Defective by Design

Brick Nintendo before they brick you!

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.

Brick Nintendo before they brick you!

The Nintendo 3DS comes with Terms of Service (TOS) that should not be accepted. To enforce these terms, Nintendo uses Digital Restrictions Management (DRM) technology. Because of the Digital Millennium Copyright Act (DMCA), users are legally prohibited from modifying their devices to block Nintendo's nastiness. This combination of legal and technological restrictions makes the Nintendo 3DS dubious, devious, and defective. This page outlines some of the nastier parts of the DRM-enforced TOS.

Join us in delivering a message in protest to President and COO Reggie Fils-Aime, by sending him a bundle of bricks along with a letter explaining the issues. Make a small donation before May 18th and we'll send a brick or several on your behalf (please note we will still accept orders past the the date of May 18th). To read the letter that will accompany the bricks, see our Brick Nintendo blog post.

The Nintendo 3DS tracks all your activity and claims the use of your data

The Nintendo 3DS keeps track of every game you play, along with any data or information created while using the device. This includes personal data such as any name, address, or other information you enter; as well as "age, gender, geographic area, game play data, online status, Nintendo 3DS System serial number and device ID, device certificate information, cookies, Friend Codes, wireless access point information, Internet Protocol ('IP') address, and Media Access Control ('MAC') address" (to quote the Nintendo 3DS System Privacy Policy). Further, they collect all "User Content," which they define as all "[...] comments, messages, images, photos, movies, information, data and other content" (Chapter 6, Nintendo 3DS End User License Agreement).

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. (Chapter 1, Nintendo 3DS End User License Agreement)

Please note just how absurd this claim is when you consider something like the photos taken with the 3DS camera. Can you imagine Canon or Nikon claiming the right to use pictures taken by you with one of their cameras? Can you then imagine them calling you a criminal for modifying the software on the camera to keep them away from your pictures?

The Nintendo 3DS will transmit your information to Nintendo

The Nintendo 3DS will send the Activity Log to Nintendo when the wifi is connected.

You agree that your Nintendo 3DS System will connect to the Internet and to Nintendo’s servers—including in both Active Mode and Sleep Mode—for a variety of purposes, including to obtain system or User Content Restriction System updates, for diagnostic purposes, to transmit system log files as described in the Privacy Policy, or to receive Content. (Chapter 1, Nintendo 3DS End User License Agreement)

Nintendo can then choose to share your information and use it to target advertisements to you.

We also may share such information and any User Content you create with third parties. We may share your PII, Non-PII, and Aggregate Information with third parties to complete your transactions and provide you with advertising and other promotional materials on your Nintendo 3DS System.(Nintendo 3DS System Privacy Policy)

Nintendo can update the 3DS without your knowledge and brick your device remotely

Nintendo states that they "may update or change the Nintendo 3DS System or the Nintendo 3DS Service in whole or in part, without notice to you." This includes "embedded software" — aka the firmware on your device (Chapter 6, Nintendo 3DS End User License Agreement).

Worst of all, Nintendo has claimed the right to use the information they collect from your device to judge if you are allowed to continue using it (emphasis added):

After the Nintendo 3DS menu is updated, any existing or future unauthorized technical modification of the hardware or software of your Nintendo 3DS System, or the use of an unauthorized device in connection with your system, will render the system permanently unplayable. Content deriving from the unauthorized modification of the hardware or software of your Nintendo 3DS system will be removed. Failure to accept the update may render games and new features unplayable. (Chapter 3, Nintendo 3DS End User License Agreement)

Children and the 3DS

Children who use the 3DS are expected to know that they shouldn't share any "personally identifiable information" (PII), with their 3DS. That's right, children under 13 should not use their real names to create their game nickname, take pictures with the built-in camera, or participate in any number of ways the 3DS is set up to encourage. If they do, Nintendo claims the right to use their photos, give their information to 3rd-party companies, advertise to them, and more.

Children must not include any PII in their Nintendo 3DS System user name, Mii name, Mii profile information, in-game nicknames or other User Content. Children also must not disclose PII when communicating with other Nintendo 3DS System users or Nintendo through the Nintendo 3DS System wireless communication features. (Nintendo 3DS System Privacy Policy)

If children shouldn't use the device for what it is made for, then why is Nintendo marketing it toward children?

Take Action

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Translations


Have you translated this story or any other documents relating to our Nintendo action? If so, email it to us at info@defectivebydesign.org.

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