According to 3DS terms of service via Defective by Design:
By accepting this Agreement or using a Nintendo 3DS System or the Nintendo 3DS Service, you also grant to Nintendo a worldwide, royalty-free, irrevocable, perpetual, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content in whole or in part and to incorporate your User Content in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.
Wow. Responds Defective by Design: “Can you imagine Canon or Nikon claiming the right to use pictures taken by you with one of their cameras?”
It gets worse. The onus is on you to ensure players under thirteen don’t use real names and take photos of themselves on the device. And sould Nintendo think you are in violation of their terms, they “will render your system permanently unplayable.”
Jeez, can the 3DS get any better?
In the words of a once great super-computer known as Joshua, "The only winning move is not to play."
What is with all the 3ds hating at the moment? Ok, its had a slow start with few decent games at the moment and no on-line shop. Every new console has little to play on it – get over it! Thats the price for being an early adopter.
I'm sure if you looked at the terms of service of any entertainment device it would have loads of similar stuff in it but they're mainly so the manufacturer has an automatic get-out if someone tries to sue them. I mean, iphones were recently found out to basically be tracking peoples movements – surely thats leagues worse than this!
People need to stop picking holes in the 3ds about ABSOLUTELY EVERYTHING! Come Christmas time with all the great games on the horizon and the e-shop the 3ds is going to blow everyone's freaking mind!
3DOS. I have no desire for one. I still love Nintendo though.
I love when people conflate "hating" with "raising serious, completely debatable points about [X]" as if they are the same thing and can both be easily dismissed as such. It's what makes the Internet the Internet these days, huh?
In any event, and more seriously, the Nikon point raised by the FSF is particularly damning.
I hate those clauses. Doesn't facebook appropriate your pics once you put them on too? I should probably check that EULA too…. course I just click accept on intunes updates without reading, so I'm probably part of the problem.
What's with you guys. I'm not calling you "Haters" but you sure sound like them Infendo. I mean, the 3DS has sold more than the DS at launch (at least in the first month). And, although the launch 1st party titles are laking, there are a few good 3rd party titles out right now that I have fallen in love with. (Namely Samurai Warriirs and Ghost Recon). And this post in particular is aweful because almost all EULAs have things like this.
Sorry for the long rant guys, but a few of the writers on this site need to focus on the future of the handheld. Maybe this should be "Hate-3DS-but-love-Gamecube-and-AGS-101-nendo ( that last part was unrelated, but I just thought I'd ad it in)
3DS sales have tanked already in every market. Like all Nintendo products, it enjoyed its initial launch novelty value in sales, but unfortunately its staying power is in serious question now. Nintendo's complete failure to consider Apple (and mobile gaming in general) as competition is going to cost them hundreds of millions of dollars over the next two or three years, and releasing a pricey, limited functionality gaming device like the 3DS in today's economy is just plain ignorant; gimmicks can only take you so far. Even Sony's NGP is going to struggle dramatically. So it's not so much that the 3DS is bad or that its games aren't any good, it's just that what it does have just isn't nearly enough in today's gaming marketplace. Why do you think Microsoft has no plans to release a portable? They even pulled the plug on Zune altogether. Nintendo and Sony both are going to have to pay a serious price for their lack of foresight and inabilty to adapt in the portable/mobile gaming space. This isn't hate. It's common business sense.
See this is why Nintendo should have waited to launch the 3DS till it had more software and the eshop update completed. then we wouldn't have people nit-picking over everything about it since it is new. I agree completely with richufc
Jack, you keep say that you are not hating but that you are “raising serious, completely debatable points about [X]†then why don't you tell us something good or enlightening about the 3DS, instead of constant bashing of Nintendo and the 3DS.
I bought the 3DS a week after launch and I don't regret it at all. Wish the eshop update would come sooner but crap happens. I have 2 games for it and between those games, plus find mii and the AR games and Face Raiders, it's fine.
And if this is in Nintendo's TOS then that is the TOS to use the 3DS. Don't like it? return it or sell it. I'd be willing to bet that that is in there simply for CYA moments that lawyers required.
@deepthought
That's one of the many reasons I disabled my facebook account. Their lack of concern for privacy is astounding.
You might be able to concede being part of the problem by just clicking accept on iTunes updates and such, but those things are written in such a way that you practically have to have a law degree to understand them! Manufacturers/developers need to put their agreements in common language that people can understand.
@Caleb
Facebook has plenty of concern for privacy. When they were asked to disclose their finances, they said, "No. That's private." Oh, you meant OUR privacy! Yeah, they're bastards.
Piracy Protection & Lawsuit Defence. Simple. It's just a matter of time before you see Fox News saying that the 3DS is a bait for predators, just like it did with the DS (though I'm not sure if it was FN, but you get the idea), and the terms are to protect Nintendo in a hypothetical court case where it gets sued for not having protection against it. Also, the DS got shafted by piracy massively. With the fear of remotely bricked 3DS's pirates will think twice before they decide to crack a 3DS. As for tracking all the data in the 3DS, didn't we already know this? Even the Wii does it and no one is crying out loud about it. If you've been doing nothing wrong with it, what's to fear?
Anyone have a link to DS sales during the first 3 months? I'm sure there on the same level as 3DS sales right now since the launch software seems to not be everyone's cup of , what with all the "3DS sucks/collects dust" comments around the web.
Most of these arguments are going to be sooooo forgotten once Zelda and a few more great games are released.
Nintendo's simply guarding their I.P. rights in an ever-expanding online world. They're trying to cover any forseeable situation.
But if anyone here's writing a novel, don't do it on your 3DS.
@ Caleb
in one week i will have a law degree… i really hope this doesn't mean i need to start reading those!
also lol @ Drahken
@ Richard
Agreed, I too think this is more about the drought.
*sigh* This…
News Flash! The internet is a bad place where you can be tracked, with cookies, virus', key logging, hackers, trojans, and malware!! If it's connected to the internet, it's not safe for personal data… DUH? Dang, this stuff is annoying as of late.. EULA's aren't meant to make you feel good! It's for the company, and so long as you do no wrong, you do no time..
Really, wouldn't you be thrilled to see your Mii used in a commercial.
Could you and Jack please go away? I'm kinda getting sick of having to see Nintendo bashing everytime I come here
@ Blake R lol, nice. it does seem to be getting out of hand.
For those of you sick of infendo as of late I suggest you go to Nintendoeverything.com
It updates every day with new news and videos(while infendo sits and complains about no games and info)And doesn't have bull shit articles like this. Get it together infendo your turning into n4g.
@jagsrock95
yes, I've been there several times and it really is a great site. If you go to nintendoeverything and mynintendonews you'll pretty much be set up for a great daily fix. Please get better infendo. I've been going to your site for 3 years now and I don't want to give up completely because of two trolls
Oh god. Infendo is turning into Youtube with all of these comments!
He simply read to you the terms of service on the 3DS, and his opinion on it. This is Nintendo "news" (olds?), whether you like it or not.
Unless you plan on creating a feature-length film in theaters using nothing but Flipnote Studio 3D, I don't see how this is a big deal though. In essence, it allows Nintendo to use your work in a commercial, whether you like it or not. Which … OK. I plan on drawing penis-related animations anyway. If anyone seriously cared about their pictures (which I just realized that this also covers), they would not have a Facebook, etc. I guarantee if you in-person (due to lack of image messaging … or for that matter text messaging) 3D sext someone, I seriously doubt Nintendo will download the picture of your junk to distribute on the internet with a caption.
It's just not going to happen.
@Blake R
Wow! Mynintendonews.com is awesome! the best part is it's just straight up news not muddled with the writers opinions. Infendo take notes
so if your over 13 you can do what ever the hell you want!? i dont think this is that big of an issue because even cell phones track user info. it will never directly effect anyone the fact is learn to live with it or dont own a 3ds period. I know i won't be anything with my 3ds that nintendo would even think to look at. I think this could harm sales though i mean your system being basically owned by the company that makes could turn off alot of people. But honestly how many parents are going to see this around christmas time by then we will all probably forget so it doesn't matter.
Goodbye Infendo! I'm sick of what this site has become. Thought you would like to know that.
ha- i think it's hilarious that people are complaining Jack is too negative about Nintendo. Never thought I'd see that.
Anyways, as usual, I come here for opinions. Not news. Besides, every time infendo posts news someone is really clever and posts about another site getting the story first. i hate those people….
I too am getting tired of all the baseless Nintendo hate coming out of Infendo lately. Most fan sites don't post blatantly stupid negative articles like this.
Nintendo is not intending on stealing your pictures, or secretly profiting from your ideas. The warning is there because StreetPass allows you to randomly share your username, location, user-created Mii and other game content, and that obviously has to be part of the TOS agreement.
I'm wondering if such sweeping user agreement terms are an indicator that Nintendo has as-of-yet unannounced plans to improve their online services into something more facebooky. Maybe that's why this damn global update isn't happening until E3.
LOL Seriously so many longtime readers quitting this awful site.
I guess we can say Infendo's new content direction is "mixed."