From reading the 3DS Terms of Service, one could be forgiven for thinking that is exiting the video game console business and entering the brick-making business.

The 3DS Terms are a perfect storm of

1) Updates will happen automatically without your specific permission any time the device connects to wifi

2) The device will constantly try to connect to wifi

3) Updates will specifically disable devices found to have modified software or unauthorized peripherals.

On top of that, Nintendo claims a license to photos and other user-generated material on the devices — and those things are also automatically uploaded, along with user location data gleaned from wifi network proximity.

DRM prevents users from disabling any of these antifeatures, which is why DefectiveByDesign.org has taken an interest, encouraging people to send cardboard bricks to Nintendo.

In the wake of all the Sony PS3 news, is this really the direction Nintendo wants to take things? It gets better: Nintendo claims a perpetual, worldwide license to the photos and videos you take with your camera!

a632bffa23mo3ds.jpeg 450x285 Nintendo 3DS license: Well brick your device if we dont like your software choices, you have no privacy, we own your photos

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Nintendo 3DS license: We’ll brick your device if we don’t like your software choices, you have no privacy, we own your photos