TV stations and VHS tapes are different from people hacking Nintendo-made hardware to play pirated Nintendo software.This is the same argument that TV stations were using when VHS was invented and they got their asses handed to them in court.
TV stations and VHS tapes are different from people hacking Nintendo-made hardware to play pirated Nintendo software.This is the same argument that TV stations were using when VHS was invented and they got their asses handed to them in court.
Homebrew literally means home made software. It can be anything from emulators to independent games or just a browser.
What is the main purpose of Homebrew? Does it allow for a way to pirate games?
Which basically means, "among other things, yes".Homebrew literally means home made software. It can be anything from emulators to independent games or just a browser.
About fair use...
Hoeg Law (Easy Allies Podcast #74) said:The biggest practical issue is that fair use is a defense, like insanity for a murder charge; it can only be asserted after legal proceedings have begun.
It's a good thing that the video had a guy showing how he played a game he owns that was released 23 years ago. You might have a leg to stand on if he was showing how to play pirated games and was bragging about how he didn't own them.TV stations and VHS tapes are different from people hacking Nintendo-made hardware to play pirated Nintendo software.
It's a shame that the very same instructions could apply to games that he doesn't own.It's a good thing that the video had a guy showing how he played a game he owns that was released 23 years ago. You might have a leg to stand on if he was showing how to play pirated games and was bragging about how he didn't own them.
The entire purpose of homebrew is gaining features and running software otherwise impossible on unmodified systems. There's no single "main use" as such, but experience (and observing 'homebrew' hubs like gbatemp) dictates that piracy is a significant part of it.OK lets be real about this, is the main use of it to allow pirated games to be playable on the device?
It can't be argued that he was acting in bad faith though. We are arguing over legality not whether you are worried that Nintendo will lose revenue from other uses not covered in the video.It's a shame that the very same instructions could apply to games that he doesn't own.
"It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself."
That and altering things in games. Though they seem to be caught fairly quickly on Switch.OK lets be real about this, is the main use of it to allow pirated games to be playable on the device?
I see it didn't take long for the corporate defenders to cry "B-but piracy!".
Shocking...
lol people always think they're in the right just because they're entertained by some dude's content. Nobody cares about the quality of his channel. He's breaking the rules in public. of course he got got.Fuck off Nintendo.
MVG is one of the best channels on YouTube, his Switch/Xbox videos are stellar and the CannonBall port was mint.
This is so fucking dumb...
What!? Nintendo has never stopped going after this and has never liked this.
Nope, I always come to homebrew and emulation related threads because I find them very interesting, and even despite the warnings in those threads, people keep coming to them to cry "piracy!", especially if a Nintendo console is involved.And to locate those messages and point them out was your only purpose on entering this thread? Shocking...
No, Nintendo doesn't owns the hardware once it's sold, that they made it is irrelevant. And the pirated part is also irrelevant because the video in question was using homebrew.TV stations and VHS tapes are different from people hacking Nintendo-made hardware to play pirated Nintendo software.
If simply having the instructions and making money from ads and subs is enough to get slammed wouldn't this website be in the same position from having homebrew threads with instructions and getting money from ads and subs?It's a shame that the very same instructions could apply to games that he doesn't own.
(b) Additional Violations.—(1) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that— "
(c) Other Rights, Etc., Not Affected.—(1) Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title.
You guys really standing up for piracy just because Nintendo is a big corporation...?
not to mention that something being illegal doesn't make it morally wrong. In philosophy of ethics the law is even considered the lowest form of morality...please point out anywhere anyone or the video creator in the OP stood up for piracy.
I mean the youtuber is making money off of copyright material... if the owner isnt happy with the way its presented they can claim it.This is clearly an abuse of the DMCA, selectively using it to post copyright claims on channels they disapprove of. Obviously they legally can do so, but it is a huge overreach and sets a bad precedent.
You guys really standing up for piracy just because Nintendo is a big corporation...?
Can we do the inverse as well, ban people who deny that homebrew is always the first step to piracy?Can we start banning people who equate using home brew to piracy?
The only game I mod is Starbound because it explicitly was designed by the developers to be freely modded by the community at willI hope all these people who have a problem with homebrew don't use mods on PC because y'all are using the software in a way not intended by developers. I better not catch you using emulators or making backups of your legal games either or you doing illegal shit.
I would like to know what type of piracy is fine to stand up fornot to mention that something being illegal doesn't make it morally wrong. In philosophy of ethics the law is even considered the lowest form of morality...
It's perfectly fine to stand up for some forms of piracy.
Can we do the inverse as well, ban people who deny that homebrew is always the first step to piracy?
It always starts with homebrew. Like owning a gun is the first step to shooting someone - doesn't guarantee it, but literally can't happen otherwise.
I would like to know what type of pyracy is fine to stand up for
Homebrew isn't piracy. It gives you control over your device, that's it. Abuse of that is responsibility of the user. Would you equate PCs to piracy just because the platform offers freedoms similar to the ones people seek with homebrew and custom firmware?You guys really standing up for piracy just because Nintendo is a big corporation...?
I live in Russia and don't even own a gun, and I still know that there's at least also sporting use and hunting, with an extra aside for intimidation/personal defense that isn't necessarily killing. How about you don't focus on one thing as well. ;)What stupid comparison. Guns are made for one thing - killing. Home brew is not created for one thing, and opens up a console for far more then just that the one thing it enables that half the people in this thread are focusing on.
Automatically makes it worth it, in my opinion. Homebrew is homebrew, but every homebrewer is a potential cheater in online games, or a pirate. Homebrew, even if started with non-harmful intentions, is always the first step here, that's why fighting the harmful-intentions kind almost always leads to shutting down homebrew in general.
walk this back pleaseCan we do the inverse as well, ban people who deny that homebrew is always the first step to piracy?
It always starts with homebrew. Like owning a gun is the first step to shooting someone - doesn't guarantee it, but literally can't happen otherwise.
It's a remedy to the original harm of corporations trying to restrict your use of your own computing devices.And hey, sure. First step to killing someone with a shovel, is owning a shovel - it's just less evocative. It's the principle of the thing, not the details. Homebrew is a tool, and that tool is used for both benign and harmful things - and the benign are almost entirely not worth it for the damage the harmful things do overall.
Why not just lift the piracy ban? This holier than thou attitude is odd. Why exactly do we care how and what a person does to play a game? Do we do the same for movies? TV shows? Music? Where I'm at I'm a regarded as a goofball for having 200 blu-ray movies on the shelf instead of a 8TB NAS and chromecast.Can we start banning people who equate using home brew to piracy? Anytime there's a thread about home brew it always devolves into the same thing.
It's kind of disgusting to see not the ignorance in this thread as well as the idea that it's okay to abuse power because they don't agree with something.
I'd love to hack my switch. I have zero interest in stealing games. Running Linux and Android on it sounds awesome to me.
I live in Russia and don't even own a gun, and I still know that there's at least also sporting use and hunting, with an extra aside for intimidation/personal defense that isn't necessarily killing. How about you don't focus on one thing as well. ;)
And hey, sure. First step to killing someone with a shovel, is owning a shovel - it's just less evocative. It's the principle of the thing, not the details. Homebrew is a tool, and that tool is used for both benign and harmful things - and the benign are almost entirely not worth it for the damage the harmful things do overall.
And hey, sure. First step to killing someone with a shovel, is owning a shovel - it's just less evocative. It's the principle of the thing, not the details. Homebrew is a tool, and that tool is used for both benign and harmful things - and the benign are almost entirely not worth it for the damage the harmful things do overall.
Can we do the inverse as well, ban people who deny that homebrew is always the first step to piracy?
It always starts with homebrew. Like owning a gun is the first step to shooting someone - doesn't guarantee it, but literally can't happen otherwise.