What is DRM? Digital Restrictions Management. DefectiveByDesign.org is a broad-based anti-DRM campaign that is targeting Big Media, unhelpful manufacturers and DRM distributors. The campaign aims to make all manufacturers wary about bringing their DRM-enabled products to market. DRM products have features built-in that restrict what jobs they can do. These products have been intentionally crippled from the users' perspective, and are therefore "defective by design". Learn more about our campaign

Write to us, info@defectivebydesign.org with news, ideas, feedback and your event photographs.

Outcry leads to 200 bricks ordered and reprehensible Nintendo response

Posted On: Fri, 2011-05-20 15:01 by JoshuaGay

Reggie Fils-Aime In a little over a week, we surpassed our goal of taking 200 brick orders for Nintendo, to protest their claim that they have the right to "brick" (disable) users' devices when used outside of Nintendo's outrageous Terms of Service.

The point of all this is to send a message to Nintendo, and to let potential Nintendo 3DS buyers know how badly the company plans on treating them. It's also to set a precedent, so other companies will think twice about treating people this way.

The message against Digital Restrictions Management (DRM) and terrible Terms is emerging loud and clear. During the week, news outlets around the world (see BoingBoing, PCWorld, TorrentFreak, and many more) have picked up on your action, and have been calling Nintendo asking for a response.

Speaking to MCV UK, a spokesperson for Nintendo issued the following amazing statement:

Nintendo would like to reassure any concerned consumers that under our European terms and conditions and in compliance with European requirements Nintendo does not have rights to user content, such as comments, messages, images, photos or movies, which are shared in private communications between users or simply stored on Nintendo 3DS.

Wow. Nintendo is admitting that the Terms they are attempting to enforce elsewhere are so awful, they are illegal in the European Union!

Of course, this doesn't deny that European users can still be bricked. Also, the Terms are only part of the story here. There is still the DRM software, used to enforce the Terms and keep users under Nintendo's control so they can't modify or improve their own systems.

But this response does confirm for us that Nintendo knows exactly what they are doing. And it shows that if we keep at it, we can expose Nintendo and other companies doing the same thing, forcing them to address the issue.

So, Reggie Fils-Aime, next week, we will be sending you our letter, signed by people from all over the world, along with a whole lot of bricks. We expect a response -- a real one.

Please note that, we are no longer accepting brick orders, but, you can still feel free to order and assemble bricks on your own and send them along with a letter! And, of course, your donations to the campaign are always appreciated.

Update: Over 200 bricks ordered for Nintendo, we reached our goal!

Posted On: Fri, 2011-05-13 14:40 by JoshuaGay

UPDATE: We surpassed our goal of 200 bricks! But, if you would still like to place an order, it is not too late. So, order your brick now.

So far, Defective by Design supporters have ordered 70 bricks 150 over 200 bricks to send to Nintendo's President and COO, Reggie Fils-Aime.

Here are some quick and easy ways you can help!

Also, the DefectiveByDesign.org campaign called the Nintendo support center and they confirmed they may not be able to unbrick a device once they have bricked it. Further, they said that any work they did trying to fix a bricked 3DS would not be covered by a warranty, since that would have been voided at the time they bricked your 3DS. Therefore, you would have to pay them to attempt to fix it. So, this isn't just a hypothetical -- Nintendo knows what they are doing.

Sample Letter for reviewers


Dear [NAME]

I wanted to inform you of an important story being covered by DefectiveByDesign.org. It concerns the Terms of Service (TOS) and Digital Restrictions Management (DRM) technology on the Nintendo 3DS.

I believe this is an important story and my hope is that [NAME OF NEWS OUTLET OR BLOG] will cover it.

You can find the blog post and more detailed analysis of the TOS at the following URLs:

Some of the important points covered by these articles are listed below:

  • Nintendo reserves the right to connect to your device and do a firmware update without notifying you. Further, Nintendo has confirmed that such a firmware update could be used to brick the device (i.e,. render it unplayable); and their TOS stipulates that if you use the device with any unauthorized modifications, accessories, or software, that such a firmware update will brick the device.

  • If a person takes photos or videos with the 3DS, Nintendo claims a copyright license to those pictures or videos.

  • All activities done on the device, including cartridges used, games played, programs run, wireless beacons connected to, etc. are tracked and stored on the device. This is very similar to the recent iPhone location-tracking scandal.

  • By default, your 3DS will always be trying to connect to a wifi connection (even in sleep mode), and upon connection it will upload all tracked data, including the "user content" (such as the videos and photos taken; messages created by the person; etc) to Nintendo servers.

  • Nintendo is clearly targeting children with the 3DS; and their message to parents is that it's the parents responsibility to carefully watch their children using it; and make sure they don't enter any personal information (e.g., take pictures, videos, type their name to friends they are chatting with, etc.). And, while they can turn wireless off and selectively disable some software through settings, it doesn't actually stop collecting and tracking the info.

The DefectiveByDesign.org campaign called the Nintendo call center, and after being passed around a bit, Nintendo confirmed that not only could they brick your device, but, that once bricked, they are unsure they would even be able to salvage it. Further, they said that any attempted work they did on it would not be covered by a warranty, since that would be voided, so you would have to pay for the attempt to fix it!

Again, I hope you will consider covering this important story.


Sincerely,

[YOUR NAME]

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