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Nintendo Penalizing Homebrew Users?

An anonymous reader writes "Bricked your Wii? Not only will Nintendo charge you for the repair, they will now add an additional fee if they detect any homebrew software. 'Should Nintendo have to pay to repair hacked Wiis under warranty? Maybe not, but they have no (moral) right to gouge customers out of spite for having the HBC installed. This actually poses a technical dilemma for us with BootMii. As currently designed, BootMii looks for an SD card when you boot your Wii, and if it finds the card and the right file, it will execute that file. Otherwise, there's no way to tell it's installed.'"

2 of 95 comments (clear)

  1. Re:Is this allowable by law in Europe? by lordofthechia · · Score: 4, Informative

    For the uninformed (mods, looking at you), among other things, the Magnuson Moss Warranty Act (unless I've mixed up Supreme Court Cases) puts the burden on the manufacturer to prove that an aftermarket part or enhancement caused the defect for which the product needs to be serviced.

    The homebrew channel would fall under this and since it is easy to remove be no cause for voiding a warranty (like Ford refusing an engine repair because you installed an aftermarket radio...).

    --
    Georgia Tech, the leader in Chia(tm) technology.
  2. Re:Is it so hard to understand? by abigsmurf · · Score: 4, Informative

    Except that's not true (even if the act did apply in Germany):

    One condition of a full warranty under that act:

    "may not exclude or limit consequential damages for a breach of any written or implied warranty on the product, unless the exclusion or limitation conspicuously appears on the face of the warranty"

    And in very prominent text on the standard Nintendo Hardware warranty (their caps, not mine):

    "THIS WARRANTY SHALL NOT APPLY IF THIS PRODUCT: (a) IS USED WITH PRODUCTS NOT SOLD OR LICENSED BY NINTENDO (INCLUDING, BUT NOT LIMITED TO, NON-LICENSED GAME ENHANCEMENT AND COPIER DEVICES, ADAPTERS, AND POWER SUPPLIES); (b) IS USED FOR COMMERCIAL PURPOSES (INCLUDING RENTAL); (c) IS MODIFIED OR TAMPERED WITH; (d) IS DAMAGED BY NEGLIGENCE, ACCIDENT, UNREASONABLE USE, OR BY OTHER CAUSES UNRELATED TO DEFECTIVE MATERIALS OR WORKMANSHIP; OR (e) HAS HAD THE SERIAL NUMBER ALTERED, DEFACED OR REMOVED."

    That condition stands out clearly on the warranty ( http://www.nintendo.com/consumer/manuals/warrantytext_eng.jsp ) which itself is fairly short and easy to understand.