[DanielZ]

Originally Posted by wulfie

You can run trucha signed discs as well, you just have to load them through gecko region-free

So good to read this Thanks how do i use the gecko region-free?

[ToddlerTN]

Originally Posted by MeTheGameMakingGuy

Actually, we spent a good $400 or so on our consoles. We own them. We can run whatever we want to run on them.

It's like if you buy a house, and the For Sale sign suggested you should live in it. Instead, you lease it out. Perfectly reasonable. Then the guy who sold it to you comes to your leased house and puts a great big sign up saying you can't lease it out. It's not his house anymore. You can do what you want with it.

Just because you own something doesn't mean you can do whatever you want with it.

It's more like you bought a house in a subdivision with a homeownwers' association, and when you signed the closing contracts, you agreed to abide by the policies of the HOA. Now you want to turn your garage into a man room, put up a chain link fence, possibly turn it into a laundromat...sorry, that's prohibited here. Either abide by the rules of the governing covenant, or watch them put a lein on your property until you are back in compliance with the HOA.

And yes, there was an agreement when you broke the seal on the Wii...read the fine print.

[MeTheGameMakingGuy]

This simple update completely brought homebrew to a standstill. Ninty could permanently disable the stuff in the next one. We need a different method. It may be time for custom System Menus, with the anti-homebrew measures removed.

To install the custom Menu, we could run a simulated Wii System Update server on our own PCs. This server will provide the custom Menu. Simply set your Wii's internet to use your PC as a DNS server, then update. The PC will return its own IP when the DNS asks for Nintendo's servers, and so the Wii asks the PC for the update, and receives the custom Menu. Bam! Homebrew can run, and you don't even need Twilight Princess! The custom Menu can be updated whenever Ninty update, simply removing the anti-homebrew.

[BillW]

Originally Posted by ToddlerTN

And yes, there was an agreement when you broke the seal on the Wii...read the fine print.

The enforceability of shrink wrap licenses is questionable at best.

The comparison of housing contracts to shrink-wrap conditions for the Wii doesn't have any legal value. A shrink wrap license is a completely different beast from a signed contract. If you believe otherwise, I have a box of cereal to sell to you that has a hidden license inside that requires you sign your house deed over to me.

AFAIK the only fine print about opening/modifying your Wii just indicates that the warranty is void if you do so. There's no other punitive action written into the shrink wrap license.

Perseid is completely correct in indicating that real-life analogies are completely useless for figuring out IP laws, and also pointing out that the DMCA trumps all of these issues.

Thanks to this law, you can spend more time in prison than a sex offender for breaking some company's business model.

[ToddlerTN]

Originally Posted by BillW

The comparison of housing contracts to shrink-wrap conditions for the Wii doesn't have any legal value. A shrink wrap license is a completely different beast from a signed contract. If you believe otherwise, I have a box of cereal to sell to you that has a hidden license inside that requires you sign your house deed over to me.

AFAIK the only fine print about opening/modifying your Wii just indicates that the warranty is void if you do so. There's no other punitive action written into the shrink wrap license.

I'm not saying I like it either, but that doesn't change the facts.

The End User License Agreement (EULA) must be accepted when a Wii console is powered on for the first time. You may have missed the part about Nintendo having the right to "disable" your console or online access, terminate your "personal, limited, non-exclusive, revocable license" to use the Wii, deliver updates "with or without your permission" and enforce other punitive measures:

Wii End User License Agreement

As for whether it's legal, there are people fighting the RIAA, eminent domain, Guantanamo Bay, etc., so if you've got deeper pockets and a better legal team than Nintendo, then by all means take them to court (and assuming you've powered on your Wii, you've already agreed the case will be heard in Washington state).

[BillW]

Originally Posted by ToddlerTN

I'm not saying I like it either, but that doesn't change the facts.

I wasn't hoping for a change of facts. A shrink wrap license is not a signed contract. That's a fact, and misinformation to the contrary is dangerous. If enough people are convinced that EULAs are all-powerful, than the legal system will feel no pressure against making it so.

As I indicated in my previous post, this was a point aside from the practicality of taking on Nintendo, given the DMCA. No point to argue against taking Nintendo to court - you're preaching to the choir.

Nintendo's EULA was interesting. Thanks for bringing that to my attention. I stayed up all night to get a launch wii, and my wife and kids powered up and played the console while I was asleep.

There are a number of points that are likely unenforceable, including the Washington thing if you live outside the US, but I'd rather not drag this thread off course any more arguing the finer points of the EULA. The DMCA is much more heinous than the EULA.

[Frahaan]

I am having a problem with my wii, it is 3.3e version and I upgraded it to the 1.9s update for my wiikey but after I updated some of my games like mario and sonic at the Olympic games (not original) and Medal of Honor Heroes 2( not original) and game party (original), when I put in the game and load it up the games do not fill up the screen, they have black parts around it but games like super mario galaxy( not original and wii sports (original) work fine could you please advise me what to do.