Nintendo has threatened to brick 3DS devices that have been modified by hardware or software. To protest, Defective by Design will be sending bricks with a note to the chairman of Nintendo of America, Reggie Fils-Aime. What do you think about this? Does Nintendo have a right to render devices we purchase as useless? Last time I checked, 3DS's are still selling for $250. Once we buy the device isn't it ours to do as we please? Is it wrong for me to put a sticker on my DS? Can I change the casing if it cracks or scratches? We have replaced the scratched screen on our DS Lite, we have cleaned the broken trigger buttons in an attempt to repair them. If the repairs fail it's our own fault, I don't blame Nintendo. I can understand this tinkering voids the warranty. If the system broke while it was under warranty I would have send it back to them to fix. I understand that people modify the hardware beyond standard maintenance. Perhaps for these individuals their system should be blocked from the Nintendo network so they don't interfere with "vanilla" systems. I think bricking the device by rendering it useless is going too far. Here's an quote from the Terms of service (chapter 3). I think they mean business:
"You understand that the Nintendo 3DS System specifications and the Nintendo 3DS Service are constantly evolving and that we may update or change the Nintendo 3DS System or the Nintendo 3DS Service in whole or in part, without notice to you. Such updates may be required for you to play new Nintendo 3DS games, enjoy new features, or continue to access the Nintendo 3DS Service. 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."
What about software modifications? That's awfully vague. Chances are the DS Cart system I'm using is violating the terms of service. The kicker is that I am not using it to pirate games. I use it so I have all my games with me and don't have to worry about losing them. Have you seen how small these DS cartridges are? Again I don't agree with hacking the system to ruin the game play for other people. I think Xbox has taken the proper approach to block non standard systems from the network.
Has Nintendo gone too far?