All your 3DS are belong to Nintendo

[PatrThom]

Just saw this article making its way around the 'Net over the last 24hrs or so:
Nintendo 3DS Targeted in Anti-DRM Campaign

...big deal, this kind of thing Sony does all the time, blah, etc.
Then I read a bit more...

The Nintendo 3DS also keeps track of the games users play along with any data or information created while using the device, [...] including personal data such as any name, address or other information they enter as well as "age, gender, geographic area, game play data, online status, Nintendo 3DS System serial number and device ID, device certificate information, cookies, Friend Codes, wireless access point information, Internet Protocol ('IP') address, and Media Access Control ('MAC') address," [according to] the Nintendo 3DS System Privacy Policy. Such practices are particularly worrisome when children use the devices, the FSF notes.

Nintendo also collects "User Content, [...] which they define as all 'comments, messages, images, photos, movies, information, data and other content'," it explains, quoting the Nintendo 3DS End User License Agreement.

Nintendo then goes on to assert that users "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," the FSF points out.

...and I know what they mean. They want to make sure you don't mod the device, use pirated games (or they'll brick the system), and they don't want any copyright trouble if they decide to put together some sort of social site. I get that.

But this? The wording is a little lopsided*. Basically, you're agreeing that, whenever you go near a WiFi hot spot, Nintendo will have the authority and ability to watch what you do with your device, update or change it without warning you nor acquiring your consent, download any and all content therein (again, without notification nor permission) to use however they wish.

I thought the iPhone/Android tracking scandal was A Thing, but now I'm thinking they look like rather small potatoes.

--Patrick
*The term may be a little understated.

 

[@Li3n]

So in the end cyberpunk was the SF genre that most predicted the future. Eat it George O.


Also, too bad we can't convince all other consumers to get together and require Nintendo to agree to let us make unlimited copies and use their IP however we want as a condition to us buying their products...

 

[PatrThom]

Or at least make them free. If they want to assert total control of the device even after it leaves their hands, then they should be giving them away for free. That way, when one gets bricked because it didn't properly get its mandatory update that you can't cancel, you can take it to the Nintendo store and say, "I need a replacement, please."

--Patrick

 

[Jay]

Wow, what if I don't want to connect it or get any updates? I'm like the anti-update on anything that is driver or software. If it ain't broke, don't fix it.

Mostly because of bad experiences with companies who do this type of shit or give me bad untested drivers that gave me BSODs.

 

[Zappit]

Never connected my 3DS - not going to do it at all - I like single player games.

This is just over the line - that user content line that grants them eternal rights to use it however they want? Why not just microchip us if that's the direction we're going.