DO NOT Update to 4.2. It might cause bricks. Modded or not.

anything that uses the system for something it's not supposed to is illegal, and against Nintendo's ToU. Just going against their terms and conditions (read the manual) is illegal. Personally, I think bricking a hacker's Wii isn't enough. But whatever.bob_newman

In the USA, this statement is technically incorrect. ToU's fall under "contract law". Breaking a contract cannot be interpreted to be illegal under our system of laws. To raise Terms of Use to the level of law would be an unconstitutional delegation of legislative power, and would be in clear violation of the seperation of powers established by the Constitution. If TOU's were law, then private companies would effectively have the power to legislate. This would be both undemocratic and unconstitutional, since the people lack equitable and elective representation in the decision-making done at private enterprises.

Contracts are NOT law. You can't go to jail or be fined for violating the terms of a private contract.

As further evidence of TOUs not being law, I refer you to the attempted & failed prosecution of Lori Drew. Although a jury found her guilty of a federal hacking law for violating Myspace's TOU, the judge threw the conviction out because he found that violating a TOU did not constitute a violation of the law. In other words, the judge decided that she didn't break any laws, after all, because a TOU is not a law.

Legal or not, I've found the homebrew channel incredibly handy and a great solution for the deplorable failure of Nintendo to provide DVD support, which can be found on every non-Nintendo console of this generation and the last, Dreamcast excepted. Region-locking is also an issue which periodically screws people over across the world. I've never used the HBC for piracy and realise that, HBC or not, pirates always will find ways to get free games. Bricking the Wiis of owners who have, even if illegally, harmlessly enhanced their consoles without pirating is not the solution.

[QUOTE="BanjoMumbo"]

I am a thorough expert on gaming consoles, modding, and emulation. Yes, I know what bricking means. There is a percentage of users that say that it might not brick your system, so I might just take a chance.

SoraX64

I never had anything illegal, I just used legal community homebrew applications like emulators.

[QUOTE="bob_newman"]anything that uses the system for something it's not supposed to is illegal, and against Nintendo's ToU. Just going against their terms and conditions (read the manual) is illegal. Personally, I think bricking a hacker's Wii isn't enough. But whatever.dkrustyklown

In the USA, this statement is technically incorrect. ToU's fall under "contract law". Breaking a contract cannot be interpreted to be illegal under our system of laws. To raise Terms of Use to the level of law would be an unconstitutional delegation of legislative power, and would be in clear violation of the seperation of powers established by the Constitution. If TOU's were law, then private companies would effectively have the power to legislate. This would be both undemocratic and unconstitutional, since the people lack equitable and elective representation in the decision-making done at private enterprises.

Contracts are NOT law. You can't go to jail or be fined for violating the terms of a private contract.

As further evidence of TOUs not being law, I refer you to the attempted & failed prosecution of Lori Drew. Although a jury found her guilty of a federal hacking law for violating Myspace's TOU, the judge threw the conviction out because he found that violating a TOU did not constitute a violation of the law. In other words, the judge decided that she didn't break any laws, after all, because a TOU is not a law.

I don't believe it. Someone is upset because they were caught hacking and got what they deserve. The update works fine.

I don't believe it. Someone is upset because they were caught hacking and got what they deserve. The update works fine.

psychobrew

[QUOTE="MarioGirl64"]I updated and everythings fine.....but something can't go wrong after the update can it? :? I'm kinda worried....Pices

Contracts are NOT law. You can't go to jail or be fined for violating the terms of a private contract.

dkrustyklown

Contracts do not fall under penal (criminal) law, but under civil law (has been for thousands of years). People can be subject to lawsuits on breach of contract, but they are not imprisoned or fined.

http://techforums.nintendo.com/nins/board/message?board.id=wii_tech&thread.id=29992

If anyone has had their Wii bricked by the new update, Nintendo will happily repair them for free. Assuming you don't have the homebrew channel on it.

http://techforums.nintendo.com/nins/board/message?board.id=wii_tech&thread.id=29992

If anyone has had their Wii bricked by the new update, Nintendo will happily repair them for free. Assuming you don't have the homebrew channel on it.

JohnnyDanger87

[QUOTE="BrunoBRS"]i might be saying something really stupid here, but wouldnt a... *forgets name* agh... that thing that you run a CD before playing a game from a different region. i thought it was legal.

free... it's free something.

EDIT: freeloader is the name. apparently, it's completely legal, so i guess it's the best solution to play games from different regions... but i'm not sure if it would cause any damage to your wii after the 4.2 update...Tamborific

Nintendo would have made the Wii region free if they intended to do so. By the way, I'm pretty sure all hacks have been banned from the system with this last update, including this disk.

I needed to update the Wii to go on the Shop Channel. It works fine.

Honestly i don't know much about laws and contracts and the likes, but i'm pretty sure stealing content is illegal, and whatever you use to steal this content is also illegal. but let's say you are right and it is totally legal. I still frown upon people who use it.alexh_99

Yes, stealing content is illegal, but that does not mean that the tools that are used to steal content are themselves illegal.

A firearm can be used to rob a liquor store, but that does not make firearms illegal.

[QUOTE="alexh_99"] Honestly i don't know much about laws and contracts and the likes, but i'm pretty sure stealing content is illegal, and whatever you use to steal this content is also illegal. but let's say you are right and it is totally legal. I still frown upon people who use it.dkrustyklown

Yes, stealing content is illegal, but that does not mean that the tools that are used to steal content are themselves illegal.

A firearm can be used to rob a liquor store, but that does not make firearms illegal.

Horrible example. A firearm can be used for other things.. self defense, recreation, etc.

Homebrew tools are made. to do illegal things. That is the purpose of their being, stop trying to justify wrongdoing.

[QUOTE="dkrustyklown"]

[QUOTE="alexh_99"] Honestly i don't know much about laws and contracts and the likes, but i'm pretty sure stealing content is illegal, and whatever you use to steal this content is also illegal. but let's say you are right and it is totally legal. I still frown upon people who use it.TaMuK711

Yes, stealing content is illegal, but that does not mean that the tools that are used to steal content are themselves illegal.

A firearm can be used to rob a liquor store, but that does not make firearms illegal.

Horrible example. A firearm can be used for other things.. self defense, recreation, etc.

Homebrew tools are made. to do illegal things. That is the purpose of their being, stop trying to justify wrongdoing.

[QUOTE="SoraX64"]

[QUOTE="BanjoMumbo"]

I am a thorough expert on gaming consoles, modding, and emulation. Yes, I know what bricking means. There is a percentage of users that say that it might not brick your system, so I might just take a chance.

BanjoMumbo

I never had anything illegal, I just used legal community homebrew applications like emulators.

I don't understand the whole homebrew and all that (legal arguement).

I agree that people shouldn't be able to play illegal games... but I don't understand how Nintendo can legally "brick" people's consoles after they've purchased them. They are the rightful owner of the hardware, and should be able to do what they want with it.

That would be like a car manufacturer saying it's not ok to mod your motor so it goes faster.... not right imo.

I don't understand the whole homebrew and all that (legal arguement).

I agree that people shouldn't be able to play illegal games... but I don't understand how Nintendo can legally "brick" people's consoles after they've purchased them. They are the rightful owner of the hardware, and should be able to do what they want with it.

That would be like a car manufacturer saying it's not ok to mod your motor so it goes faster.... not right imo.

danger_ranger95

You own the physical console, yes, but nothing that is installed on it. If you read the ToU agreement, it states something about that.

The contract is more like a lease. That is why when you sell your system, the downloaded games go with it. The content does not belong to you. And if you mess with their content (by installing homebrew), they have every right to not allow you to use their content anymore (by bricking your system) because you broke the contract.

[QUOTE="danger_ranger95"]

I don't understand the whole homebrew and all that (legal arguement).

I agree that people shouldn't be able to play illegal games... but I don't understand how Nintendo can legally "brick" people's consoles after they've purchased them. They are the rightful owner of the hardware, and should be able to do what they want with it.

That would be like a car manufacturer saying it's not ok to mod your motor so it goes faster.... not right imo.

bob_newman

You own the physical console, yes, but nothing that is installed on it. If you read the ToU agreement, it states something about that.

The contract is more like a lease. That is why when you sell your system, the downloaded games go with it. The content does not belong to you. And if you mess with their content (by installing homebrew), they have every right to not allow you to use their content anymore (by bricking your system) because you broke the contract.

yeah, I guess....

I mean, if they lose money, I understand why they would brick people (even if they just watch dvd's) because the possibility is still there.

I just don't understand why anyone would ever mod it in the first place. You'd never be able to go online, or update!

Silly rabbit... modding is for goofs!

[QUOTE="BanjoMumbo"]

[QUOTE="SoraX64"] Yes but if you were to have illegal content saved onto your Wii and you delete it, they can still find it and brick your system. This problem with the update is for people who don't even have the illegal content. If you have said content on your Wii or it was there, you will be bricked.

bob_newman

I never had anything illegal, I just used legal community homebrew applications like emulators.

I live in Japan but i use a US Wii. But it's not modded and I don't use anjy homebrew. I play the US games. Is it ok if I update for the new patch?

I live in Japan but i use a US Wii. But it's not modded and I don't use anjy homebrew. I play the US games. Is it ok if I update for the new patch?

naka_kun

If you don't have anything like that, your Wii is safe.

Add me to the list of people who updated to 4.2, and their Wii still works.

I'm rocking 4.1U on mine, and I don't yet see the need to update to 4.2.codezer0

[QUOTE="codezer0"]I'm rocking 4.1U on mine, and I don't yet see the need to update to 4.2.garrett_duffman

Gamespot has an article about this issue.

it seems Nintendo is repairing non modded wii's for free.

I have no problems, but it did freeze up yesterday... but it's a launch Wii and it does that every now and again (I guess because it is old)

I don't believe it ..I believe ppl with modded wii are now angry that their Wii is bricked & trying to make it look like its the 4.2 firmware is the isssue. Easiest way is send your brick Wii & Nintendo will be able to find out anyway whether your Wii is modded or not.

Updated mine *no homebrew/modd* & its fine..

Gamespot has an article about this issue.

it seems Nintendo is repairing non modded wii's for free.

alexh_99

That's just an offer for those who claim that their *unmodd/no homebrew Wii* has bricked because of the 4.2 update

I don't believe it ..I believe ppl with modded wii are now angry that their Wii is bricked & trying to make it look like its the 4.2 firmware is the isssue. Easiest way is send your brick Wii & Nintendo will be able to find out anyway whether your Wii is modded or not.

Updated mine *no homebrew/modd* & its fine..

maxgil2

[QUOTE="garrett_duffman"][QUOTE="codezer0"]I'm rocking 4.1U on mine, and I don't yet see the need to update to 4.2.starwarsjunky

You won't go to the Shop channel. You need to update to go there.

[QUOTE="starwarsjunky"]

[QUOTE="garrett_duffman"] thats because there is no need to update to 4.2chris3116

You won't go to the Shop channel. You need to update to go there.

[QUOTE="starwarsjunky"]

[QUOTE="garrett_duffman"] thats because there is no need to update to 4.2chris3116

You won't go to the Shop channel. You need to update to go there.

[QUOTE="codezer0"]If in fact Nintendo is doing this purposelySancroff

whew! I updated, and it seems fine!

I haven't played any games yet though, so we'll see.

How are people's consoles being bricked if they have the HBC and the like? All the instructions says is that the content will be removed, not that your console won't work?

I updated it, and haven't noticed anything major. The only thing is that when I put a disc in, it seems to take longer to load on the disc channel. But nothing has froze yet so I guess I'm lucky.

The sad part is New Super Mario Bros is going to make you update it. Or else you can't play.OreoMilkshake