As he tells me that it's not the "changes" he doesn't like, it's the eula its self that he doesn't like, "it also doesn't matter if I agreed in the past (i wouldn't have in my present mindset, and as i mentioned, it remains to be seen as to who actually agreed to this thing. In the here and now, the system is in my possession and no one else is using it)." and the fact that the eula clearly states that "By using your Wii U, you are agreeing to be bound by the terms of this agreement." shouldn't apply to him even if the terms haven't changed.
TL;DR: Even if it hasn't changed, Nintendo says it did, I don't agree, and I can't get my data off the machine without agreeing. Period, end of story.
It does not at all matter if you believe the terms in the EULA have not changed. NINTENDO THEMSELVES pushed a message to my console stating that the EULA has been updated.
That said, it also doesn't matter if I agreed in the past (i wouldn't have in my present mindset, and as i mentioned, it remains to be seen as to who actually agreed to this thing. In the here and now, the system is in my possession and no one else is using it).
The fact is that i do not agree to what i'm seeing now, and i'm being presented with information that the EULA has been updated, modified, or changed in some way.
If it hasn't changed, then Nintendo should apologize to its users for the confusion and find a means of removing the message and letting me have my console back. And i should be able to go back to playing games the same way i was a few weeks ago.
But I can't, the message is still on my screen saying there is an update to the EULA.
If it HAS changed, Nintendo needs to inform the users (which they did). There should still be a clause to continue using the system the way one did before that change as it is completely one-sided in favor of nintendo, allowing them to change the terms whenever it fancies them.
It's a glitch, he received it in error I've spoken to someone who has received the same message at least 3 times the last time he read it was only 2 or 3 months beforehand, none of the terms changed and the eula is for the OS, NOA should really fix this.
I should apologise, I should of written Some Nintendo US customers don't read their eula, some don't care, some see the "update" in the wording and take at literal truth, some reads parts to find anything they consider anti-consumer in the text not knowing what had actually changed, some upload a video that could unintentionally damage a company's repetition.
Then I guess ignorance of the law by one and or both parties is not an excuse.
And I guess Nintendo are in a no win situation then, they can't change their eula by adding a decline option as that would variate their eula (unless they say its a completely new I guess) and they can't enforce the eula with its current terms.
I think Nintendo considers the hardware and OS to be one and the same and treat as such (be it right or wrong) you do own the hardware but not the OS as Nintendo is licensing the OS to you and I believe (right or wrong) that unless you agree with eula you can't use the OS in whole or in part.
Also, whether or not I am their biggest fan is irreverent, as long as either the law or the enforcement of the law remain unchanged, we can't just single out one company like Nintendo, Apple, Blizzard Entertainment, Microsoft, Sony and probably many others and hold them above the rest, I guess we need to attack the industry as a whole (and the government).
I could be wrong about all of this, so forgive me.
Blizzard may replace this Agreement with new versions (each a “New EULA”) over time as the Game and the law evolve. This Agreement will terminate immediately upon the introduction of a New EULA, and you will be given an opportunity to review and accept the New EULA. If you accept the New EULA, and if the Account registered to you remains in good standing, you will be able to continue playing the Game subject to the terms of the New EULA. If you decline to accept the New EULA, or if you cannot comply with the terms of the New EULA for any reason, you will no longer be permitted to play the Game. New EULAs will not be applied retroactively. Blizzard may change, modify, suspend, or discontinue any aspect of the Game at any time. Blizzard may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.
(US) PLAYSTATION®4 SYSTEM SOFTWARE LICENSE AGREEMENT (Version 1.0)
SCE reserves the right, from time to time, with or without notice to you, to change the terms of this Agreement. The most current version of this Agreement will supersede all previous versions.
SCE may provide you with certain System Software updates, upgrades or services. Some updates, upgrades or services may be provided automatically without notice to you when you sign in to PSN and others may be available to you through SCE's website or authorized channels.
And I have never said if it was right or wrong, I'm stating the fact that there are no notable changes and that no US customer really reads their eula (especially AMurder0fCrows which his one video https://www.youtube.com/watch?v=jujEuatMHEA started this) or this would have come to light in 2012. I'm also not telling any that they have to completely obey the eula as you can what ever you want as long as remember to disable auto updates.
I'm just saying that US Nintendo customers should have brought this up along time a go and he has already fell into their "trap" (This is an agreement between you and Nintendo of America Inc. (together with its affiliates "Nintendo" or "we" or "our") and provides important information about your Wii U. Please read this agreement carefully before using your Wii U. By using your Wii U, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, you may return your Wii U for a refund in accordance with the applicable return policy.)
Wii NETWORK SERVICES USER AGREEMENT (EULA) Last updated: June 22, 2010
You understand that the Wii Console specifications and the Wii Network Service are constantly evolving and that we may update or change your Wii Console or the Wii Network Service in whole or in part, without notice to you.
NINTENDO DSi SERVICES USER AGREEMENT
Last updated: April 5, 2009
You understand that the Nintendo DSi System specifications and the Nintendo DSi are constantly evolving and that we may update or change your Nintendo DSi System or the Nintendo DSi in whole or in part, without notice to you.
Nintendo 3DS End User License Agreement
Last Updated: December 9, 2013
The Nintendo 3DS handheld video game system and accessories, the Software, and any services available using the Nintendo 3DS (collectively, the "Nintendo 3DS System"), are constantly evolving, and we may update or change your Nintendo 3DS System, in whole or in part, without notice to you.
(Wii U) End User License Agreement
The Wii U console and accessories, the Software, and any services available using the Wii U (collectively, the "Wii U System"), are constantly evolving, and we may update or change your Wii U System, in whole or in part, without notice to you. Such updates or changes may be required for you to play new Wii U games, enjoy new features, or continue to access Wii U services.
Nintendo US Costumes don't read!
P. S. if you think Nintendo's bad, I believe Nintendo's pretty tame compared to some companies, their are worse ones I've seen, but I could be wrong. V
According to this video the terms have not changed from Nov 25 2012 https://www.youtube.com/watch?v=g9BezzBM_Js (Play at 7:32 of the video) you may have to run it at 0.25 speed and freeze frame key parts, but from what I can tell it's one to one and even includes that there never was a decline button(other than this If you do not agree to the terms of this agreement, you may return your Wii U for a refund in accordance with the applicable return policy.), it looks identical to me, but you can take a look for yourself check the video above then you can hi-light what's different. http://www.nintendo.com/consumer/info/en_na/docs.jsp I've also took screenshots of the parts in the above video link that AMurder0fCrows had hi-lighted in his video.
I guess I agree plus America =/= the rest of the world. AMurder0fCrows as a American who started this shambles believes he should be governed by European laws.
Could be wrong but I think AMurder0fCrows is a US residents, as for terms and conditions of the US Wii U eula which are inherited in part from the US DSi and 3DS eula and were last updated in 2009, in last five years no US resident has read or complain as much as him
Enforcement. If any part of this agreement is held to be invalid or unenforceable, that part will no longer apply to the parties and will be replaced by an enforceable provision that most closely reflects the original intent of the parties, but all other parts of the agreement will remain in effect unless otherwise provided in this agreement. If Section 6 is held to be invalid or unenforceable, then for any Claims the parties consent to the exclusive jurisdiction of the courts located in King County, Washington, U.S.A.
The EULA has not changed since launch (all but the font idk)
The EULA has not changed (as far as I know), a video from Nov 25 2012 https://www.youtube.com/watch?v=g9BezzBM_Js (Play at 7:32 of the video) you may have to run it at 0.25 speed and freeze frame key parts, but from what I can tell it's one to one and even includes that there never was a decline button(other than this If you do not agree to the terms of this agreement, you may return your Wii U for a refund in accordance with the applicable return policy.), it looks identical to me, but you can take a look for yourself check the video above then you can hi-light what's different. http://www.nintendo.com/consumer/info/en_na/docs.jsp I've also took screenshots of the parts in the above video link that AMurder0fCrows had hi-lighted in his video.
The EULA has not changed (as far as I know), a video from Nov 25 2012 https://www.youtube.com/watch?v=g9BezzBM_Js (Play at 7:32 of the video) you may have to run it at 0.25 speed and freeze frame key parts, but from what I can tell it's one to one and even includes that there never was a decline button(other than this If you do not agree to the terms of this agreement, you may return your Wii U for a refund in accordance with the applicable return policy.), it looks identical to me, but you can take a look for yourself check the video above then you can hi-light what's different. http://www.nintendo.com/consumer/info/en_na/docs.jsp I've also took screenshots of the parts in the above video link that AMurder0fCrows had hi-lighted in his video.
I've looked into this very seriously and after looking at all the current or up to date Wii, DSi, 3DS and Wii U eula’s, video’s (pre 2013) before this “updated” eula and compared many other eula to the terms presented in the Wii U’s eula and have found nothing personally wrong with them or even anything misleading about them.
I have found out that first issue is definitely a non issue as many eula's have this statement "software is licensed to you not sold." The second is in regards to "we may update or change your Wii U System, in whole or in part, without notice to you." And I just found out that this too should be a non issue as they "may update" (automatic update) the system unless you change your settings which I do believe you can do after you agree, from the Wii U Menu, select "System Settings." Using the Left Stick, select the "Internet" icon and press the A Button. Scroll down and select "Automatic Software Downloads." (which should include system updates) Select "Yes" to enable automatic downloads or "No" to disable automatic downloads, if it still updates Automatically then you have legal grounds for court action as you should have the ability to disable automatic downloads.
Techdirt has not posted any stories submitted by F_Harbord.
Re: Re: Re: Re: Nintendo US customers don't read their eula
Re:
you missed the point.
TL;DR: Even if it hasn't changed, Nintendo says it did, I don't agree, and I can't get my data off the machine without agreeing. Period, end of story.
It does not at all matter if you believe the terms in the EULA have not changed. NINTENDO THEMSELVES pushed a message to my console stating that the EULA has been updated.
That said, it also doesn't matter if I agreed in the past (i wouldn't have in my present mindset, and as i mentioned, it remains to be seen as to who actually agreed to this thing. In the here and now, the system is in my possession and no one else is using it).
The fact is that i do not agree to what i'm seeing now, and i'm being presented with information that the EULA has been updated, modified, or changed in some way.
If it hasn't changed, then Nintendo should apologize to its users for the confusion and find a means of removing the message and letting me have my console back. And i should be able to go back to playing games the same way i was a few weeks ago.
But I can't, the message is still on my screen saying there is an update to the EULA.
If it HAS changed, Nintendo needs to inform the users (which they did). There should still be a clause to continue using the system the way one did before that change as it is completely one-sided in favor of nintendo, allowing them to change the terms whenever it fancies them.
Re: Re: The bottom line in all this is
Re: Re: Nintendo US customers don't read their eula
And I apologise if I am overbearing.
Also what is your view point on AMurder0fCrows and his video https://www.youtube.com/watch?v=jujEuatMHEA which started all this?
I don't obey the eula, I do what I want.
And I guess Nintendo are in a no win situation then, they can't change their eula by adding a decline option as that would variate their eula (unless they say its a completely new I guess) and they can't enforce the eula with its current terms.
I think Nintendo considers the hardware and OS to be one and the same and treat as such (be it right or wrong) you do own the hardware but not the OS as Nintendo is licensing the OS to you and I believe (right or wrong) that unless you agree with eula you can't use the OS in whole or in part.
Also, whether or not I am their biggest fan is irreverent, as long as either the law or the enforcement of the law remain unchanged, we can't just single out one company like Nintendo, Apple, Blizzard Entertainment, Microsoft, Sony and probably many others and hold them above the rest, I guess we need to attack the industry as a whole (and the government).
I could be wrong about all of this, so forgive me.
Here's Blizzard Entertainment's world of warcraft eula:
http://us.blizzard.com/en-us/company/legal/wow_eula.html
Blizzard may replace this Agreement with new versions (each a “New EULA”) over time as the Game and the law evolve. This Agreement will terminate immediately upon the introduction of a New EULA, and you will be given an opportunity to review and accept the New EULA. If you accept the New EULA, and if the Account registered to you remains in good standing, you will be able to continue playing the Game subject to the terms of the New EULA. If you decline to accept the New EULA, or if you cannot comply with the terms of the New EULA for any reason, you will no longer be permitted to play the Game. New EULAs will not be applied retroactively. Blizzard may change, modify, suspend, or discontinue any aspect of the Game at any time. Blizzard may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.
Here's Sony's which I have say is better worded:
http://www.scei.co.jp/ps4-eula/ps4_eula_en.html
(US) PLAYSTATION®4 SYSTEM SOFTWARE LICENSE AGREEMENT (Version 1.0)
SCE reserves the right, from time to time, with or without notice to you, to change the terms of this Agreement. The most current version of this Agreement will supersede all previous versions.
SCE may provide you with certain System Software updates, upgrades or services. Some updates, upgrades or services may be provided automatically without notice to you when you sign in to PSN and others may be available to you through SCE's website or authorized channels.
Nintendo US customers don't read their eula
And I have never said if it was right or wrong, I'm stating the fact that there are no notable changes and that no US customer really reads their eula (especially AMurder0fCrows which his one video https://www.youtube.com/watch?v=jujEuatMHEA started this) or this would have come to light in 2012. I'm also not telling any that they have to completely obey the eula as you can what ever you want as long as remember to disable auto updates.
I'm just saying that US Nintendo customers should have brought this up along time a go and he has already fell into their "trap" (This is an agreement between you and Nintendo of America Inc. (together with its affiliates "Nintendo" or "we" or "our") and provides important information about your Wii U. Please read this agreement carefully before using your Wii U. By using your Wii U, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, you may return your Wii U for a refund in accordance with the applicable return policy.)
Wii NETWORK SERVICES USER AGREEMENT (EULA)
Last updated: June 22, 2010
You understand that the Wii Console specifications and the Wii Network Service are constantly evolving and that we may update or change your Wii Console or the Wii Network Service in whole or in part, without notice to you.
NINTENDO DSi SERVICES USER AGREEMENT
Last updated: April 5, 2009
You understand that the Nintendo DSi System specifications and the Nintendo DSi are constantly evolving and that we may update or change your Nintendo DSi System or the Nintendo DSi in whole or in part, without notice to you.
Nintendo 3DS End User License Agreement
Last Updated: December 9, 2013
The Nintendo 3DS handheld video game system and accessories, the Software, and any services available using the Nintendo 3DS (collectively, the "Nintendo 3DS System"), are constantly evolving, and we may update or change your Nintendo 3DS System, in whole or in part, without notice to you.
(Wii U) End User License Agreement
The Wii U console and accessories, the Software, and any services available using the Wii U (collectively, the "Wii U System"), are constantly evolving, and we may update or change your Wii U System, in whole or in part, without notice to you. Such updates or changes may be required for you to play new Wii U games, enjoy new features, or continue to access Wii U services.
Nintendo US Costumes don't read!
P. S. if you think Nintendo's bad, I believe Nintendo's pretty tame compared to some companies, their are worse ones I've seen, but I could be wrong. V
1. http://www.blackberry.com/legal/soft_lic_agree.shtml
2. https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/
3. http://us.blizzard.com/e n-us/company/legal/wow_eula.html
Nintendo, remind how foolish American customers truly are!
Re: Nintendo enjoys "testing" customers memories
http://www.nintendo.com/consumer/info/en_na/docs.jsp
I've also took screenshots of the parts in the above video link that AMurder0fCrows had hi-lighted in his video.
https://www.youtube.com/watch?v=jujEuatMHEA
The part where it says returning your product is only option if you don't agree:
http://prntscr.com/4we8yq
Software License:
http://prntscr.com/4we3nt
http://prntscr.com/4we4im
http://prntscr.com/4we579
http://prntscr.co m/4we5mg
http://prntscr.com/4we6f1
Nintendo, Making customers actually read their eula since 2014
Re: American AMurder0fCrows wants European laws
AMurder0fCrows as a American who started this shambles believes he should be governed by European laws.
Re: I'm guess from someone who is unaffected I'm pretty much sprouting BS
Re: Re: EULA's are pretty BS anyways
1. Is that some times the updates resets parts of the embedded software to factory settings triggering the message to appear.
2. Nintendo enjoys reminding or are mandated to remind their customers of the terms and conditions of the eula.
3. Nintendo are testing customers to see if they actually read the eula.
4. Nintendo really wants customers to call their help and support line
5. Nintendo wants to customers to get angry, so that can really change their eula
P. S. if you think Nintendo's bad, I believe Nintendo pretty tame compared to some of these ones are worse, but I could be wrong. V
1. http://www.blackberry.com/legal/soft_lic_agree.shtml
2. https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/
3.http://us.blizzard.com/e n-us/company/legal/wow_eula.html
Re: Re:
Re:
If any part of this agreement is held to be invalid or unenforceable, that part will no longer apply to the parties and will be replaced by an enforceable provision that most closely reflects the original intent of the parties, but all other parts of the agreement will remain in effect unless otherwise provided in this agreement. If Section 6 is held to be invalid or unenforceable, then for any Claims the parties consent to the exclusive jurisdiction of the courts located in King County, Washington, U.S.A.
Re: (just in case no one saw this earlier)
The EULA has not changed (as far as I know), a video from Nov 25 2012 https://www.youtube.com/watch?v=g9BezzBM_Js (Play at 7:32 of the video) you may have to run it at 0.25 speed and freeze frame key parts, but from what I can tell it's one to one and even includes that there never was a decline button(other than this If you do not agree to the terms of this agreement, you may return your Wii U for a refund in accordance with the applicable return policy.), it looks identical to me, but you can take a look for yourself check the video above then you can hi-light what's different.
http://www.nintendo.com/consumer/info/en_na/docs.jsp
I've also took screenshots of the parts in the above video link that AMurder0fCrows had hi-lighted in his video.
https://www.youtube.com/watch?v=jujEuatMHEA
The part where it says returning your product is only option if you don't agree:
http://prntscr.com/4we8yq
Software License:
http://prntscr.com/4we3nt
http://prntscr.com/4we4im
http://prntscr.com/4we579
http://prntscr.co m/4we5mg
http://prntscr.com/4we6f1
Nintendo, Making people actually read their eula since 2014
The EULA has not changed since launch (all but the font idk)
http://www.nintendo.com/consumer/info/en_na/docs.jsp
I've also took screenshots of the parts in the above video link that AMurder0fCrows had hi-lighted in his video.
https://www.youtube.com/watch?v=jujEuatMHEA
The part where it says returning your product is only option if you don't agree:
http://prntscr.com/4we8yq
Software License:
http://prntscr.com/4we3nt
http://prntscr.com/4we4im
http://prntscr.com/4we579
http://prntscr.co m/4we5mg
http://prntscr.com/4we6f1
Nintendo, Making people actually read their eula since 2014
(untitled comment)
I have found out that first issue is definitely a non issue as many eula's have this statement "software is licensed to you not sold." The second is in regards to "we may update or change your Wii U System, in whole or in part, without notice to you." And I just found out that this too should be a non issue as they "may update" (automatic update) the system unless you change your settings which I do believe you can do after you agree, from the Wii U Menu, select "System Settings." Using the Left Stick, select the "Internet" icon and press the A Button. Scroll down and select "Automatic Software Downloads." (which should include system updates) Select "Yes" to enable automatic downloads or "No" to disable automatic downloads, if it still updates Automatically then you have legal grounds for court action as you should have the ability to disable automatic downloads.
Techdirt has not posted any stories submitted by F_Harbord.
Submit a story now.
Tools & Services
TwitterFacebook
RSS
Podcast
Research & Reports
Company
About UsAdvertising Policies
Privacy
Contact
Help & FeedbackMedia Kit
Sponsor/Advertise
Submit a Story
More
Copia InstituteInsider Shop
Support Techdirt