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Submission Summary: 0 pending, 6 declined, 3 accepted (9 total, 33.33% accepted)

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Submission + - Your Nintendo 3DS pwns you (defectivebydesign.org)

Submitted by
Max Hyre
Max Hyre writes: "The Nintendo 3DS's terms of so-called service, and the even more grotesquely misnamed privacy policy, make it clear that you are in the service of Nintendo. Specifically, anything you do, write, photograph, or otherwise generate with the 3DS is Nintendo's possession, for them to do whatever, however, whenever, and for as long as they want. On the other hand, if you do something they don't like, they're prepared to turn your device into a doorstop—and you gave them permission when you started using it.

And if you have a child's best interests at heart, don't give it to anyone too young to know to never use her real name, type in an address or phone number, or take any personally-identifiable photos. They might, at best, end up in a Nintendo ad. At worst, who knows?

Some of the details are on Defective by Design's website. I haven't found the full text online yet. If you do, please post it in a comment."

Submission + - Your Nintendo 3DS pwn you (defectivebydesign.org)

Submitted by
Max Hyre
Max Hyre writes: "The Nintendo 3DS's terms of so-called service, and the even more grotesquely misnamed privacy policy, make it clear that you are in the service of Nintendo. Specifically, anything you do, write, photograph, or otherwise generate with the 3DS is Sony's possession, for them to do with however, whenever, and for as long as they want. On the other hand, if you do something they don't like, they're prepared to turn your device into a doorstop—and you gave them permission when you started using it.

And if you have a child's best interests at heart, don't give it to anyone too young to know to never use her real name, type in an address or phone number, or take any personally-identifiable photos. They might, at best, end up in a Nintendo ad. At worst, who knows?

Some of the details are on Defective by Design's website. I haven't found the full text online yet. If you do, please post it in a comment."

Submission + - First-sale doctrine lost overseas (forbes.com)

Submitted by
Max Hyre
Max Hyre writes: "In a scary 4-4 non-decision, the U.S. Supreme court let stand the Ninth Circuit's decision that the First-Sale Doctrine (which says once you buy something, the maker gets no say in what you do with it) only applies to goods made in the U.S. That Omega watch you bought in Switzerland last year? It's yours now—forever. You can't sell it without Omega's permission.

Omega sued Costco for selling its watches for prices below suggested retail, citing a tiny Omega logo on the goods that it said gave it the copyright holders power to control how creative works are distributed. Costco cited the first sale doctrine, which says copyright holders are only entitled to such protection on the first sale of a work. Without such protection, libraries and book resellers couldn't function.

Suppose they filed off the logo?"

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