Comment on Nintendo Is Already Punishing Switch 2 Users Over Piracy ‘Suspicions’

• Goronmon@lemmy.world ⁨8⁩ ⁨hours⁩ ago

  In that case it wouldn’t be piracy.

  What about in this case?

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• DacoTaco@lemmy.world ⁨10⁩ ⁨hours⁩ ago

  Even if that isnt legal (it is), but it will be circumvention of encryption at worst and recreation of protected algorithms, code and keys in a non-nintendo product at best ( and thats before talking about game cartridge content ).
  Last i checked that is still illegal hehe

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  • RightHandOfIkaros@lemmy.world ⁨6⁩ ⁨hours⁩ ago

    Even if that us legal (it isn’t)

    1. Are you a lawyer?

    2. I am not a lawyer, but I have talked to lawyers about this before and their answer was basically:

    The owner of a copy of a game or other computer software may “make or authorize the making of another copy.” Legally speaking, the law does not require the person who owns the copy to personally make the backup copy, nor does it specify that the backup copy be made only from the copy owned.

    This is important because on Nintendo’s own website they state the following:

    Therefore, whether you have an authentic game or not […] it is illegal to download […] a Nintendo ROM from the Internet.

    What Nintendo is saying here is outright wrong. A person who only has only temporary possession of a game (such as rental or borrowing) gains no rights under 17 USC 117, and may not download a copy without separate permission, which obviously Nintendo would never geant. However, A person with permanent possession of a game (such as a legally purchased game either from retail or used) DOES gain those rights to an archival copy. These rights supercede any restriction on those rights Nintendo would presume to apply. Nintendo presumes to add extra conditions and terms that do not actually exist in the law.

    The purpose of the archival copy provision is to protect legal owner’s access to the computer software in case of damage. If your copy of a game breaks, such as a broken CD, you have the legal right, as owner of that CD, to continue to use the computer software on that CD no matter its physical condition. An archival copy could then be used to create a working version of that CD so that you, the legal owner of that copy, may continue to access that computer software. This is also the case when access to that software becomes difficult or impossible, such as a game or other computer software that is stored on archaic storage media such as a floppy disk or paper tape.

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    • DarkMetatron@feddit.org ⁨1⁩ ⁨hour⁩ ago

      This is correct, as long as the copy was produced lawfully, which is only possible if no copy protection was circumvented.

      Section 103 (17 U.S.C Sec. 1201(a)(1)) of the DMCA states: No person shall circumvent a technological measure that effectively controls access to a work protected under this title.

      This law was created to limit the rights from 17 USC 117, and yes exceptions to section 103 exist, but those are very specific and some of them even exclude games specifically from the exceptions.

      But I am no lawyer, and as a European I only have a very limited view and knowledge of US laws, so yes it is only my understanding of those laws and I could be wrong, so don’t take my words as a legal advice or anything like that. I am only a normal human with some experience with laws and jurisdictions, but far away from a specialist.

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• DarkMetatron@feddit.org ⁨7⁩ ⁨hours⁩ ago

  You may have the right to make a backup, but playing that backup on a non sectioned device or via non sectioned means is still a breach of the TOS and breaking the license terms of the game and/or console. Oh and it is in violation of the DMCA as far as I know, because to make the backup it is needed to circumvent copy protection, which is forbidden by the rules of the DMCA (and equal laws in other jurisdictions like Europe). You may own the cartridge, but you still only have a license (with very specific terms and rules) to use the software on it.

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  • raltoid@lemmy.world ⁨6⁩ ⁨hours⁩ ago

    Using modified hardware might break other regulations or terms of services, but using a backup copy of a copy you own to do so, is not piracy. Which is the answer to the question in the comment.

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    • DarkMetatron@feddit.org ⁨2⁩ ⁨hours⁩ ago

      Nearly all jurisdictions have DMCA like laws which clearly say that circumventing copy protection is against the law. So in those jurisdictions it is piracy to use a backup of a copy protected game and I am very sure that a map of the countries where the Switch 2 can be officially bought and a map with countries who have thoses laws will produce a lot of matches. Maybe I am wrong, but I highly doubt it.

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