii Console and the Wii Network Service. Nintendo (as well as any Nintendo licensee or distributor) is not responsible for any damage or loss caused by the use of such device or non-licensed accessory.

http://gonintendo.com/?p=40963

It's certainly was a long time coming.

A long time coming? Don't tell me you just realized doing that type of stuff is illegal? It has always been this way.

[anton]

Nah, I always did know that.  I just think Nintendo is just laying down the fundamental legal groundworks to start banning consoles.  Honestly, I expected Ninty to ban consoles much earlier.  This is just the sign to expect the ban hammer to start churning.

[onekelly]

unfortunately, there is not much to ban you from (IMO). It is not like you actually need to on there network to do any of the games.

[anton]

That maybe true to a certain extent.  What comes to mind is the online play, virtual console purchases, wiiware, and a whole host of other online channels they have.  Since the Wii is a console that seems to have more offline content than online, you may have a point, still it's really Nintendo's only recourse.  Or maybe they'll push bricking software into modded Wiis.  Now that's serious!     Unlikely though.

[onekelly]

That maybe true to a certain extent.  What comes to mind is the online play, virtual console purchases, wiiware, and a whole host of other online channels they have.  Since the Wii is a console that seems to have more offline content than online, you may have a point, still it's really Nintendo's only recourse.  Or maybe they'll push bricking software into modded Wiis.  Now that's serious!     Unlikely though.

Your point is true as well, but the only bricking software would be the following in there quote

If a modification is detected, your access to the Wii Network Service may be disabled and/or games may be unplayable until the modification is removed.

that would hopefully be the most they could do legally, via bricking wise.

[anton]

I'm quite leary about this part of the blurb in the EULA.

Nintendo may take steps to disable any unauthorized device installed in your Wii Console, including, but not limited to detecting and disabling your Wii Console through the Wii Network Service and/or game software.

It's the only part of the EULA I think that basically allows Ninty to brick 'em all.  Would be bad publicity though, especially if they manage to attack innocent consoles.

[DeVS]

Hitting innocent console would not be bad publicity, it would be a class action law suit,lol. Nintendo will at MOST block you from using their online service like XboX has been doing for almost 6yrs now.

[anton]

In fairness, banning innocent Wii consoles from online service would constitute a class action lawsuit as well.   
But yeah, bricking may not happen...

[Hi]

    Chapter: Unauthorized Devices or Accessories.

    Your Wii Console and the Wii Network Service are not designed for use with any unauthorized device or any non-licensed accessory. You may not use any such device in connection with your Wii Console or Wii Network Service. Such use may be illegal, voids any warranty and is a breach by you of this agreement. Nintendo may take steps to disable any unauthorized device installed in your Wii Console, including, but not limited to detecting and disabling your Wii Console through the Wii Network Service and/or game software. If a modification is detected, your access to the Wii Network Service may be disabled and/or games may be unplayable until the modification is removed. Further, such use may lead to injury to yourself or others and may cause performance issues and/or damage to your Wii Console and the Wii Network Service. Nintendo (as well as any Nintendo licensee or distributor) is not responsible for any damage or loss caused by the use of such device or non-licensed accessory.

Sortta pointless but I HAVE to point out... looking at this from the perspective of a lawyer...

...not designed for use with any unauthorized device or any non-licensed accessory...

Hmm, well, as a strictly homebrew user, the only thing that I'VE done is.



1. Downloaded some NON-ILLEGAL files and put them on my SD card. (Unless copyrighted, I can put whatever data I want on my SD card.)

2. Copied a save game from my SD card onto my wii. (So what if it's a hacked save game? That doesn't make it an unauthorized device or non-licensed accessory.)

3. Run a Nintendo-made, Nintendo-produced, and Nintendo-licensed game on my Wii (Which, just for the record, I NEVER would have bought had it not been for this exploit)

4. Began going about doing my business playing the Nintendo-licensed game... (Suddenly, the game stops and some odd text flashes across my screen... how did that happen... I wonder... But technically, I'm still playing the game, right? I haven't used ANY unauthorized devices or non-licensed accessories.)

5. highlight some text reading "WADinstall~1" and pressed A. (Still playing just playing my Nintendo Licensed game...)

6. Pressed reset a few times...

Hey... there are now several new channels on my Wii which I don't think were made by Nintendo... BUT SO WHAT!

Not designed for use with any unauthorized device or any non-licensed accessory.

Throughout the whole process, I haven't used ether! Silly Nintendo, you forgot to include a section about modified save-data.

Of course, this is all assuming that only custom, homebrew software was used.



If I'm mistaken, which I may be, please correct me...

[anton]

I think standard software EULA would have a clause on disallowing reverse engineering which I think hacked saves would constitute as.  Could be wrong though.

[Devil_Spawn]

1. Downloaded some NON-ILLEGAL files and put them on my SD card. (Unless copyrighted, I can put whatever data I want on my SD card.)

im pretty sure thats where you would be caught out. surely vc/wiiware titles are copyrighted.



also, dont forget about the computer misuse act.

[anton]

1. Downloaded some NON-ILLEGAL files and put them on my SD card. (Unless copyrighted, I can put whatever data I want on my SD card.)

im pretty sure thats where you would be caught out. surely vc/wiiware titles are copyrighted.

I'm pretty sure Hi means that he downloads things like the homebrew channel, which aren't covered by Ninty's copyrights.

[Hi]

I'm pretty sure Hi means that he downloads things like the homebrew channel, which aren't covered by Ninty's copyrights.

Yeah, that's what I mean.

[Devil_Spawn]

what about the WAD file format?