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the services you are offering are illegal

Discussion in 'Nintendo Wii / Wii U' started by rrburkha, Mar 24, 2007.

  1. rrburkha

    rrburkha Member

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    i posted a wii modchip install service on craigslist and i got email a couple hours later from wiiteam@lawyer.com telling me that "the services you are offering are illegal and will be dealt with unless
    you cease and desist."

    what do you think?
     
  2. ninjapath

    ninjapath Regular member

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    that's just dumb. Modchip installing is not illegal. Why the hell would someone said it illegal. Modchip is legal as long as you used it for backup games. If i bought a wii then it mine, i can do whatever i want it, including breaking and destroying, not just modding. Really now, that's just dumb and hopefully the guy who send you this can see it.
     
  3. trigga71

    trigga71 Regular member

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    installing a mod chip is not illegal unless it comes to the cutomer able to play backups (copys). Atleast thats what i think. Kinda like the qoob chips where they dont play backups UNTIL YOU flash it with a differant BIOS. Since the Wii modchips come ready to play backups theres not much choice. Thats the only thing a can think of, But i dont know for sure. Also that email dont seem right. i would think it would be from blabla@NOA.com or blabla@nintendo.com. just my 2 cents
     
  4. c7015

    c7015 Regular member

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    Sounds like shit to me ... change the wording of your add though to avoid potential hastle maybe express more that your soldering services can be used for ..something along those lines
     
  5. rrburkha

    rrburkha Member

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    thanks for the support. i thought that the email address sounded a little fake, but i took the ad down anyway just to be safe. does anyone know for sure if there is a legal way to sell mod services?
     
  6. ninjapath

    ninjapath Regular member

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    did craglists took it down? or did you?
     
  7. oosel

    oosel Regular member

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    Have the customer supply the chip, so all you do in assemble or install the parts THEY suplied.

    But that wont keep nintendo from harasing you! nothing will, if they even do that is.
     
  8. bass_hit

    bass_hit Regular member

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    This is a bit of a slippery slope now isn't it? "Backups" are legal if you own the game. I got my wiikey for importing (Bleach Wii rocks). That's legal. Having the work done should not be. Really it depends on what the person does with it. If they have 5 year old kids that are going to destroy the discs again and again and they need backups, that's fine. Playing games from Japan that won't make it stateside, that's fine. Downloading games off of the internet without owning them? No.

    The service should not be considered illegal. Soldering is not illegal.
     
  9. bhetrick

    bhetrick Active member

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    You own the hardware, Nintendo owns the software running the hardware. If the mod chip contains any of Nintendo's code which has been modified in any way (like to be able to run backups) that's illegal.

    Also, read the user agreement which came with the Wii. If it states anything about modifing the console, then it's illegal. It states in the agreement that by using the system you're automatically agreeing to adhear to Nintendo's rules.
     
  10. ninjapath

    ninjapath Regular member

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    were you selling backup games as well? maybe that's why. You can only modify, but not selling backup games.
     
  11. jimmy42

    jimmy42 Regular member

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    Ive heard of nintendo and the ESA actually sending investigators and police to installers locations in the us and even in canada.


    Nintendo really wants to stop these mods, they/their lawyers send out Cease and Desist orders in hopes most people will be scared into not offering the service.

    They cannot do anything to you, especially if your not selling games or teaching ppl how to get / make backups.

    Dont let the ESA / Nintendo scare you into stopping your services.

    They WILL NOT DO ANYTHING, they cannot do anything.

     
  12. handsom

    handsom Regular member

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    Well; their user agreement does specifically have statements regarding any alteration, copying, redistribution, or modification of the softwares contained in the system, or any of it's media or accessories.

    That's a pretty wide range, and yeah, that includes modchips.

    The interesting thing though-that's been in user agreements for quite some time; originally to protect companies against reverse-engineers who might copy the system itself, and manufacture cheaper versions of them(At the time, the system sale equaled profit, like the Wii does now), etc. It's nothing new, but now it has a different use; Modding.

    Technically, installing a mod-chip is illegal on these things. It's nearly impossible for them to trace; and the odds of them doing anything about Joe-Moduser are slim to none. But companies like Nintendo and Microsoft have traditionally pursued action against people offering modding services. In my town, Craigslist has may people offering to mod xbox' and 360's, due to the simplicity of the job; I don't know how often they're taken down.

    I will say, companies would have a slightly harder time going after you for true, compensatory damages, if you made customers sign a release form stating:

    A.) They take full responisibility for the action they are hiring you to do, and that they fully agree that any legal or compensatory repercussions will be solely theirs.

    and

    B.) They agree not to violate any copyright laws with it.

    This would *theoretically* alleviate any legalities on you, and most people interested in mods will understand that you have to cover your own hide. Everyone knows Nintendo isn't going to hunt down every user who mods their system; this would mean that they would automatically have to take action against a number of users, who by law have already accepted all responsibility for the actions long before Nintendo can even think to take action.

    I'm not a lawyer, an attorney, nor do I have any legal training, these are simply something that could potentially make you a much harder target if you choose to continue offering your services on Craigslist. I garauntee you the group of lawyers who sent that message probably check all the CL sites in the state, if not the Country; they might get some sort of kickback for how many ads are pulled down or something. It could be a third party representative-type group; who has legal authority, written or express, to act on the big N's part. Who knows.
     

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