{"id":12019,"date":"2011-05-30T16:23:00","date_gmt":"2011-05-30T14:23:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"-0001-11-29T22:00:00","slug":"nintendo-3ds-is-defective-by-design","status":"publish","type":"post","link":"https:\/\/mygaming.co.za\/news\/business\/12019-nintendo-3ds-is-defective-by-design","title":{"rendered":"Nintendo 3DS is \u2018Defective By Design\u2019"},"content":{"rendered":"<p>Consumer activist group <a href=\"http:\/\/www.defectivebydesign.org\/\" target=\"_blank\" title=\"Defective by Design\">Defective by Design<\/a> has decided to take Nintendo to task over its Terms of Service accompanying the Nintendo 3DS. The group is against what they see as corporations exercising excessive control over content and device use through DRM.<\/p>\n<p>&ldquo;DefectiveByDesign.org is a broad-based anti-DRM campaign that is targeting Big Media, unhelpful manufacturers and DRM distributors. The campaign aims to make all manufacturers wary about bringing their DRM-enabled products to market. DRM products have features built-in that restrict what jobs they can do. These products have been intentionally crippled from the users&#8217; perspective, and are therefore &lsquo;defective by design&rsquo;,&rdquo; states the organisation&rsquo;s website.<\/p>\n<p>Nintendo is the latest target of the campaign: &ldquo;The Nintendo 3DS is a useful target for our campaign because the Nintendo Terms of Service state so clearly what kind of power they believe they deserve to yield over a user,&rdquo; states Defective By Design campaign manager Joshua Gay via an e-mail to <a href=\"http:\/\/www.giantbomb.com\/news\/nintendo-owns-your-soul-what-that-complicated-legal-language-you-dont-read-actually-means\/3264\/\" target=\"_blank\" title=\"Giant Bomb\">Giant Bomb<\/a>.<\/p>\n<p>&ldquo;This does not make them any better or worse than Apple, for instance, but, Nintendo does make our job a little easier in some ways, since we can simply quote their own Terms of Service to show the world just how awful they are. This is an important aspect of the Defective by Design campaign &#8211; making as many people as we can aware of DRM technology and presenting our case as to why we believe it needs to be eliminated,&rdquo; said Gay.<\/p>\n<p>An example from the Nintendo 3DS End User License Agreement:<\/p>\n<p style=\"padding-left: 30px;\">&ldquo;By accepting this Agreement or using a Nintendo 3DS System or the Nintendo 3DS Service, you also grant to Nintendo a worldwide, royalty-free, irrevocable, perpetual, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content in whole or in part and to incorporate your User Content in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.&rdquo;<\/p>\n<p>Defective By Design is also unhappy with the Nintendo #ds Terms of Service which allow Nintendo to &lsquo;brick (permanently disable) the handheld should they find it has been tampered with.<\/p>\n<p style=\"padding-left: 30px;\">&ldquo;[A]ny existing or future unauthorized technical modification of the hardware or software of your Nintendo 3DS System, or the use of an unauthorized device in connection with your system, will render the system permanently unplayable.&rdquo;<\/p>\n<p>To take action against Nintendo, Defective by Design has sent 200 cardboard bricks to Nintendo of America president Reggie Fils-Aime in some sort of convoluted message. Take that capitalist swine!<\/p>\n<p>To read the letter the group has sent along with the bricks, head on over to the <a href=\"http:\/\/www.defectivebydesign.org\/nintendo3ds\" target=\"_blank\" title=\"Defective by Design website\">Defective by Design website<\/a>. Fils-Aime has yet to respond.<\/p>\n<p><span style=\"font-size: small;\"><a href=\"http:\/\/mygaming.co.za\/forum\/showthread.php\/14053-Nintendo-3DS-a-brick-waiting-to-happen\" target=\"_self\" title=\"Nintendo 3DS is &lsquo;Defective By Design&rsquo;\"><strong>Nintendo 3DS is &lsquo;Defective By Design&rsquo;<\/strong><\/a> &lt;&lt; Comments and views<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>200 cardboard bricks are on their way to the Nintendo president<\/p>\n","protected":false},"author":157,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_sma_x_autopost_status":"idle","_sma_x_autopost_error":"","_sma_x_post_id":"","_sma_x_attempts":0,"footnotes":""},"categories":[2],"tags":[],"class_list":["post-12019","post","type-post","status-publish","format-standard","hentry","category-business"],"_links":{"self":[{"href":"https:\/\/mygaming.co.za\/news\/wp-json\/wp\/v2\/posts\/12019","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mygaming.co.za\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mygaming.co.za\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mygaming.co.za\/news\/wp-json\/wp\/v2\/users\/157"}],"replies":[{"embeddable":true,"href":"https:\/\/mygaming.co.za\/news\/wp-json\/wp\/v2\/comments?post=12019"}],"version-history":[{"count":0,"href":"https:\/\/mygaming.co.za\/news\/wp-json\/wp\/v2\/posts\/12019\/revisions"}],"wp:attachment":[{"href":"https:\/\/mygaming.co.za\/news\/wp-json\/wp\/v2\/media?parent=12019"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mygaming.co.za\/news\/wp-json\/wp\/v2\/categories?post=12019"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mygaming.co.za\/news\/wp-json\/wp\/v2\/tags?post=12019"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}