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

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garrett_duffman

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#151 garrett_duffman
Member since 2004 • 10684 Posts

[QUOTE="garrett_duffman"][QUOTE="dkrustyklown"]

Nothing in the TOU says that they can't brick your Wii if you mod it, either. In fact, there is no rule anywhere that prevents Nintendo from bricking a Wii. It just so happens that if you mod your Wii, then the warranty is voided and Nintendo is not responsible for fixing it, even if they're the ones that disabled it.

dkrustyklown

it doesnt work that way. the only instance in which they CAN legally brick it is if it is stated so in the TOU, and the TOU says that nintendo can ban you from going online, since the TOU is for online, not for owning a wii.

But it doesn't say that they can't. Also, I don't believe that there is a law regarding this topic, so legality is a moot point. Nintendo is not legally responsible for any modded Wii's being bricked. If you mod your device, then you do so with the implied understanding that A) it is no longer under warranty & B) a future software update may be incompatible with your modification and render the device useless. That's the risk that you take by modding. It's a balancing act. Sure, you can legally mod your Wii, but you do so at the risk that a future firmware update may be incompatible with your modification. As long as it's only modded Wii's that are bricked, Nintendo is in the clear, because Nintendo can respond to any accusatiosn by saying, "well, they modded it, therefore they're 100% responsible for breaking it. of they didn't want it to break, then they shouldn't have modded it." Legally, the causation of the "brick" would be deemed to be the mod, and not the update, since all Nintendo has to do is point to an unmodded Wii that has been updated and still works in order to clear themselves of direct causation.

I defy anyone with a modded & bricked Wii to try to take Nintendo to court. It won't work.

what dont you get about IT DOESNT MATTER IF THEY DONT SAY THEY CANT? for the final time THATS NOT HOW IT WORKS.
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starwarsjunky

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#152 starwarsjunky
Member since 2009 • 24765 Posts
[QUOTE="dkrustyklown"]

[QUOTE="garrett_duffman"] it doesnt work that way. the only instance in which they CAN legally brick it is if it is stated so in the TOU, and the TOU says that nintendo can ban you from going online, since the TOU is for online, not for owning a wii. garrett_duffman

But it doesn't say that they can't. Also, I don't believe that there is a law regarding this topic, so legality is a moot point. Nintendo is not legally responsible for any modded Wii's being bricked. If you mod your device, then you do so with the implied understanding that A) it is no longer under warranty & B) a future software update may be incompatible with your modification and render the device useless. That's the risk that you take by modding. It's a balancing act. Sure, you can legally mod your Wii, but you do so at the risk that a future firmware update may be incompatible with your modification. As long as it's only modded Wii's that are bricked, Nintendo is in the clear, because Nintendo can respond to any accusatiosn by saying, "well, they modded it, therefore they're 100% responsible for breaking it. of they didn't want it to break, then they shouldn't have modded it." Legally, the causation of the "brick" would be deemed to be the mod, and not the update, since all Nintendo has to do is point to an unmodded Wii that has been updated and still works in order to clear themselves of direct causation.

I defy anyone with a modded & bricked Wii to try to take Nintendo to court. It won't work.

what dont you get about IT DOESNT MATTER IF THEY DONT SAY THEY CANT? for the final time THATS NOT HOW IT WORKS.

i know if i had done anything, i would be threatening them with legal action right now. nintendo does NOT hold the rights to the wii after they sell it to you. they cannot intentionally brick wiis just you made a modification, some of which are COMPLETELY legal.
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garrett_duffman

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#153 garrett_duffman
Member since 2004 • 10684 Posts

[QUOTE="garrett_duffman"][QUOTE="dkrustyklown"]

But it doesn't say that they can't. Also, I don't believe that there is a law regarding this topic, so legality is a moot point. Nintendo is not legally responsible for any modded Wii's being bricked. If you mod your device, then you do so with the implied understanding that A) it is no longer under warranty & B) a future software update may be incompatible with your modification and render the device useless. That's the risk that you take by modding. It's a balancing act. Sure, you can legally mod your Wii, but you do so at the risk that a future firmware update may be incompatible with your modification. As long as it's only modded Wii's that are bricked, Nintendo is in the clear, because Nintendo can respond to any accusatiosn by saying, "well, they modded it, therefore they're 100% responsible for breaking it. of they didn't want it to break, then they shouldn't have modded it." Legally, the causation of the "brick" would be deemed to be the mod, and not the update, since all Nintendo has to do is point to an unmodded Wii that has been updated and still works in order to clear themselves of direct causation.

I defy anyone with a modded & bricked Wii to try to take Nintendo to court. It won't work.

starwarsjunky

what dont you get about IT DOESNT MATTER IF THEY DONT SAY THEY CANT? for the final time THATS NOT HOW IT WORKS.

i know if i had done anything, i would be threatening them with legal action right now. nintendo does NOT hold the rights to the wii after they sell it to you. they cannot intentionally brick wiis just you made a modification, some of which are COMPLETELY legal.

thank you! for petes sake its refreshing to see someone who gets it! lol

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ImbaIance

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#154 ImbaIance
Member since 2007 • 1567 Posts

For the record, can I get a clear, concise definition of what "bricking" means in reference to consoles, please? Every time I see the word, it conjurs a most unpleasant mental image that only relates to gaming in the narrowist of possible margins. Thanks.

And, a comment about legal usages, etc. There are places where something as simple as a can of spraypaint either requires a permit to possess, or a valid ID to purchase, or is outright banned due to municipal ordinances against graffiti. Likewise, pinball machines have a sordid history with the law. Firearms are heavily regulated in most states. Perhaps a modified Wii is legal to possess, but it may not always be.

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starwarsjunky

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#155 starwarsjunky
Member since 2009 • 24765 Posts

For the record, can I get a clear, concise definition of what "bricking" means in reference to consoles, please? Every time I see the word, it conjurs a most unpleasant mental image that only relates to gaming in the narrowist of possible margins. Thanks.

And, a comment about legal usages, etc. There are places where something as simple as a can of spraypaint either requires a permit to possess, or a valid ID to purchase, or is outright banned due to municipal ordinances against graffiti. Likewise, pinball machines have a sordid history with the law. Firearms are heavily regulated in most states. Perhaps a modified Wii is legal to possess, but it may not always be.

ImbaIance
a bricked wii is when the wii will do NOTHING. its only use is becomes a paperweight. you hit the power button and it just sits there.
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MajerHawk

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#156 MajerHawk
Member since 2009 • 432 Posts

nintendo is tryin to ripp us off so we have to buy new wiis

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garrett_duffman

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#157 garrett_duffman
Member since 2004 • 10684 Posts

nintendo is tryin to ripp us off so we have to buy new wiis

MajerHawk
which is why they are fixing it for free
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Big_Evil666

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#158 Big_Evil666
Member since 2004 • 13817 Posts

you'll only get a free VC game if you have previously paid 500 wii point for the Internet channel, which is now free. It is sort of a rebate. :)

boardn720
ah, dang. i just got it for free
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boardn720

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#159 boardn720
Member since 2008 • 5310 Posts

[QUOTE="garrett_duffman"]

in the TOU it states that if rules are broken it will lead to a ban. nowhere in nitendo's terms of use does it state that they have the authority to brick your wii.

dkrustyklown

Nothing in the TOU says that they can't brick your Wii if you mod it, either. In fact, there is no rule anywhere that prevents Nintendo from bricking a Wii. It just so happens that if you mod your Wii, then the warranty is voided and Nintendo is not responsible for fixing it, even if they're the ones that disabled it.

This is a great point and I agree completely, if you want your wii to work, don't mod it :lol:

If you do mod it and the wii no longer works after any future update it's not nintendos fault for the simple fact that future updates are not going to be compatible with any software that is not authorized by nintendo. The way they can do this is because if you have no unauthorized software and the wii bricks they fix it for free.

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x3ni1992

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#160 x3ni1992
Member since 2009 • 680 Posts

I just updated mine today. Mine didn't brick. Wikipedia says just don't disconnect from the internet when updating. Simple as that.

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Big_Evil666

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#161 Big_Evil666
Member since 2004 • 13817 Posts

I just updated mine today. Mine didn't brick. Wikipedia says just don't disconnect from the internet when updating. Simple as that.

x3ni1992
pretty much. it even says it during the update on the Wii system. don't disconnect from the internet or turn off the machine. should be a given
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garrett_duffman

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#162 garrett_duffman
Member since 2004 • 10684 Posts
[QUOTE="x3ni1992"]

I just updated mine today. Mine didn't brick. Wikipedia says just don't disconnect from the internet when updating. Simple as that.

Big_Evil666
pretty much. it even says it during the update on the Wii system. don't disconnect from the internet or turn off the machine. should be a given

well duh, but the problem is is that it freezes while updating then it causes a bricked wii
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#163 maxgil2
Member since 2004 • 785 Posts

[QUOTE="Big_Evil666"][QUOTE="x3ni1992"]

I just updated mine today. Mine didn't brick. Wikipedia says just don't disconnect from the internet when updating. Simple as that.

garrett_duffman

pretty much. it even says it during the update on the Wii system. don't disconnect from the internet or turn off the machine. should be a given

well duh, but the problem is is that it freezes while updating then it causes a bricked wii

Well durr that's because you hav homebrew stuff on your Wii :P

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dkrustyklown

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#164 dkrustyklown
Member since 2009 • 2387 Posts

[QUOTE="garrett_duffman"][QUOTE="dkrustyklown"]

But it doesn't say that they can't. Also, I don't believe that there is a law regarding this topic, so legality is a moot point. Nintendo is not legally responsible for any modded Wii's being bricked. If you mod your device, then you do so with the implied understanding that A) it is no longer under warranty & B) a future software update may be incompatible with your modification and render the device useless. That's the risk that you take by modding. It's a balancing act. Sure, you can legally mod your Wii, but you do so at the risk that a future firmware update may be incompatible with your modification. As long as it's only modded Wii's that are bricked, Nintendo is in the clear, because Nintendo can respond to any accusatiosn by saying, "well, they modded it, therefore they're 100% responsible for breaking it. of they didn't want it to break, then they shouldn't have modded it." Legally, the causation of the "brick" would be deemed to be the mod, and not the update, since all Nintendo has to do is point to an unmodded Wii that has been updated and still works in order to clear themselves of direct causation.

I defy anyone with a modded & bricked Wii to try to take Nintendo to court. It won't work.

starwarsjunky

what dont you get about IT DOESNT MATTER IF THEY DONT SAY THEY CANT? for the final time THATS NOT HOW IT WORKS.

i know if i had done anything, i would be threatening them with legal action right now. nintendo does NOT hold the rights to the wii after they sell it to you. they cannot intentionally brick wiis just you made a modification, some of which are COMPLETELY legal.

Cite a law that says Nintendo can't brick modded Wiis. Cite one. If you modify a console and the console manufacturer puts out an update that is incompatible with your modification and causes it to brick, then that is YOUR fault. It's right there on your warranty, deal with it.

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x3ni1992

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#165 x3ni1992
Member since 2009 • 680 Posts

[QUOTE="garrett_duffman"][QUOTE="Big_Evil666"] pretty much. it even says it during the update on the Wii system. don't disconnect from the internet or turn off the machine. should be a givenmaxgil2

well duh, but the problem is is that it freezes while updating then it causes a bricked wii

Well durr that's because you hav homebrew stuff on your Wii :P

haha. but some people don't have Homebrew and it got bricked :P Oh well. Maybe it bricks them if the system had Homebrew o:
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LaurieLillian

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#166 LaurieLillian
Member since 2009 • 31 Posts
When I updated my Wii, I didn't experience any difficulties. But I didn't experience any improvements either @^@'
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garrett_duffman

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#167 garrett_duffman
Member since 2004 • 10684 Posts

[QUOTE="starwarsjunky"][QUOTE="garrett_duffman"] what dont you get about IT DOESNT MATTER IF THEY DONT SAY THEY CANT? for the final time THATS NOT HOW IT WORKS. dkrustyklown

i know if i had done anything, i would be threatening them with legal action right now. nintendo does NOT hold the rights to the wii after they sell it to you. they cannot intentionally brick wiis just you made a modification, some of which are COMPLETELY legal.

Cite a law that says Nintendo can't brick modded Wiis. Cite one. If you modify a console and the console manufacturer puts out an update that is incompatible with your modification and causes it to brick, then that is YOUR fault. It's right there on your warranty, deal with it.

"Product liability law, also called "products liability", governs the liability of manufacturers, wholesalers, distributors, and vendors for damages caused by dangerous or defective products." if something is defective, such as an update, nintendo is at fault, not the consumer. the only legal action nintendo can take is to not fix modded wii's, as modded wii's void the warranty. "Design Defects: Liability arises from a mistake or oversight in the design of a product, which makes it dangerous when used as intended, or when used for another reasonably foreseeable purpose." such as homebrew on a console.

please, stop acting like you even know HALF of what your talking about. it's extremely irritating explaining how this works eevery 5 minutes.

source

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teknic1200

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#168 teknic1200
Member since 2007 • 3191 Posts
[QUOTE="starwarsjunky"] i know if i had done anything, i would be threatening them with legal action right now. nintendo does NOT hold the rights to the wii after they sell it to you. they cannot intentionally brick wiis just you made a modification, some of which are COMPLETELY legal.

yes they can. you do not own the software. you own a license to use the software. if you modify the software not only are you liable for copywrite violation, but they can take the license away from you.
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mightychir

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#169 mightychir
Member since 2008 • 11673 Posts
I nervously just updated my Wii and its fine!
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DOS4dinner

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#170 DOS4dinner
Member since 2008 • 1072 Posts

yes they can. you do not own the software. you own a license to use the software. if you modify the software not only are you liable for copywrite violation, but they can take the license away from you.teknic1200

Legal homebrew does not modify Nintendo's code in any way, nor distributes it. Therefore, it is not copyright violation. Yes, they can take the license to use some software (Like the shop channel or something) but they can't take away software needed for the Wii's function. Period. If they brick it, they buy it, unless their update (That actually updates and doesn't just attack homebrew) bricks your machine due to your homebrew (Which should never happen, unless you are a pirate). Anyway, it doesn't make sense for them to brick a machine; if it is bricked, there is no chance that the user will buy more games.

This thread needs to die. In short:

The update is safe for ALL machines, homebrew or not.

The update does nothing but attack homebrew. It is not needed for any other reason.

Your machine will brick if and only if the update is stopped by an outside force, as this updates the wii's crucial bootsector. EX: a sudden crash (Not likely), a power surge, cord getting ripped out, etc.

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psychobrew

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#171 psychobrew
Member since 2008 • 8888 Posts
[QUOTE="garrett_duffman"]

[QUOTE="dkrustyklown"]

i know if i had done anything, i would be threatening them with legal action right now. nintendo does NOT hold the rights to the wii after they sell it to you. they cannot intentionally brick wiis just you made a modification, some of which are COMPLETELY legal.starwarsjunky

Cite a law that says Nintendo can't brick modded Wiis. Cite one. If you modify a console and the console manufacturer puts out an update that is incompatible with your modification and causes it to brick, then that is YOUR fault. It's right there on your warranty, deal with it.

"Product liability law, also called "products liability", governs the liability of manufacturers, wholesalers, distributors, and vendors for damages caused by dangerous or defective products." if something is defective, such as an update, nintendo is at fault, not the consumer. the only legal action nintendo can take is to not fix modded wii's, as modded wii's void the warranty. "Design Defects: Liability arises from a mistake or oversight in the design of a product, which makes it dangerous when used as intended, or when used for another reasonably foreseeable purpose." such as homebrew on a console.

please, stop acting like you even know HALF of what your talking about. it's extremely irritating explaining how this works eevery 5 minutes.

source

I take it you have illegal software on your Wii since you are so against Nintendo bricking hacked Wii's. I say good for them. To set the record straight, if you modify your Wii, all bets are off because you caused the defect. The illegal software is not a part of the design and Nintendo is under no obligation to make their software work with it. They are even kind enough to warn you not to update your Wii if you modified it in any way.
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teknic1200

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#172 teknic1200
Member since 2007 • 3191 Posts
Legal homebrew does not modify Nintendo's code in any way, nor distributes it. Therefore, it is not copyright violation. DOS4dinner
running unauthorized software is still in violation of the EULA. the wii's OS was not designed and is not intended to run homebrew. you can candy coat it all you wan but at the end of the day you are wrong.

Your Wii Console and the Wii Network Service are not designed for use with unauthorized software, services, or devices or non-licensed accessories, and you may not use any of these with your Wii Console or the Wii Network Service. Such use may be illegal, voids any warranty, and is a breach of this agreement.

http://www.nintendo.com/consumer/systems/wii/en_na/privacyEULA.jsp /discussion there is nothing to discus here. N has every write to brick the wii running homebrew and more power to them.
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DOS4dinner

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#173 DOS4dinner
Member since 2008 • 1072 Posts

running unauthorized software is still in violation of the EULA. the wii's OS was not designed and is not intended to run homebrew. you can candy coat it all you wan but at the end of the day you are wrong. teknic1200

Point made, but I Think they changed their wording since I got my Wii at launch. I don't even remember an agreement on boot up; I guess I forgot. Or they added it.

Even if something is in the eula, it doesn't necessarily mean it's enforceable. Another line, further down, just for example:

You may not host, intercept, emulate, or reverse engineer any part of the Wii Console or the Wii Network Service.

U.S. Copyright law allows for reverse engineering for compatibility purposes last time I checked. Also, their use of the word "may" several times puts a little bit of legal doubt in there, as I would think that they would say "Your Wii will be bricked if unauthorised software is found", as that would scare off 99% of most script kiddies. Actually, if they could, why didn't they do with this last update? If they really do have the power, why haven't they bricked every homebrew wii already? I have a feeling there is a legal grey area that Nintendo doesn't want to cross just to get some random haxxors.

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dkrustyklown

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#174 dkrustyklown
Member since 2009 • 2387 Posts

"Product liability law, also called "products liability", governs the liability of manufacturers, wholesalers, distributors, and vendors for damages caused by dangerous or defective products." if something is defective, such as an update, nintendo is at fault, not the consumer. the only legal action nintendo can take is to not fix modded wii's, as modded wii's void the warranty. "Design Defects: Liability arises from a mistake or oversight in the design of a product, which makes it dangerous when used as intended, or when used for another reasonably foreseeable purpose." such as homebrew on a console.

please, stop acting like you even know HALF of what your talking about. it's extremely irritating explaining how this works eevery 5 minutes.

source

garrett_duffman

BZZZZZZT! Wrong! The update isn't considered defective if it bricks a modded Wii's. Legally speaking, the defect isn't with the update. It's with the console modification.

Once again, I will clarify that the responsability for a modded Wii being bricked rests squre on the shoulders of the person that modded the console. They were warned that any modifications can cause the console to not work properly. There is no timeframe with this warning. So just because a modded Wii works perfectly before an update and then is bricked after one, that changes nothing. Nintendo warns every purchaser that unauthorized modificaitons may cause the console to cease functioning. Legally, this covers all of their actions.

Don't want a bricked Wii? Then don't mod it. It's that simple, and Nintendo bears no legal responsability for what happens.

You will find NO case law supporting your overly broad interpretation of product liability law.

EDIT: The thing to keep in mind is that Nintendo bears no burden to ensure that the Wii's software is compatible with unauthorized technical modifications. The burden is always on the person that is performing the modification to ensure that the modification is compatible with the Wii's software as well as any future updates to the Wii's software. The person performing the modification is taking a huge risk, because unless he has a crystal ball that tells him the future, then he has no way of knowing exactly how the software will be updated in the future.

What you want is for people to be able to mod without risk. This isn't going to happen. Nintendo spells it out quite clearly in its warnings: modify your Wii and you run the risk of it no longer functioning. This gives Nintendo perfect legal cover to do what it does.

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#175 Tamborific
Member since 2008 • 90 Posts

The way I see it, Nintendo has no responsibility on how the update may affect a modded Wii, but that still don't give them the right to intentionally brick the system. What they did with Patch 4.2 is fine; the code tries to undo any homebrew modification but isn't designed to brick the system.

I will not pretend I know laws or jurisprudence in the subject, but if a company has the right to persecute, judge, and condemn the use you give to hardware in your home, by intentionally disabling it, that sure seems wrong to me.

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garrett_duffman

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#176 garrett_duffman
Member since 2004 • 10684 Posts

[QUOTE="garrett_duffman"]

"Product liability law, also called "products liability", governs the liability of manufacturers, wholesalers, distributors, and vendors for damages caused by dangerous or defective products." if something is defective, such as an update, nintendo is at fault, not the consumer. the only legal action nintendo can take is to not fix modded wii's, as modded wii's void the warranty. "Design Defects: Liability arises from a mistake or oversight in the design of a product, which makes it dangerous when used as intended, or when used for another reasonably foreseeable purpose." such as homebrew on a console.

please, stop acting like you even know HALF of what your talking about. it's extremely irritating explaining how this works eevery 5 minutes.

source

dkrustyklown

BZZZZZZT! Wrong! The update isn't considered defective if it bricks a modded Wii's. Legally speaking, the defect isn't with the update. It's with the console modification.

Once again, I will clarify that the responsability for a modded Wii being bricked rests squre on the shoulders of the person that modded the console. They were warned that any modifications can cause the console to not work properly. There is no timeframe with this warning. So just because a modded Wii works perfectly before an update and then is bricked after one, that changes nothing. Nintendo warns every purchaser that unauthorized modificaitons may cause the console to cease functioning. Legally, this covers all of their actions.

Don't want a bricked Wii? Then don't mod it. It's that simple, and Nintendo bears no legal responsability for what happens.

You will find NO case law supporting your overly broad interpretation of product liability law.

EDIT: The thing to keep in mind is that Nintendo bears no burden to ensure that the Wii's software is compatible with unauthorized technical modifications. The burden is always on the person that is performing the modification to ensure that the modification is compatible with the Wii's software as well as any future updates to the Wii's software. The person performing the modification is taking a huge risk, because unless he has a crystal ball that tells him the future, then he has no way of knowing exactly how the software will be updated in the future.

What you want is for people to be able to mod without risk. This isn't going to happen. Nintendo spells it out quite clearly in its warnings: modify your Wii and you run the risk of it no longer functioning. This gives Nintendo perfect legal cover to do what it does.

for. the. last time. the UPDATE was bricking wiis. REGARDLESS OF MODIFICATION. I swear to god the next person who bumps this topic with any more of this ignorant bullcrap is going to get the head of their most prized posession on their bed.
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dkrustyklown

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#177 dkrustyklown
Member since 2009 • 2387 Posts

for. the. last time. the UPDATE was bricking wiis. REGARDLESS OF MODIFICATION. I swear to god the next person who bumps this topic with any more of this ignorant bullcrap is going to get the head of their most prized posession on their bed. garrett_duffman

I stand by my asssertion that anyone that claims that their unmodded Wii was bricked is telling a bald-faced lie.

Nintendo has said what it says because it's just good PR to do so, but I defy one person to show that an unmodded Wii has been bricked. This site has many Wii owners, and none of them have as of yet announced that their Wii was bricked without reason.

for. the. last time. Nintendo has full legal cover to brick modded Wii's. The plain-as-day warning that modifications to the Wii's system may render it unable to function gives them full legal cover to do so.

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DOS4dinner

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#178 DOS4dinner
Member since 2008 • 1072 Posts

I stand by my asssertion that anyone that claims that their unmodded Wii was bricked is telling a bald-faced lie.

dkrustyklown

The update bricks if and only if the update fails due to a sudden crash, loss of power, power surge, etc. It does not matter if it had homebrew or not. Period. This update changes the bootsector on the wii; if that fails, the wii is bricked, regardless of what is on the Wii.

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codezer0

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#179 codezer0
Member since 2004 • 15898 Posts

I stand by my asssertion that anyone that claims that their unmodded Wii was bricked is telling a bald-faced lie.

dkrustyklown
And if you'd bothered to spend more than ten seconds to look at what it is that gets changed with 4.2, you'd realize how much of an **** you look for writing such a thing. There's a reason that Nintendo (rarely) touches the boot sector in the firmware - it is very volatile in nature. Firmware 4.2 (particularly for Wii's made before LU64**) overwrites and replaces the booting IOS that the Wii uses. The problem comes from the fact that the code that deals with this particular portion is very fault intolerant, meaning any little thing could cause a problem. It's a bit like trying to compile an alpha driver for a nightly build of linux. The risk of problems is simply very high. And if the writing of that fails, then the Wii is unable to boot successfully, which effectively gives you a ( **** ) bricked console. Even when prior updates had updated boot loader code, most were usually written to avoid doing that simply because of the inherent risk. It's why up until now, Nintendo usually reserved boot sector updates for when a wii had to be brought in for repair, or for newly manufactured Wii's on the assembly line.
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dkrustyklown

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#180 dkrustyklown
Member since 2009 • 2387 Posts

And if you'd bothered to spend more than ten seconds to look at what it is that gets changed with 4.2, you'd realize how much of an **** you look for writing such a thing. There's a reason that Nintendo (rarely) touches the boot sector in the firmware - it is very volatile in nature. Firmware 4.2 (particularly for Wii's made before LU64**) overwrites and replaces the booting IOS that the Wii uses. The problem comes from the fact that the code that deals with this particular portion is very fault intolerant, meaning any little thing could cause a problem. It's a bit like trying to compile an alpha driver for a nightly build of linux. The risk of problems is simply very high. And if the writing of that fails, then the Wii is unable to boot successfully, which effectively gives you a ( **** ) bricked console. Even when prior updates had updated boot loader code, most were usually written to avoid doing that simply because of the inherent risk. It's why up until now, Nintendo usually reserved boot sector updates for when a wii had to be brought in for repair, or for newly manufactured Wii's on the assembly line.codezer0

And yet not a single person on these entire forums has come right out and said, "hey, my Wii was unmodded and it was bricked". Not. a. single. person. Hmmmmmmm...

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#181 starwarsjunky
Member since 2009 • 24765 Posts

[QUOTE="garrett_duffman"]

"Product liability law, also called "products liability", governs the liability of manufacturers, wholesalers, distributors, and vendors for damages caused by dangerous or defective products." if something is defective, such as an update, nintendo is at fault, not the consumer. the only legal action nintendo can take is to not fix modded wii's, as modded wii's void the warranty. "Design Defects: Liability arises from a mistake or oversight in the design of a product, which makes it dangerous when used as intended, or when used for another reasonably foreseeable purpose." such as homebrew on a console.

please, stop acting like you even know HALF of what your talking about. it's extremely irritating explaining how this works eevery 5 minutes.

source

dkrustyklown

BZZZZZZT! Wrong! The update isn't considered defective if it bricks a modded Wii's. Legally speaking, the defect isn't with the update. It's with the console modification.

Once again, I will clarify that the responsability for a modded Wii being bricked rests squre on the shoulders of the person that modded the console. They were warned that any modifications can cause the console to not work properly. There is no timeframe with this warning. So just because a modded Wii works perfectly before an update and then is bricked after one, that changes nothing. Nintendo warns every purchaser that unauthorized modificaitons may cause the console to cease functioning. Legally, this covers all of their actions.

Don't want a bricked Wii? Then don't mod it. It's that simple, and Nintendo bears no legal responsability for what happens.

You will find NO case law supporting your overly broad interpretation of product liability law.

EDIT: The thing to keep in mind is that Nintendo bears no burden to ensure that the Wii's software is compatible with unauthorized technical modifications. The burden is always on the person that is performing the modification to ensure that the modification is compatible with the Wii's software as well as any future updates to the Wii's software. The person performing the modification is taking a huge risk, because unless he has a crystal ball that tells him the future, then he has no way of knowing exactly how the software will be updated in the future.

What you want is for people to be able to mod without risk. This isn't going to happen. Nintendo spells it out quite clearly in its warnings: modify your Wii and you run the risk of it no longer functioning. This gives Nintendo perfect legal cover to do what it does.


because something is in a warning, that does NOT make it a law. they cannot TARGET wiis that have been modded. if bricking modded wiis just happened to be a side effect of an update, thatd be fine. its like me having someone signing something saying that if they wear a green shirt, i can rob their house. it doesnt work that way. HERE is a somewhat similar situation where amazon deleted an ebook from a kindle and refunded the purchase price, even tho he accepted an agreement that said they could do so at any time. he won $150,000 out of it. so because you accept nintendo's agreement, that does NOT give them the right to do it.

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#182 DOS4dinner
Member since 2008 • 1072 Posts

And yet not a single person on these entire forums has come right out and said, "hey, my Wii was unmodded and it was bricked". Not. a. single. person. Hmmmmmmm...

dkrustyklown

Probably because people don't make a habit of pulling power cords out of their machines when a message on the screen says "Updating. Do Not turn off."

Also, there have been very few cases of Wiis bricking at all. You would not find one on here because 99% of the users on here have at least basic tech skills; the people who get bricked would be those who have a kid that tripped over the cord and cut the power, have a really flaky internet connection, or it just randomly crashed.

Everything codezer0 said is true. Groups have found out exactly what this update does, and I mean exactly. It updates the bootsector, checks for homebrew, and removes it. That's it. Power gets cut or some random crash (nearly impossible, but could happen if your internet connection was really flaky or something), your Wii is bricked, regardless of any modification. End of story, end of thread, end of line.

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Big_Evil666

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#183 Big_Evil666
Member since 2004 • 13817 Posts
i think this thread can be closed now. on the O/T, is there a way to keep up to date with new updates to the Wii software?
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#184 codezer0
Member since 2004 • 15898 Posts

And yet not a single person on these entire forums has come right out and said, "hey, my Wii was unmodded and it was bricked". Not. a. single. person. Hmmmmmmm...

dkrustyklown
And that is my problem because...? I'm only stating it because once you find out what it is that gets changed with this update, the reason for the failures and bricking makes a lot more sense, and with some simple logic, you would understand that this is something that can happen to any Wii - not just a modded one.
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#185 dkrustyklown
Member since 2009 • 2387 Posts

if bricking modded wiis just happened to be a side effect of an update, thatd be fine.

starwarsjunky

BINGO! We have a winner. There is no rule anywhere that states that Nintendo cannot intentionally include into an update the side-effect of bricking modded Wiis. Updates are designed specifically to not work with modded Wii's, so if a modded Wii is updated, then it should cease to function. Once again, Nintendo is not obligated to ensure that their software is compatible with unauthorized modifications. In fact, Nintendo can go out of its way to ensure that its software does not work with unauthorized modifications.

If you think that Nintendo is obligated to check its code to make sure that it works with unauthorized modifications, then your idea of product liability is askew. A product manufacturer has every right to include in its design elements that prevent the product from being used in a way that the manufacturer did not intend, deal with it. If homebrewers want to use their consoles in ways unintended by the manufacturer, then I suggest that they design and manufacture their own consoles, because Nintendo is under no obligation to coddle them.

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#186 DOS4dinner
Member since 2008 • 1072 Posts

i think this thread can be closed now. on the O/T, is there a way to keep up to date with new updates to the Wii software?Big_Evil666

I agree. As for the second part (I assume you mean what the update does), yes there is a way, but GS would ban me if I posted a link. It's not that the site has illegal content or anything bad; GS just has a total ban on all homebrew discussion at the moment.

Oh, and to dkrusty, Nintendo doesn't want to brick a console. They want to make an update that removes all homebrew, but still allows people to play (read: buy) games for that console. Or, at the very least (And most likely their current goal), make an update that makes homebrew so difficult or dangerous that 99% of people won't do it.

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#187 young80s
Member since 2009 • 184 Posts

[QUOTE="dkrustyklown"]

[QUOTE="garrett_duffman"]

"Product liability law, also called "products liability", governs the liability of manufacturers, wholesalers, distributors, and vendors for damages caused by dangerous or defective products." if something is defective, such as an update, nintendo is at fault, not the consumer. the only legal action nintendo can take is to not fix modded wii's, as modded wii's void the warranty. "Design Defects: Liability arises from a mistake or oversight in the design of a product, which makes it dangerous when used as intended, or when used for another reasonably foreseeable purpose." such as homebrew on a console.

please, stop acting like you even know HALF of what your talking about. it's extremely irritating explaining how this works eevery 5 minutes.

source

starwarsjunky

BZZZZZZT! Wrong! The update isn't considered defective if it bricks a modded Wii's. Legally speaking, the defect isn't with the update. It's with the console modification.

Once again, I will clarify that the responsability for a modded Wii being bricked rests squre on the shoulders of the person that modded the console. They were warned that any modifications can cause the console to not work properly. There is no timeframe with this warning. So just because a modded Wii works perfectly before an update and then is bricked after one, that changes nothing. Nintendo warns every purchaser that unauthorized modificaitons may cause the console to cease functioning. Legally, this covers all of their actions.

Don't want a bricked Wii? Then don't mod it. It's that simple, and Nintendo bears no legal responsability for what happens.

You will find NO case law supporting your overly broad interpretation of product liability law.

EDIT: The thing to keep in mind is that Nintendo bears no burden to ensure that the Wii's software is compatible with unauthorized technical modifications. The burden is always on the person that is performing the modification to ensure that the modification is compatible with the Wii's software as well as any future updates to the Wii's software. The person performing the modification is taking a huge risk, because unless he has a crystal ball that tells him the future, then he has no way of knowing exactly how the software will be updated in the future.

What you want is for people to be able to mod without risk. This isn't going to happen. Nintendo spells it out quite clearly in its warnings: modify your Wii and you run the risk of it no longer functioning. This gives Nintendo perfect legal cover to do what it does.


because something is in a warning, that does NOT make it a law. they cannot TARGET wiis that have been modded. if bricking modded wiis just happened to be a side effect of an update, thatd be fine. its like me having someone signing something saying that if they wear a green shirt, i can rob their house. it doesnt work that way. HERE is a somewhat similar situation where amazon deleted an ebook from a kindle and refunded the purchase price, even tho he accepted an agreement that said they could do so at any time. he won $150,000 out of it. so because you accept nintendo's agreement, that does NOT give them the right to do it.

Its not really the same situation for a couple of reasons. Such as the stuff deleted was not a mod but a purchase and the agreement was not clear. If he had modded it to have the book and his kindle was messed up by the company then it would be similar.

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#188 starwarsjunky
Member since 2009 • 24765 Posts

[QUOTE="starwarsjunky"]

[QUOTE="dkrustyklown"]

BZZZZZZT! Wrong! The update isn't considered defective if it bricks a modded Wii's. Legally speaking, the defect isn't with the update. It's with the console modification.

Once again, I will clarify that the responsability for a modded Wii being bricked rests squre on the shoulders of the person that modded the console. They were warned that any modifications can cause the console to not work properly. There is no timeframe with this warning. So just because a modded Wii works perfectly before an update and then is bricked after one, that changes nothing. Nintendo warns every purchaser that unauthorized modificaitons may cause the console to cease functioning. Legally, this covers all of their actions.

Don't want a bricked Wii? Then don't mod it. It's that simple, and Nintendo bears no legal responsability for what happens.

You will find NO case law supporting your overly broad interpretation of product liability law.

EDIT: The thing to keep in mind is that Nintendo bears no burden to ensure that the Wii's software is compatible with unauthorized technical modifications. The burden is always on the person that is performing the modification to ensure that the modification is compatible with the Wii's software as well as any future updates to the Wii's software. The person performing the modification is taking a huge risk, because unless he has a crystal ball that tells him the future, then he has no way of knowing exactly how the software will be updated in the future.

What you want is for people to be able to mod without risk. This isn't going to happen. Nintendo spells it out quite clearly in its warnings: modify your Wii and you run the risk of it no longer functioning. This gives Nintendo perfect legal cover to do what it does.

young80s


because something is in a warning, that does NOT make it a law. they cannot TARGET wiis that have been modded. if bricking modded wiis just happened to be a side effect of an update, thatd be fine. its like me having someone signing something saying that if they wear a green shirt, i can rob their house. it doesnt work that way. HERE is a somewhat similar situation where amazon deleted an ebook from a kindle and refunded the purchase price, even tho he accepted an agreement that said they could do so at any time. he won $150,000 out of it. so because you accept nintendo's agreement, that does NOT give them the right to do it.

Its not really the same situation for a couple of reasons. Such as the stuff deleted was not a mod but a purchase and the agreement was not clear. If he had modded it to have the book and his kindle was messed up by the company then it would be similar.

its just the most similar case i could find. and my point is that they specifically TARGETED any wii with homebrew. its NOT just a side effect of the update. the reason i put the link is to show that TOU doesnt mean as long as something is in there itll stand in court.

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#189 RunnersNation
Member since 2009 • 735 Posts

I haven't been on my Wii since school started.

I think my Wii will be fine, because I've never even heard of the HBC and I don't have it either.

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#190 Big_Evil666
Member since 2004 • 13817 Posts

[QUOTE="Big_Evil666"]i think this thread can be closed now. on the O/T, is there a way to keep up to date with new updates to the Wii software?DOS4dinner

I agree. As for the second part (I assume you mean what the update does), yes there is a way, but GS would ban me if I posted a link. It's not that the site has illegal content or anything bad; GS just has a total ban on all homebrew discussion at the moment.

no i meant is there a way to keep up to date on legal firmware updates. i didn't mean homebrew.
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#191 Johnnyks
Member since 2009 • 32 Posts
No problem with the update. Although, I didn't have homebrew, never heard of it either until recently.
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#192 Yoweeh
Member since 2008 • 3025 Posts

Well considering the 4.0 update did some damage to my Wii already I'm not updating anything.

It would freeze loading games and channels and I had to tons of hard resets...

Homebrew users aren't really taking much money from them either I don't see the point.