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liquidtmd

Avenger
Oct 28, 2017
6,129
This is a *pump* launch year Switch *pump pump*

tenor.gif
 

Noppie

Member
Oct 27, 2017
13,750
Yo.

Newslflash.

You know EULAs? The things with the funny names that nobody ever reads but everyone always accepts? End User License Agreements?




EULAs aren't legally binding but they can still nope you out of their stuff if you break it. Hence you're not getting a lawyer knocking on your door.


You mean eBay policy that eBay dictates?
->
Did I really have to put the /s there? Guess I did.
 

Common Knowledge

One Winged Slayer
Member
Oct 25, 2017
6,231
I find it humorous that ebay got on this case yet seemingly has no issue with the 500 million Pokemon and other fake game cartridges/reproductions that are on their site.
 

Plum

Member
May 31, 2018
17,266
Fuck Nintendo, greedy fucks who don't even want people to be able to re-sell the consoles or games.

What about all these people re-selling their their consoles and games?

The policy they barely follow?
and the end user agreement doesn't really mean anything to the legality of hacking your console

In America it is totally legal to hack it mid your console

And it's totally legal for eBay to remove listings like that for any reason they want.
 
Oct 27, 2017
6,348
But eBay themselves don't follow that rule. I mean you could buy tons of modded PS3 ,wii ,PSP etc on eBay

It's not like eBay has some sentient Overlord AI yet that can scan all offerings on the site simultaneously. Of course there will be illegal stuff that falls through the nets. It's not like employees are sitting around there typing in various illegal terms and see what they come up with. They just comb through the reports they get and are occupied with that as it is. And it's not like there aren't dozens if not hundreds of new of these listings every hour.
 

RedStep

Avenger
Oct 27, 2017
2,649
How on earth do you think that specifically advertising your switch can be modified (to potentially play pirated games) is a perfectly ok thing to do?

Come on dude. Use your brain. Completely reasonable take down. Just put it up and don't advertise that you can hack it.

By your logic, Nintendo can delete this thread since it talks about modifying their consoles (and taught me everything I need to do it!). Just because something can be used for something illegal (like, say, a pencil) doesn't mean we should support a corporation removing our content. Especially since general modification / homebrew is in no way illegal.
 

.exe

Member
Oct 25, 2017
22,206
That's really odd. Also, you really don't need to mention that since the people who care about it will know what to look for anyway.
 
Oct 27, 2017
6,348
By your logic, Nintendo can delete this thread since it talks about modifying their consoles (and taught me everything I need to do it!). Just because something can be used for something illegal (like, say, a pencil) doesn't mean we should support a corporation removing our content. Especially since general modification / homebrew is in no way illegal.

It's simple, the line is crossed when you try to get money out of it, like in this case. And it's not "our" content, it's legally still theirs and they have the right to use it how they see fit.
 

TheMoon

|OT|
Member
Oct 25, 2017
18,774
Video Games
The policy they barely follow?
and the end user agreement doesn't really mean anything to the legality of hacking your console

In America it is totally legal to hack it mid your console
I addressed that in the post :)

Did I really have to put the /s there? Guess I did.
damn here I was thinking that was a joke post, but I guess you saw through it and knew it was 100% serious

Guys, there are people legit saying ridiculous stuff like this sometimes. It's impossible to know for sure when someone's pulling out stealth sarcasm. Sorry.
 

Deleted member 23212

User requested account closure
Banned
Oct 28, 2017
11,225

Jump_Button

Member
Oct 27, 2017
1,785
its same with anything not just switch, Hell if you openly say a raspberry pi got roms on it you asking for it
 

big_z

Member
Nov 2, 2017
7,794
Simply mention manufacturing date in the listing. If the buyer wants to use it for piracy, they will pm you on ebay for further details.

It's shitty Nintendo can take down a listing like that but they are strongly against piracy and honestly most people who would be interested want it for that reason. Those who want hackable consoles for homebrew are a tiny percentage despite how this forum and gaf like to play it off.
 

Ganado

â–˛ Legend â–˛
Member
Oct 25, 2017
2,176
Yo.

Newslflash.

You know EULAs? The things with the funny names that nobody ever reads but everyone always accepts? End User License Agreements?


EULAs aren't legally binding but they can still nope you out of their stuff if you break it. Hence you're not getting a lawyer knocking on your door.
Yeah, so fucking what? What is your point, why would the EULA stop me from doing anything, except let me access their services? I bought a product, I can do whatever I want with it and sell it to whoever I want. Isn't that the good thing about physical products? Get it from my cold dead hands Nintendo, my 3DS is modded, sue me.
 

oni-link

tag reference no one gets
Member
Oct 25, 2017
16,000
UK
its same with anything not just switch, Hell if you openly say a raspberry pi got roms on it you asking for it

Yeah but if a Pi has ROMs on it, then that is straight up copyright infringement

I can see why Nintendo do this, but modding a console is not piracy, so the best you can say is they're being dicks
 

evilmonkey

One Winged Slayer
Member
Oct 25, 2017
1,481
Canada
Step 1: Don't mention the manufacture date or that it can be modded in the listing.
Step 2: Wait for potential buyers to ask about the manufacture date.
Step 3: There is no Step 3. Profit!
 

Meatwad

The Fallen
Oct 25, 2017
3,653
USA
And what basis do they have for taking this down? Modifying your console is not illegal.

The basis that ebay is a private entity and can decide what content people are allowed to list. Ebay doesn't want people selling hacked consoles or even mentioning they can be hacked in listings, platform holders (not just Nintendo) don't want that either. Has absolutely zero to do with what the law says.
 

Garlic

Member
Oct 28, 2017
1,687
i think ebay might not allow specifically stating that a console is or can be modified in the listing. i feel like i ran into this problem years ago

it's always been kind of a loophole to just list it with all the information a modder would need to know without stating outright that a console is moddable (current firmware, etc)

I bought a clearly labelled modchipped PSX off eBay last year no problems
 

Deleted member 23212

User requested account closure
Banned
Oct 28, 2017
11,225
The basis that ebay is a private entity and can decide what content people are allowed to list. Ebay doesn't want people selling hacked consoles or even mentioning they can be hacked in listings, platform holders (not just Nintendo) don't want that either. Has absolutely zero to do with what the law says.
I don't believe that, it's pretty easy to buy modded consoles not only with the mod done, but with a whole bunch of ROMs/ISOs. Like the OG Xbox, or external HDDs for the PS2.
 

Plum

Member
May 31, 2018
17,266
So? I can use a pen to stab people in the eye, which is illegal, doesn't mean selling pens should be.

Then fuck eBay too for taking it down.

If you were selling a pen and said "you can use this to stab people in the eye," then you're actively advertising that you can use it for that purpose. Eye-stabbing is illegal so you'd at the very least be told to stop it, but even if it were somehow not illegal I doubt many storefronts would want someone advertising that fact using their services.

I can't argue with "fuck em'" so I won't. Not that it's right, just that I literally can't argue against it because it's a nothing statement.

I don't believe that, it's pretty easy to buy modded consoles not only with the mod done, but with a whole bunch of ROMs/ISOs. Like the OG Xbox, or external HDDs for the PS2.

That's because they're old and, as such, there's going to be less pressure from platform holders to protect their IP. Meanwhile the Switch is Nintendo's current situation so eBay selling a product that is advertised as 'moddable' is, to them, eBay selling a product that can be used to harm their IP in a relatively significant way.
 

D.Lo

Member
Oct 25, 2017
4,347
Sydney
I would much rather ebay get rid of the pirated GBA games which now constitute 90% of GBA listings on ebay.

Also Raspberry Pi shit advertised as Comes with 5000 games Nintendo Sega Atari Capcom NES SNES Mario

That shit clogs every search up.
 

TheMoon

|OT|
Member
Oct 25, 2017
18,774
Video Games
Yeah, so fucking what? What is your point, why would the EULA stop me from doing anything, except let me access their services? I bought a product, I can do whatever I want with it and sell it to whoever I want. Isn't that the good thing about physical products? Get it from my cold dead hands Nintendo, my 3DS is modded, sue me.
You literally asked.

That was why.
 
Oct 27, 2017
6,348
Who said it was? Modifying the console doesn't immediately equal piracy. But I guess that's the conclusion everyone jumps to.

Unfortunately modding will always equal to piracy unless you can somehow manage to magically seperate the former from the latter.

Unless statistics prove it otherwise, modders will always be the minority of people who modify their consoles.

So? I can use a pen to stab people in the eye, which is illegal, doesn't mean selling pens should be.

A better comparision would be the selling of guns, which is prohibited in most developed countries and on ebay as well for obvious reasons.
 

oni-link

tag reference no one gets
Member
Oct 25, 2017
16,000
UK
I would much rather ebay get rid of the pirated GBA games which now constitute 90% of GBA listings on ebay.

Also Raspberry Pi shit advertised as Comes with 5000 games Nintendo Sega Atari Capcom NES SNES Mario

That shit clogs every search up.

Yeah, and this is straight up, 100% illegal

Plus half the reason people are going for these Pi type consoles is because they're tired of waiting for Nintendo to offer a half decent way to play their old games

They should cut it off at the source and actually offer more than the bare minimum for the Switch online service.
 

Kaeden

Member
Oct 25, 2017
7,898
US
If you were selling a pen and said "you can use this to stab people in the eye," then you're actively advertising that you can use it for that purpose. Eye-stabbing is illegal so you'd at the very least be told to stop it, but even if it were somehow not illegal I doubt many storefronts would want someone advertising that fact using their services.

I can't argue with "fuck em'" so I won't. Not that it's right, just that I literally can't argue against it because it's a nothing statement.



That's because they're old and, as such, there's going to be less pressure from platform holders to protect their IP. Meanwhile the Switch is Nintendo's current situation so eBay selling a product that is advertised as 'moddable' is, to them, eBay selling a product that can be used to harm their IP.
eBay is selling a product exactly the way Nintendo sold it to the customer, nothing has been changed. Just because it 'can' be modded, should not be a reason eBay sides with Nintendo. It's a stupid reason and I can't see any basis for it. It's clearly a case of eBay being threatened in some way by Nintendo and choosing to placate them and just push aside the seller. It's crap.
 

oni-link

tag reference no one gets
Member
Oct 25, 2017
16,000
UK
Unfortunately modding will always equal to piracy unless you can somehow manage to magically seperate the former from the latter.

Isn't the rule on this forum that equating modding with piracy gets you a warning because they're not the same thing and it's a dick move to assume everyone modding anything is a pirate?

I may be wrong but that was my understanding

Edit: Yep

 

low-G

Member
Oct 25, 2017
8,144
I don't quite get the confusion here.

Offering modified stuff is forbidden so why should the mentioning that you can modify it be okay?

Mentioning moddable stuff is forbidden, and everything can be modified with enough effort, so why should selling anything be okay?

Fucking ridiculous perspective. OP didn't even violate ebay guidelines... He didn't provide links to mods or anything. eBay let Nintendo step over their bounds here.
 

Owlet

Owl Enthusiast
Verified
May 30, 2018
1,930
London, UK
Interesting... You should try re-listing without mentioning modification at all and see if it passes.

That being said, just mentioning modification shouldn't let them take it down imo. Sorry that happened OP :(
 
Oct 27, 2017
6,348
Isn't the rule on this forum that equating modding with piracy gets you a warning because they're not the same thing and it's a dick move to assume everyone modding anything is a pirate?

I may be wrong but that was my understanding

Edit: Yep

I apologize if that is the case. The point I was trying to make is that there are more pirates than there are modders, which is the reason those measures are taken, however unfair they seem to modders with no ill intentions.

Mentioning moddable stuff is forbidden, and everything can be modified with enough effort, so why should selling anything be okay?

Fucking ridiculous perspective. OP didn't even violate ebay guidelines... He didn't provide links to mods or anything. eBay let Nintendo step over their bounds here.

You said it yourself. You can use almost any item in some illegal way, doesn't mean you should advertise or encourage those properties.
 

UltimateHigh

Member
Oct 25, 2017
15,500
i bought a wii off ebay a few years back that was pretty explicit in it being soft modded. i guess they don't give a shit about that system anymore though.
 

ssnick37

Member
Oct 27, 2017
417
I sold a Sega Saturn Action Replay Plus a couple months ago. I mentioned that it has four features

- Save Games
- Cheat Codes
- Play Imports
- Play backups of the games you own


After the auction closed (a couple weeks after), I got a message from Ebay that my auction violated thier policies about piracy or something. They didnt make me return the item or anything but it was strange.
 

oni-link

tag reference no one gets
Member
Oct 25, 2017
16,000
UK
I apologize if that is the case. The point I was trying to make is that there are more pirates than there are modders, which is the reason those measures are taken, however unfair they seem to modders with no ill intentions.

No need to apologise. It's just that equating modding with piracy basically shuts down any conversation about homebrew or legal emulation

I can see why eBay as a rule probably shut these listings down, probably more because they don't want heat from Nintendo et al as opposed to Nintendo breathing down their necks, but it's still a dick move and feeds into the notion that anyone hacking/modding a system is a dirty pirate

OP did nothing wrong
 

Oniletter

Banned
Oct 27, 2017
1,245
Fuck Nintendo, greedy fucks who don't even want people to be able to re-sell the consoles or games.
It's toxic and out there posts like this that are such a drag on this forum. Somebody else will respond to this post in a defensive way only for the people with ulterior motives to complain about the "Nintendo defense force" tm . And the cycle continues.

Do better.
 

Deleted member 23212

User requested account closure
Banned
Oct 28, 2017
11,225
It's toxic and out there posts like this that are such a drag on this forum. Somebody else will respond to this post in a more defensive way only for the console warriors to complain from their high horse about the Nintendo defense force. And the cycle continues.

Do better.
If it's any consolation, I wouldn't be happy if Microsoft or Sony did this either. But yes, my posts may have been a bit too abrasive.
 

Deleted member 23212

User requested account closure
Banned
Oct 28, 2017
11,225
I do apologize for my tone, while I still have the same beliefs (that I'm not a fan of the decisions), I could have phrased them a better way.
 
Oct 27, 2017
6,348
I sold a Sega Saturn Action Replay Plus a couple months ago. I mentioned that it has four features

- Save Games
- Cheat Codes
- Play Imports
- Play backups of the games you own


After the auction closed (a couple weeks after), I got a message from Ebay that my auction violated thier policies about piracy or something. They didnt make me return the item or anything but it was strange.

They obviously can't force you to undo the sale but this likely means your account has mark about this topic now and it will be under closer scrutiny in the future, which could result in a ban if you try it again.

No need to apologise. It's just that equating modding with piracy basically shuts down any conversation about homebrew or legal emulation

I can see why eBay as a rule probably shut these listings down, probably more because they don't want heat from Nintendo et al as opposed to Nintendo breathing down their necks, but it's still a dick move and feeds into the notion that anyone hacking/modding a system is a dirty pirate

OP did nothing wrong

It's a gray area, and why should eBay try to navigate these waters if all they can get from it is potential trouble? How they acted makes perfect sense.

The whole modding/piracy dilemma is a perfect example of "this is why we can't have nice things".
 

Dash Kappei

Member
Nov 1, 2017
4,827
Nintendo evangelists tend to get a bit huffy and defensive about their darling Nintendo (who can apparently do no wrong).

What a childish console-warrior stance you have there (also with zero data supporting it). It has nothing to do with Nintendo's fans and everything to do with corporate apologism. Every manufacturer has its own pool of corporate apologists to count on, but for many it's a way of thinking and not necessarily linked to a specific manufacturer, which is even sadder. I mean, this very board is full of 'em.
 

oni-link

tag reference no one gets
Member
Oct 25, 2017
16,000
UK
What a childish console-warrior stance you have there (also with zero data supporting it). It has nothing to do with Nintendo's fans and everything to do with corporate apologism. Every manufacturer has its own pool of corporate apologists to count on, but for many it's a way of thinking and not necessarily linked to a specific manufacturer, which is even sadder. I mean, this very board is full of 'em.

It's not even related just to games, look at Disney, Marvel, Apple etc

Basically any company that makes a product people tie their identity/self worth to, will end up having those people go to bat for them no matter what shady or shitty thing they do
 

ssnick37

Member
Oct 27, 2017
417
They obviously can't force you to undo the sale but this likely means your account has mark about this topic now and it will be under closer scrutiny in the future, which could result in a ban if you try it again.



It's a gray area, and why should eBay try to navigate these waters if all they can get from it is potential trouble? How they acted makes perfect sense.

The whole modding/piracy dilemma is a perfect example of "this is why we can't have nice things".


But I didnt do anything wrong. I didnt mention anything about piracy and I resold an item which was sold perfectly normally at the time. I dont recall Sega ever trying to shut down its sales.