Nintendo 3DS logs flash cart use?
UPDATE: Nintendo responds, stays cagey.
UPDATE: A Nintendo spokesperson issued the following statement to Eurogamer: "We do not discuss product security details (for obvious reasons), nor can we discuss the details of countermeasures available in the Nintendo 3DS system.
"Nintendo 3DS has the most up-to-date technology. The security has been designed to protect both the creative works in the software and to protect the Nintendo 3DS hardware system itself."
ORIGINAL STORY:The Nintendo 3DS may remember each time a flash cart-pirated game is played.
And if it can do that, Nintendo can pin-point which systems have been used illegally and disable them via firmware.
Japanese shop Enterking warns buyers about this on its website (via GoNintendo):
"Dear customers who resell Nintendo 3DS," a roughly translated open letter reads.
"Non-purchase able 3DS system: if you use equipment which is illegal or unapproved by Nintendo or if you do customisation which is unapproved by Nintendo, there is a possibility that Nintendo 3DS becomes non-bootable by system update."
"Because of terms of agreement above, Enterking refuses to buy 3DS system with a record of illegal or unapproved equipment.
"To protect from leaking your personal and internet connection information," the warning adds, "we ask customer to format system."
Nintendo had huge problems with the R4 flash cart, which could store hundreds of downloaded DS games obtained illegally online at no cost. The infamous R4 cart was eventually outlawed in the UK last summer, following a ban a year earlier in Japan.
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Comments (71) Latest comment 11 months ago
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If 3DS from launch has the same ratio of piracy, the publishers would get cold feet for small returns in first year or so.
Still some will be up in arms about this!
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Killing off the flash cart and second hand sales of 3DS in one go?!
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Nintendo have to be able to prove to all developers that they are doing all they can to restrict piracy or their platform won't be seen as viable.
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If a flash cart can bypass copy protection on games then the 3DS would see it as a legitimate game and wouldn't log anything bad in the first place. See the current state of Xbox 360 piracy as an example.
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Unfortunately piracy won't be stamped out on 3DS, but it will become much harder to do which is a good thing.
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If Nintendo substantially ramp up the online side of things they'll have a far more effective stick to punish pirates with.
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And killed the game market in the process which as a consequence is mostly shovelware / licenced titles.
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The only problem is that it may be too little, too late. The 59p Apple/Android brigade are proving that some games can be cheap AND cheerful, but will punters still eagerly pay £30+ for something that doesn't have Prof Layton, Mario or Pikachu stuck on the front? I hope they will, but a recession has a funny effect on people.....
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UK Top 40 Charts entry No. 1 and 2 want to have a word with you.
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How I would do it is the user has to go to the Nintendo website sign a form to say that he/she won't use pirate software in future and get a RMA number and then pay something like £3 to cover return postage cost. Then send it off and its restored to functionality by Nintendo. Actually call it £5 to allow a small cost of restoring the system. That way its a massive inconvenience for the user and they only get 2 restores before Nintendo refuse to restore again.
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Bloody outrageous over reaction from another software company.
I've said it a load of times and I'll say it again...sell all new games at much cheaper prices, then piracy would be virtually eliminated. Why pirate a game when you can buy it brand new, factory sealed in all its packaging for £19.99 from a shop?
Frankly,I think Handheld games should all retail at £14.99 and all other major console formats and PC should be £19.99 on release.
Regardless, 3DS is a system I can see myself ignoring totally, as I barely play my current DS or indeed my other handheld, the PSP.
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Market was killed by Apple and their cheap games in App Store.
Most games for Nintendo DS were not really much more complex than IOS ones, only more expensive. Plus Nintendo DS is no more a cool device that everyone should buy and play games on it - iPhone and iPad are such cool devices now.
Funny thing is Apple doesn't seem to suffer from piracy much, although jailbreak is there. And good games sell extremely well - just you look at Inifinity Blade. Time of dedicated portable consoles is over IMO.
I'll buy Sony NGP for all the 1st party core titles like Uncharted or God Of War, but there won't be a lot of people like me. Not nearly as many as iPhone 5 buyers.
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If what you say is true, how do you account for rampant piracy on mobile platforms where freetards would rather pirate than pay 59p for Angry Birds?
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I've read estimates approximately 40% piracy rate on iPhone, 65% on iPad, and north of 95% on Android (hence developers choosing alternative of 'free' software with built in advertising for that platform).
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In my opinion its also why PS & PS2 had such a massive presence in the market place and did so well for so long. I think in their cases Sony turned a blind eye to what was happening as it sold bucket loads of hardware. If you have the hardware, you need the controllers, and the memory cards...and maybe a stand......and a better AV lead....all of which Sony provided.
Sony only clamped down really heavily in the year leading to the release of PS3, and have been chasing their tales ever since.
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Yeah, lots of jailed devices out there, but they don't care - install base is huge, and there are enough potential buyers left.
Apple makes money on each iOS device sold, and even if half of those are modified, games still sell well even without freemium/ad-supported model.
As far as I know Nintendo always made money on each console right from the launch day (unlike Microsoft and Sony), so I don't get their whining. Nothing new came from the company since Wii - no new hardware concepts and no new software ip. And yet they still think they will be the only guy who gets rich around here - with MS/Sony launching motion controls and Apple kicking their ass in the portable market.
Piracy isn't good, but busting pirates won't help in this case.
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Lots of people own counterfeit DS games not knowing they're fake.
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One downside with piss-cheap iGames is that i tend to buy more games than i should, ending up with tons of games i barely touch, something i know im not alone in doing.
In my world, iPhone-games and "real" handheld games are two separate beings.
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Region Locking is a PITA though ... bought my eldest child a long wanted DS game whilst we were recently in the USA. When we got back from the mall it wouldn't work in her DSi because of region locks, which was extremely annoying, but it does work in younger sibling's DS which was good but now creates another problem.
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The word "mostly" escaped you there didn't it? I realise there is still the odd premium game but greatly diminished over what it could have been.
I'd also note that Nintendo enjoy the advantage of brand recognition which means even in a wasteland of piracy they might get enough sales from some of their titles to make a profit. It doesn't mean their profits aren't vastly diminished over what they should be though.
It's also noteworthy that there is some small arms warfare going on in the DS scene with recent carts trying to introduce anti-piracy measures. Unfortunately they're not succeeding too well.
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They COULD use built-in GPS trackers to target pirates with orbital laser platforms - in theory - and it's about as likely!!
If Nintendo disabled someone's 3DS they'd be torn-to-shreds in court - every aspect of EU consumer law is on the side of the person who bought the device(and all those licence agreements they make you read are legally untested nonsense which attempt to override basic protections which cannot be overridden in that fashion.
The most they could do is disable online access (ala being banned from XBL) - actually trying to shutdown the console entirely would have them out of business in a matter of months...
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No such protection applies to software, so they could disable firmware updates or online access - as Microsoft do quite regularly.
Legally, your complaint would be with the retailer and not Nintendo tho - which could become a bit of a minefield for everyone concerned.
Especially were they to suggest that you inflicted 'damage' by using a flashcart/hack/rom/whatever - you'd have to prove this wasn't the case and that might be tricky.
Realistically tho, it would be a consumer relations nightmare for Nintendo. If the press decided to get behind the consumers, it could sink them.
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You've got the wrong country mate, "fair use" is an American legal concept and doesn't exist in law here.
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There is no piracy of 3DS carts. Only pirated DS games will work on the 3DS.
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Im sure that's a great comfort to 3rd party developers...
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No.
Because you rendered your warantee invalid by using unlicensed hardware (the r4 card) in it.
I think you'll find that modifying or using unlicensed equipment in any consumer piece of electronics invalidates your warantee. If i use non canon-ink in my canon printer, and the ink cartridge explodes, damaging my printer - i cant go to canon and demand a replacement. If i wire my tv up to free illegal cable, but thanks to an unprotected cable, there's a power surge which comes in and blows up my tv.. thats also my fault, not the tv companies nor the cable provider (who i was ripping off).
If i use a non nintendo cartridge in my handheld, and it breaks the handheld - then that's also not nintendos problem (even if it was them who specifically engineer it to break if this happens).
Good luck taking them to court over this btw... What are you going to do, admit to breaking the law using illegal software in the court? That'll be something i'd like to see.
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LOL!
I'd guestimate that fewer than 0.001% of people who use an R4 actually have a SINGLE homebrew game on there.
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You are entitled to a replacement from the retailer, actually.
we get ripped off with these added guarantees shops offer when in fact they are not needed.
That right, but also when retailers shirk their responsibilities under the Sale of Good and Services act and tell you to contact the manufacturer directly, it is the retailer who is legally responsible -- when you buy something you have a contract with them -- not the manufacturer.
So Nintendo could brick your machine but they would then have to replace it anyway as its not functioning as it was advertised.
Nintendo could brick your machine, and it would be the retailer that would have to replace it. But as others have mentioned, if you tampered with it -- for example by using an R4 cartridge -- then they could easily say that your warranty is voided. Similar example is the water colour check on Apple iOS devices, try getting a warranty claim on an iPhone if the pink sensors have been set off by a liquid.
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Regardless of your point of view (and if I want to run ZXDS on an R4, why the bloody hell shouldn't I?) what is FACT is that sooner or later you will be able to pay pirated games on the 3DS and Nintendo won't be able to do anything about it.
Look at the PSP, all those required firmware updates, and you can still run ISO loaders on them.
What would be good is if any upcoming R4/CFW on the 3DS gets shot of the stupid region locking, I OWN games on DS from all three main regions, a couple of which have never seen the light of day here (Contra 4, Retro Game Challenge) and in this day and age, region locking is inexcusable.
Failing that, maybe Datel can make an adapter that needs you to have a same region cart out of the back, that looses your game save when you wobble it around!!!
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I'm genuinely amazed it has taken this long. I think you'll find though they will argue that the s/ware on the machine is NOT your property, it's licenced to you and they are essentially revoking that licence (if it turns out this is all true plus they decide to use the ability to brick it/ disable features.)
Not that I agree with it, but that's how they will try to swing it.
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It's tricky - disabling the device is the only thing I can imagine that would work in combating piracy. When it comes to the 360 completely banning a console from using Live! or the marketplace has quite an impact on the appeal of the console, at least for the vast majority of 360 users. Frankly, if I couldn't use my DS or my Wii online I'm not sure if I would even care. It's even worse because once you hack your Wii you don't even need online access to get to VC or WiiWare games.
I don't know what I would do in Nintendo's position but that they are now persuing pirates a lot more active than they used to was expected. The biggest problem with DS piracy was that people actually made money with it. Pretty much all the hacks for home consoles are software only, nobody is making any money with it. It's different on the DS and I'm pretty sure the reason why DS piracy is so rampant is because you can make money by selling/producing flash carts. With so many manufactors wanting to get a piece of the pie those devices are getting pushed far more than any software product and thus increasing the reach these carts get.
Looking at it that way DS piracy is much, much worse than on other consoles - Nintendo absolutely has to do something and it has to be drastic, otherwise it will be just like the DS. Sadly just trying to prevent piracy in the first place is not enough anymore.
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Please dont use baseless assumption like that. See homebrew COLORS on NDS from "Collectingsmiles". An awesome drawing apps with beautiful "playback" feature.
even today, i still think the best anti piracy is something like what sony has done in PS3 (by enable linux). Cant nintendo just release 2nd app store a-la Cydia?
the app will e free to develop with nintendo releasing free SDK too and also allow games/app from this 2nd app store be delivered for free (freeware).
Do that in nice environment (not as restricted as PS3 linux access),
then MAYBE (sorry no proof), the White-hat hackers wont do any harm with 3DS Security.
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Maybe because they were making such a loss on the hardware which they were aiming to make up for with software sales?
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I expect both a consumer and legal backlash to snowball soon and this may very well be the next video games market crash happening in slow motion! Sales are already down year on year thanks to constant call of frakkin' duty and fps games. I'm bored of them and it seems I'm not the only one.
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"Genuinely amazed at the number of people willing to defend a huge corporation's right to deliberately break someone else's property via remote control because they weren't using it in the intended way."
These arguments seem a bit strange to me, since Nintendo is not stopping you "doing what you want to" with the console. They're simply telling you that if you try to do x,y,or z it will likely break - where 9 times out of 10, x,y,or z will be the attempt to install pirate software.
Personally I find this argument similar to one a few years ago, "I should be allowed to BACKUP my games' disk". How many of those people were actually backing up a disk and how many were pirating games?
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You're missing the point. I'm not arguing with what Nintendo are saying, because they're a corporation and will make announcements like this just to test the water. And if they start bricking consoles in significant numbers, they'll likely see a large consumer backlash.
What I'm commenting on is the sort of slack-jawed simpleton who says that Nintendo is entirely within their rights to do this. It's like Harper Collins sending someone round to tear up your copy of a book because you lent it to someone else. If I buy a device, that device is mine. I understand that if I use said device as a bath toy, it may no longer function in the advertised way. If I use that device to play pirated software and Nintendo find out afterwards, the implication of the article (in its original form anyway) was that Nintendo could remotely brick it. That's an important distinction.
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Supercard dstwo pueden funcionar en Nintendo 3DS,Nintendo 3DS actualiza a 1.1.0-1J.R4i gold 3DS y Supercard dstwo todavía funcionan en 3DS perfectamente
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But other than that, N is perfectly in the right to do this. Piracy kills their business. The average gamer spends more money on games than on consoles, right? They're just protecting their profits by punishing those who abuse their products.