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United States

Fri 23rd Dec 2011

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Elliander commented on Pokémon X & Y Won't Be Patched to Accommodate...:

They should sell DLC for Pokemon X and Y allowing those games to use content for Pokemon ORAS and make any new content for Pokemon ORAS available to purchase for X and Y as well.

That way, for example, I could bring my cosplay Pikachu into Y if I feel like it. I could also bring in new mega evolution stones.

Or they could make a game registration system through Pokebank that will only allow you to buy the DLC to allow the content for one game if you already own it. So, for example, you could only buy the DLC to use ORAS content in XY if you also buy ORAS and also a Pokemon bank subscription. That would be the absolute best thing they could do since it would be like selling people the same game twice! It would also make it easier for them when they transition to Generation 7 since they could do the same thing and allow Gen 7 Pokemon in Gen 6.



Elliander commented on Nintendo's 'Stability' 3DS Update 9.5.0-22 Tak...:

I'm not a pirate, but I learned from my experience with Spore. The Pirates had a fully functional product on day one, but I - who preordered months in advance - had to wait a few extra weeks for it to arrive and it was crippled by the DRM. Although I still buy games to support developers, I never use DRM copies of anything. Even when I back a game on kickstarter I just don't play it until there is a cracked version if it's released with DRM.

On consoles my main concern is the longevity of the product. Game discs become scratched over time, servers get shut down, but pirates usually have ways around these problems.

For this reason I prefer playing my games with backup loaders. Of course I always show that I own the game whenever I make a video about backup loaders. As an added bonus I can even back up my save files for the pokemon games - something that I never got to do with my old game boy that was stolen.

On obvious counter to this is the suggestion that I buy my games online, but that won't help me if it stolen because there are a limited number of transfers that I could possibly make nintendo. And also won't help me with save games. If someone stole my 3ds I can restore all the files without having to setup a new system and even the content I buy online comes back with it.

If I could play all my games on a single card and have the convenience of knowing that all my games are safe why would I bother doing anything else?



Elliander commented on Nintendo Revenue Claims on Mario Kart 8 YouTub...:

I can confirm that Nintendo is sending DMCA take down notices over Mario Kart 8 videos:

I filed a counter notification already so Nintendo has 10 days to sue me or it goes back online. Then I have to repeat the process with every single video. I have already contacted lawyers about filing a lawsuit of my own though. Even though there is now a mandatory arbitration agreement, the moment Nintendo used DMCA - by the conditions of it's own EULA - they can now sue me and I them.

Here are the facts:

1.) Nintendo advertised the ability to create and upload to youtube clips of 15, 30, and 45 seconds. It also advertises the ability to embed these clips within posts on the console itself.

2.) Only people who purchase Mario Kart 8 may use this upload feature. This means that when you purchase a copy of Mario Kart 8 you are not only purchasing a license to the game, but a license to all features of the game. This in turn means that I paid Nintendo for a license to create and upload videos to youtube.

3.) I have never monetized any Mario Kart 8 video and I have no interest in their affiliate program. If I were to use their affiliate program it would give Nintendo all advertising revenue for all videos that I create that is Monetized. Due to the fact that I manage videos for a company who had me process VHS into digital and upload to Youtube back when Youtube was young I do not have a contractual right to give Nintendo the ad revenue of these videos nor do I have any incentive to do so anyway.

4.) When Nintendo sends a take down notice it is threatening to have the entire account deleted. This constitutes potential damages.

5.) Even though the video in question is only 30 seconds long and only had 20 views it is on principle that I fight back. I paid Nintendo to use it's product and I will have what I paid for. To this end I contacted Nintendo over the phone and spoke with people for over an hour who took down my legal information and forwarded it to the legal department before it escalated this far and they have refused to work with me.

6.) In order for Nintendo to win any case against me it would have to argue in Federal court exactly how it is copyright infringement to use it's software exactly as intended. If, for example, it originally intended to leave audio out it could have designed it to do so. If it wanted to embed adverts in the video itself it could have done so just as Electronic Arts did with it's Spore video creation. It would also have to justify continued distribution of such software during such a lawsuit and show how my use of it's software is damaging in any way.



Elliander commented on Talking Point: Is There A Future For The Wii U...:

@datamonkey I found a way to turn off the screen, but as soon as you push any buttons it comes back on.

Home Button > Controller Settings > Display Off

Of course, this doesn't really do with any good for games that just mirror the screen from the TV to the gamepad and don't offer anything new. In those situations we don't have the ability to turn off the screen which greatly affects battery life.



Elliander commented on Talking Point: Is There A Future For The Wii U...:

@element187 honestly, that's the problem. Most of the games that I have seen so far have no problem streaming from the console to the game pad screen, but that's all they do. Its just two identical screens with no additional functionality. I like having the option of using a gamepad screen, but I really don't like being prevented from using a pro controller instead, at least for these games.



Elliander commented on Talking Point: Is There A Future For The Wii U...:

@QuickSilver88 card games would be especially useful on the Wii U gamepad, assuming we can get more than two. If you have ever tried playing uno on xbox you would understand how hilarious it is to try. Everyone can see everyone else's hand. But on the Wii U, you can keep your hands separate. No one else has to see what cards you have.



Elliander commented on Talking Point: Is There A Future For The Wii U...:

I purchased a Wii U and although I love the potential I hate how I am being forced to use it for EVERYTHING. I can't set up a console or shop or edit settings without it and I can never turn it off.

In every game I played so far the gamepad should have been optional. I like the usability of mario bros wii u, but if I play solo I can't use the touch screen anyway, yet I am forced to play with the oversized controller. It's nice to have the option of hand held playing so someone else can use the tv, but how about giving me the option of playing with my pro controller?

Then there's Doctor Luigi which, adide from a special touch screen mode, is also two identical screens.

Cloudberry Kingdom gives me the option of playing solo with the pro controller, but more than 3 players and the 4th will have to use the gamepad which isn't being utilized in the least.

Trine 2 won't allow me to play single player with a pro controller eithet and it is also just a mirrored screen.

Edge is a single player puzzle game that doesn't need it either, but requires it. At least it will only show the game on one of the screens.

The pattern is clear: No games make much use of it, yet no player is given the option of doing without. This is especially bad when you consider that the gamepad costs $150 to replace and the target demographic is children prone to breaking things.


I don't want to see the gamepad abandoned entirely, but I do wish they would be more sensible about it. All games should have the option of using the pro controller instead of the gamepad when the gamepad isn't utilized. Games already released should be retroactively adjusted accordingly. Menus should give the option of using other controllers.

Donkey for the gamepads themselves, I feel they need to be expanded on. Right now the range is not very good. If they added on NFC repeater that you can plug in somewhere in another room just within range of the console after syncing, which would both the console and Gamepad would sync through when not in range, it would actually be possible to even daisy chain them to accommodate any sized house so that you can truly take this controller anywhere you need it to be. Additionally, such repeaters if done right could be used to enable support for additional gamepads without a loss of frame rate and would even make it possible to have more than 2 supported.

These gamepads have quite a bit of potential for games and should be expanded on, but again should not be forced on people either.



Elliander commented on Nintendo Determined to Beat Hackers with Wii U...:

Turns out the Wii-U does perform automatic updates without permission. When you say "no" it happens in the background anyway. This can be a serious problem because if you interrupt the update in progress your Wii-U will be bricked. Many people with spotty connections will also be affected even if they do know, and since the whole purpose behind the majority of these updates is to combat piracy the consequence will just be to expose everyone else to bricking.

Isn't it ironic that the only people who will be adversely affected by this "security" are the people who think they are safe because they are not modding?



Elliander commented on Nintendo Determined to Beat Hackers with Wii U...:

Piracy is not the only reason why people mod their consoles. While Piracy does indeed happen, many mods come as a result of an actual need. For example, Nintendo insisted that no one needs any more storage practically insulting it's customers in the way it said so. In response, the modding community found a way to enable 32-GB SD cards and shortly after Nintendo did the same. Nintendo disabled the ability to play legally owned DVD movies from the Wii, so the modding community unlocks it. Unfortunately Nintendo responds by physically blocking that capability in revisions which still makes no sense. Then there is region free: There are a number of English games released in Europe that are not released in North America, and even those games that exist in both usually the one released later has more content. Additionally there are some games in Japan never released in English that I really like.

While Piracy can be a problem you need to step back and think about it for a moment. Would a person pirating a few hundred games be likely to spend money on all of those games? No. While it may be true that the ability to pirate decreases the amount of money those people spend on games, it isn't nearly as big of an issue Nintendo is making it out to be especially since these people make up the minority.

I should also point out that because Piracy is looked down upon, the programmers of some modding tools cannot be used alongside other hacks. There are all kinds of crazy and interesting stuff that modding can do that isn't against the law. On the contrary, I would argue that Nintendo earned at least as much money as it lost to pirate in the way that modding has kept the system flourishing. Most non-party games can be beaten so quickly that renting would be enough, but if you can revisit those games with mods that you need the disc for you are more likely to buy.

Now, if someone were to purchase a Wii-U and mod it and it were to be bricked, it would be very easy to prove if someone was pirating or not. If someone isn't pirating and simply unlocking a feature for increased usability Nintendo would be open to a lawsuit. Why? Because regardless of whatever is written in the EULA Nintendo doesn't have the legal authority to destroy private property. This was verified in a parallel case involving cell phones. The cell phone companies didn't want people unlocking their phone to use with another carrier and when it came to a lawsuit the courts ruled that because the phone is physically owned by the customer the most they can legally do is invalidate a warranty. More recently in cases involving the iPhone people have been unlocking it for a very good reason: Turns out if you accept an update on an obsolete model everything slows to a crawl and the only way to fix is to unlock the phone. There are other reasons to unlock as well, but Apple does not have the legal authority to brick them. Back to Nintendo, the simply fact is that there are enough legal precedents to show that Nintendo cannot do this, but because no one has actually brought Nintendo to court about it yet the issue continues. In all honesty though it would only be a matter of time before the bricking strategy fails for the same reason as it did in other industry sectors.

It's also creepy some of the things Nintendo authorizes itself to do that goes above and beyond preventing piracy. It reminds me of the Amazon Kindle scandal where Amazon sold something it shouldn't have and then hacked into people's devices and deleted the offending material without users permission. Even when companies say they never would, just having the ability to access people's devices remotely concerns me.



Elliander commented on Review: Fortune Street (Wii):

I have the game and I love it, but I would give it only 5 stars entirely because there is no way to save in multiplayer. I use my Wii primarily as a party console and I have yet to be able to complete a single multiplayer game of Fortune Street. Even at the lowest options of the simplest board we just can't finish it in a single gaming session. I consider the save game feature very important and your review doesn't mention it at all.