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Nintendo Penalizing Homebrew Users?
Posted by
Soulskill
on Sat Apr 25, 2009 02:17 AM
from the thanks-so-much dept.
from the thanks-so-much dept.
An anonymous reader writes "Bricked your Wii? Not only will Nintendo charge you for the repair, they will now add an additional fee if they detect any homebrew software. 'Should Nintendo have to pay to repair hacked Wiis under warranty? Maybe not, but they have no (moral) right to gouge customers out of spite for having the HBC installed. This actually poses a technical dilemma for us with BootMii. As currently designed, BootMii looks for an SD card when you boot your Wii, and if it finds the card and the right file, it will execute that file. Otherwise, there's no way to tell it's installed.'"
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Submission: Nintendo penalizing homebrew users by Anonymous Coward
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Is this allowable by law in Europe? (Score:5, Interesting)
Doesn't Europe have the equivalent of the Magnuson Moss Warranty Act [wikipedia.org]?
Re:Is this allowable by law in Europe? (Score:5, Informative)
For the uninformed (mods, looking at you), among other things, the Magnuson Moss Warranty Act (unless I've mixed up Supreme Court Cases) puts the burden on the manufacturer to prove that an aftermarket part or enhancement caused the defect for which the product needs to be serviced.
The homebrew channel would fall under this and since it is easy to remove be no cause for voiding a warranty (like Ford refusing an engine repair because you installed an aftermarket radio...).
Parent
No... (Score:4, Informative)
1) Warranties must be written in clear language. ("Full and conspicuous disclosure of terms and conditions")
2) Manufacturer's may not, as a condition of the warranty, require the purchase of name brand parts, unless they can demonstrate that such parts are necessary for proper operation. ("No warrantor of a consumer product may condition his written or implied warranty of such product on the consumer's using, in connection with such product, any article or service (other than article or service provided without charge under the terms of the warranty) which is identified by brand, trade, or corporate name;...")
A manufacturer can, as long as they spell it out clearly, void a warranty if unauthorized modifications are made to a product. An auto manufacturer could provide an engine warranty which is void if you hang fuzzy dice from the mirror, but they can't require you to use their brand of fuzzy dice. The MM Act does not put "the burden on the manufacturer to prove that an aftermarket part or enhancement caused the defect."
Feel free to read it [cornell.edu].
Parent
Re: (Score:3, Interesting)
I don't know why the parent is modded offtopic. Hopefully, those of you with mod points will fix this.
The warranty act is very interesting; I didn't know about it until now. According to Wikipedia: "Warrantors cannot require that only branded parts be used with the product in order to retain the warranty. This is commonly referred to as the 'tie-in sales' provisions, and is frequently mentioned in the context of third-party computer parts, such as memory and hard drives."
I would read this to also include br
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installing unauthorized software shouldn't void the warranty (unless, of course, the software is what caused the malfunction).
So can Apple be made to do warranty repairs on jailbroken iphones?
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Well if Linux can cause the screen hinges to break [cnet.co.uk] I suppose anything's possible.
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The question was:
"Doesn't Europe have the equivalent of the Magnuson Moss Warranty Act [wikipedia.org]?"
The person who asked was obviously very well aware that the Magnuson Moss Warranty Act does not apply in Europe. He asked if we don't have some European law with the same effect.
And for this you think he should be modded off topic?
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If it is a non-warranty repair, OTOH, then perhaps we need more third party service shops to show Nintendo the error of its ways. I should hope simple competition for repair work would put an end to this sort of shenanigans.
Otherwise, the parent poses an interesting and relevant question. Mods please click the link and *read* the page.
(If mods are Nintendo fanboys or shills modding parent down, I hope you get burned in meta-moderation.)
--
Toro
This would be like (Score:5, Funny)
Re: (Score:2)
Microsoft doesn't make or warranty most (any?) computers out there unless you consider the Zune a computer (which you can).
This is analogous to Ford discovering you put different computer chips in the control systems to eke out a few more HP. Now, it could have been an underlying problem with the hardware to begin with, but with software controlling the hardware it's hard to argue that Nintendo is 100% in the wrong.
Re:This would be like (Score:5, Funny)
Yeah, but if you've install Ubuntu on a separate partition on your Zune:
1) Congrats
2) Why?
Parent
Re: (Score:2)
Rightly So (Score:5, Insightful)
I do understand German, and this receipt says that the internal software (i.e. firmware) was modified.
Realistically, if someone voids their warranty by modifying the firmware on a device, regardless of whether it was done directly by the user or by the homebrew software, then they should expect to pay to have that repaired.
Why? because it takes time. Usually companies have very specific procedures for quickly re-flashing using their existing boot firmware. However, if that boot firmware is modified (i.e. the device is 'bricked') then that procedure needs to be changed. In this case, the engineer would need to 'hack' their own device to get it up to usable standards again (i.e. 'unbricked').
In the non-wii-world (i.e. reality), people that fix things also need to be paid adequately.
This customer should be happy that their bricked wii was even serviceable and that they weren't forced to cough up an extra 40€ to buy a brand-new Wii for 250€.
Re:Rightly So (Score:5, Interesting)
Parent
Re: (Score:3, Insightful)
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Why? because it takes time. Usually companies have very specific procedures for quickly re-flashing using their existing boot firmware. However, if that boot firmware is modified (i.e. the device is 'bricked') then that procedure needs to be changed. In this case, the engineer would need to 'hack' their own device to get it up to usable standards again (i.e. 'unbricked').
I find it very difficult to believe that Nintendo (along with every other manufacturer of such devices) doesn't have a very straightforw
Re: (Score:3, Informative)
Um, you do realize the story you linked to involves "a BIOS level malware attack capable of surviving even a hard-disk wipe". This is very different from it surviving a BIOS wipe.
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Is it so hard to understand? (Score:5, Interesting)
The warranty states that you cannot modify the system yourself either by opening up the console or installing custom firmware. By not following these conditions you're voiding agreed conditions. It's not illegal or immoral (gotta love the irony of accusing Nintendo of that in this case), you go against the contracted conditions, the contract is void.
If firmware has been modified they may not be able to use the utilities they have to detect faults or may not be able restore it as easily. It could take extra time and require extra effort.
It's hard enough giving support to customers when you know the software on their systems, let alone when they've got a modification which could be doing god knows what.
Re:Is it so hard to understand? (Score:4, Informative)
As someone posted somewhere above, the Magnuson-Moss Warranty Act covers this kind of thing.
If you brick your system due to failed modification, you're damn right Nintendo can charge you a repair fee. The fee, however, cannot be anymore than they'd normally charge to repair a firmware-dead system.
The MMWA was created because car companies once got together and decided that if you so much as stick a decal on your car that they didn't specifically approve, your warranty was 100% null and void. It does allow for exceptions, however, like if you shot some nitrous through your engine and blew it up. That's not their problem. Refusing to cover bad workmanship that destroyed your engine because you tinted your windows isn't allowed.
Parent
Re:Is it so hard to understand? (Score:5, Informative)
Except that's not true (even if the act did apply in Germany):
One condition of a full warranty under that act:
"may not exclude or limit consequential damages for a breach of any written or implied warranty on the product, unless the exclusion or limitation conspicuously appears on the face of the warranty"
And in very prominent text on the standard Nintendo Hardware warranty (their caps, not mine):
"THIS WARRANTY SHALL NOT APPLY IF THIS PRODUCT: (a) IS USED WITH PRODUCTS NOT SOLD OR LICENSED BY NINTENDO (INCLUDING, BUT NOT LIMITED TO, NON-LICENSED GAME ENHANCEMENT AND COPIER DEVICES, ADAPTERS, AND POWER SUPPLIES); (b) IS USED FOR COMMERCIAL PURPOSES (INCLUDING RENTAL); (c) IS MODIFIED OR TAMPERED WITH; (d) IS DAMAGED BY NEGLIGENCE, ACCIDENT, UNREASONABLE USE, OR BY OTHER CAUSES UNRELATED TO DEFECTIVE MATERIALS OR WORKMANSHIP; OR (e) HAS HAD THE SERIAL NUMBER ALTERED, DEFACED OR REMOVED."
That condition stands out clearly on the warranty ( http://www.nintendo.com/consumer/manuals/warrantytext_eng.jsp [nintendo.com] ) which itself is fairly short and easy to understand.
Parent
Re: (Score:2)
Except that's not true (even if the act did apply in Germany):
Don't forget the "as limited by applicable law" clause in the warranty (there will be one somewhere). Consumer protection laws such as those being discussed limit the extent to which companies can disclaim warranty.
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As someone posted somewhere above, the Magnuson-Moss Warranty Act covers this kind of thing.
If you brick your system due to failed modification, you're damn right Nintendo can charge you a repair fee. The fee, however, cannot be anymore than they'd normally charge to repair a firmware-dead system.
So a US federal law relates to a warranty case in Germany exactly how?
np: DOOM - More Rhymin' ft. Kurious (Born Like This)
Re: (Score:3, Informative)
--
Interested in Deep Water Culture hydroponics? Just ask Khyber!
Re: (Score:2)
And tell me, just what part of UNITED STATES LAW has any power in GERMANY, or are you so blinded with rage that you failed to read and comprehend the summary or the article?
Actually, given treaty agreements and the international nature of many companies a lot of US law could have power in Germany. Whether that is right or wrong is another story.
Of course, the OP asked in BRD had a law similar to the MMWA; not that it applied in BRD.
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The warranty can say I have to give them a herd of unicorns if I fart while playing the machine, but that doesn't mean it's legal or binding.
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I am rather attatched to my Wii.... (Score:3, Funny)
Bricked your Wii?
I would not take bricks to my Wii. It's too painful to even contemplate!
Take bricks to your own Wii...out of my sight!
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Dude, they're talking about if you were trying to throw your wii through a basket and it rebounds wildly off the rim or backboard making you look foolish. [wikipedia.org] Not literal bricks, that would be nuts!
" but they have no (moral) right to gouge" (Score:5, Insightful)
Anyone has the right to charge whatever price they want for any product or service they are selling. If you don't like it, don't pay it. It's as simple as that.
Yeah, I know you'll mod me down for this, it seems to happen every time I point out an utterly obvious truth.
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Anyone has the right to charge whatever price they want for any product or service they are selling. If you don't like it, don't pay it. It's as simple as that.
Yeah, I know you'll mod me down for this, it seems to happen every time I point out an utterly obvious truth.
Welcome to /., where the concepts of economics are as rarely understood, or proper;y applied, as a date.
I have to ask (Score:2)
Doing it on my XBOX back when was a little scarier but the Wii mods seem like child's play to be quite honest.
I guess I'm just w
Re: (Score:3, Informative)
Doesn't seem unreasonable (Score:2)
Since Nintendo cannot reasonably be expected to evaluate whether a mod is a source of problems, a repair will necessarily involve restoring the system to its stock status. It is not unreasonable for there to be an extra charge for this extra work.
Re: (Score:2, Funny)
It's not a "hacked wii fee", it was obviously a higher repair cost since the Wii was hacked.
RTFA and you'll notice they say that they will charge 180-210 euro for repairs on hacked Wiis even though it's not the normal fee.
Seems like they understood it was risky legal waters as well but wanted to go that way anyway. But yes, imho it's the owners console and the owner should be free to do what the fuck he or she want to do with it. Imho it's ok to charge for a repair during the warranty period if the hack hav
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Wrong. Around 250 Euros it is in Germany.
Wow, they're even cheaper in Switzerland (ca. CHF320/EUR210). That doesn't happen very often...
Although I picked mine up duty free in London for ~155 quid (CHF260/EUR170). :)
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You must not have a Wii, because it's quite a bit more complicated than that. For the sake of the community, allow me to explain:
There are ways to run homebrew on a Wii without leaving (much) trace. The problem is that this is really inconvenient to do, so most users opt to install the Homebrew Channel. This is where Nintendo believes their justification comes in. The install method includes using a hacked save file for Twilight Princess. Th
Re:Sorry, no deal (Score:5, Funny)
Really? Seriously?
A lot of people say that (and I hate MS as much as anybody), but if I was offered even the insult of $1,000,000 USD to install Windows 7 .............. I have a feeling that there will be a few machines with Windows 7 on it.
Then I would hire a few dozen Japanese hotties with pig-tails and school girl outfits to do all of my actual work on other machines and I would just have to *suffer* through it. At least when I get pissed off at the Windows 7 machine when it starts screwing up (inevitably of course) I can have a bunch of my "employees" come in sucking lollipops to give me my "tech support".
Ohhhhh, and I am sure some of that $$$$ will be used to buy several well placed poles in my office......
Parent
Re: (Score:2)
Sell out. It used to be about the penguins, man.
Re:Sorry, no deal (Score:4, Interesting)
Ohhhhh, and I am sure some of that $$$$ will be used to buy several well placed poles in my office......
Finally!
Someone who didn't forget Poland!
Parent
You doubt. Never a good sign (Score:5, Interesting)
I do speak german and softwarehack is NOT a german word, it is a borrowed word and therefor means the same thing as you would expect it to. Never DOUBT. CHECK!
Your entire argument starts to look shakey because you asumed.
You then go on to claim that it is a seperate line. It is not, it is a wrap around of the previous line. Failure two.
You then go on to make your final claim. The email being fake. 2 strikes, is the third a hit? We already know you leap to conclusions, so might you have struck out completly?
The email indeed seems suspicious. The english in it is piss poor and that is coming from me. Could there be a reason? Nintendo is a japanese company, could we be dealing with an advanced case of engrish here? Maybe someone low in the hierachy whose native language is not english went outside the official channels to send this email?
It is important to remember that many internal emails would make any language teacher cry like a britney spears fan. I have seen worse.
The grammar itself is not enough to label the email a fake. That it came through an anonymous source, well that doesn't mean anything.
Finally, the wording. It isn't very proffesional but I am sure we all remember the halloween documents. If Balmer can throw chairs why can't a nintendo flunky send out this email?
So, two strikes and one questionable. I think you put to much faith in proffesionalism in individual employees. While I have no proof this email is wrong, it being stupid and badly written does not guarantee it as a fake. Really, read more leaked documents.
Parent
Re: (Score:2)
Well, thanks for the insight on the "softwarehack". I was hoping a native speaker would comment on that. My argument was not that it couldn't mean the same thing, but that it was silly to assume so. In the article he starts off by saying his German is poor. Its the same as assuming "nein" (German) and "nine" (English) has the same meaning since they also look similar.
My second claim rests on it being part of the same line. Re-read what I wrote. I think if the claim that Nintendo has a "hacked Wii fee" as th
Re:You doubt. Never a good sign (Score:5, Funny)
Thought so, it's nowhere near long enough.
Parent
Babelfish to the rescue (Score:2, Funny)
My softwarehack is full of eels.
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The entire line is:
"Ausschluss der Gewaehrleistung durch die Art des Defektes Modifizierung an der Internen Software vorgehnommen Softwarehack."
or in other words, the warranty is voided because of the attempt of a defective modification of the internal software ie a software hack.
And yes, softwarehack means the exact same thing. From looking at the cost, it seems