damn skizzo, that was a mouthful... lol... before I get started, I am not a lawyer. And I have not formally seaked legal counsel on the matter. I do know a lawyer, and he's helped me out a few times to make sure I'm safe.
#1, my app IS legal, but its not legal everywhere in the world, so if a country deems it illegal, it is their responsibility to get their ISPs to block the website hosting the updates. Even if it were illegal in Canada, which I don't think it is, my files are not hosted in Canada, so Canadian authorities cant really say anything. Which brings me to my next point... I'm not hosting ANY files personally, I have all my updates on filetrip, which is affiliated with gbatemp... so technically if something illegal is going on, its their legal staff that will have to determine whether to forcefully remove my app from their website (although if it got that out of hand I would prolly remove it myself just to be safe)
The one thing I can say with 100% certainty, is that NUSAD does NOT contain any copyright code. So this makes it legal in most places. The only places it MAY be deemed illegal is in countries where unlocking anything is considered illegal. And if that's the case, all that country needs to do is get their ISPs to block gbatemp and filetrip or w/e. I know a lot of countries block shit like that.
QUOTE said:
@Xflak, glad to hear you had a good time (I hope). Perhaps the alcohol had something to do with your claim that simply owning a Wii gives you the right to any/all of the code your app grabs. Kind of sounds like if I purchase Windows Vista that I'm then entitled to download XP, 2000 or any other old OS MS produced. Or if I purchase a 3rd Ed. eBook, I'm then entitled to download the 1st and 2nd Ed. as well. When you buy a new Wii, or update your Wii, Nintendo has stub IOS's on it, no? Then that is what you've purchased. Not the right to go and download any code you want off Nintendo's servers, just because you found a way in other than through the front door (the key being your Wii), to replace those stubs. Considering Nintendo doesn't provide any way to delete those stubs for any type of user, that should be obvious.
I disagree... and ur analogy SUCKS! Here is a better analogy... when I purchase Windows Seven (fuck Vista from ur example, lol), I am entitled to every single update they produce until Windows Seven isn't supported anymore. The same applies to the Wii, when u purchased the Wii, u are entitled to every update they EVER provide.
Back to Windows... u notice how windows gives u the option of which updates to download and install? Well, the Wii SHOULD offer the same thing... like, wtf would I want to stub an IOS?? So lets 'uncheck' that update.
Back to windows again... u notice how u can download updates and install them later? Hell, you can manually go to microsofts website and download any individual update for any operating system without even validating your windows (ie.
I think u could prolly download XP files on windows 7, then install them on ur XP machine later). That's exactly what all the Wii Apps do when they connect to NUS servers.
Basically, I feel that when u purchase a Wii, all those updates are for u, and nintendo ASKS you would you like to perform an update... but they don't let u pick and choose what exactly to update... and u can see why because it would be dangerous. But the fact remains, when u buy a wii, u are entitled to as many or as little of their updates as u like. Besides, its not like ninty can tell the difference between a wii connecting to NUS vs a PC (@ least I don't think it makes a difference)
Anyways, Skizzo, plz stop trying to prove NUSAD is illegal. U r a pain in my ass, I just spent 30 minutes writing this shit instead of working on the NUSAD update I need to release this weekend.
In the end... this is why nusad is legal...
1) it doesn't contain any copyright code
2) its all open source
3) if nusd is legal, then so is nusad when it connects to NUS servers... and nusd is hosted on wiibrew.org. And they would never host something illegal (I think we can ALL agree on that). So based on that alone, I think it is safe to say accessing NUS servers without doing a direct ninty update is legal... and I'm sure wiibrew.org DOES have lawyers that look into this shit, and its still hosted on wiibrew even now, despite all their recent removals of many apps within the past few days (I think this is prolly my best argument, so lets bold it!)
4) probably more arguments... but #3 is enough, so I'm gonna stop typing now