Sure, but the whole purpose of pressuring Ebay to take down listings is to attempt to prevent people from reselling the console. They aren't going to actually succeed at preventing aftermarket sales of their consoles because that would be illegal.
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Nintendo Ninjas deleted my eBay offering [see staff post]
- Thread starter Deleted member 49166
- Start date
The purpose was to stop him from advertising it as being moddable and trying to profit off that.
Nintendo wouldn't have done anything if he didn't put that part in the listing (or at least made it less blatant).
User Banned (5 days): Ignoring staff post, implying piracy of most users
Most people modify their console so they could play games without buying them, from nintendo's point of view you are saying that your switch can play games for free, of course they are gonna take your offering down. Should have posted some letters of the serial number or told buyers that you will gladly answer questions about the switch, i mean "is it modifiable" will always be the first question, or at least said you bought it in 2017
Just don't advertise it.
List part of the serial, specify is a launch model, etc.
If you just want a high sell price because it can be modded, then set the auction at the minimum price you would like or put it as Buy it Now.
List part of the serial, specify is a launch model, etc.
If you just want a high sell price because it can be modded, then set the auction at the minimum price you would like or put it as Buy it Now.
That's not necessarily true and you may want to read the staff post...
Nah. Who am I to decide what the buyer does with it? That's none of my business and an ugly move from Nintendo for sure.
Terms on eBay are clear to follow, and YouTube also removing videos on Switch homebrew makes it clear Nintendo isn't messing around on this any longer. A simple relisting using coded language that others have suggested should be an effective remedy.
Thankfully google and bing make it easy to find any resources needed to hack the console, and the YouTube strikes are blessings in disguise since those videos become outdated very, very quickly. Hackable Switch consoles are becoming rarer and rarer, though. The only exploit that works on Mariko Switch consoles requires the user to have remained on FW 4.1.
Thankfully google and bing make it easy to find any resources needed to hack the console, and the YouTube strikes are blessings in disguise since those videos become outdated very, very quickly. Hackable Switch consoles are becoming rarer and rarer, though. The only exploit that works on Mariko Switch consoles requires the user to have remained on FW 4.1.
If I put modded anything on eBay with a company that's still in business I know my ass is shooting from half court lmao
You as the seller are helping decide by stating that it is hackable and I'm sure the OP wanted more money for that fact.
Yep. It's certainly not just a Nintendo thing.
It being modable is Nintendo's own doing. The idea that something inherent to the hardware that Nintendo produced gives Nintendo justification to take down listings of the product they sold in the first place is ridiculous.
Yeah, rightfully so. But ''this switch is hackable'' doesn't mean ''you should shit on Nintendos copyright with this switch''. 2 completely different things.
He was trying to profit off it being moddable. Why is it so hard to list it without saying that? Every other company would do the same. Mention that you have a PS4 with the right firmware to be hacked and expect Sony to ask for it to be taken down too.
Also it was a Nvidia problem not a Nintendo one. It affects a lot of Nvidia products.
nintendo can go fuck itself in general. theyre still so far behind the times in every way that involves the internet lol.
It's not hard to list it without saying that, but saying that is not a good justification for taking down the listing. It's also Nintendo's problem because they shipped a product with those vulnerabilities. Modding a console is not violating Nintendo's IP.
OP
OP
I haven't modded my Switch nor have I pirated games. I just know that people are interested in modding their Switch. Like stated for Homebrew, Streaming.
I think it's one thing to prevent IP violations, but limiting selling old versions just because they are more vulnerable ist too much.
By the way I sold the Switch prior the auction was canceled so no harm done.
Since questioned, I got back what I originally paid for it (minus provision). So in fact I knew it's beneficial to point it out. But you also point out that your car has special features despite it just being a car from the corner when you've bought it.
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Not everyone that hacks, pirates. I've got over 100 games on my Vita with a 256GB card, and they're all either directly downloaded from my download list on PSN, or backups of carts that I own. Same with 3DS.
Who said it was? That has nothing to do with my point as I never agreed with the reason given by Ebay. My Switch is modded but I know not to be stupid and sell it on Ebay either saying it's modded or that it can be. Again, all other companies would do the same it's not just Nintendo.
They are not. Don't put that it is moddable in the listing and it would have stayed up. You wanted the extra money for it being an earlier version and you were not clever about it. That's on you.
There are plenty of legitimate reasons to mod or hack hardware. Installing fan translation patches, for example.
I sold a hacked PSP years ago on ebay and just put an image of the cfw about 3 images deep. Everything went through fine.
To be honest it's because they make great games. When you make great games everyone overlooks everything else you do.
User Banned (5 days): Ignoring staff post, implying others are pirates
Not everyone, but most do.
Yeah, that's not right OP. As somebody who has never modded a console and most likely never will, I believe you should be able to scream from the mountain tops and write in all caps in the title that the model is able to be modded. I understand why Nintendo doesn't want it out there, but they shouldn't be able to restrict your ability to sell a product you own.
On principle you should relist it and put it can be modded and if Nintendo has it pulled make a fuss to eBay. Probably not worth the hassle, but I believe you have the right.
On principle you should relist it and put it can be modded and if Nintendo has it pulled make a fuss to eBay. Probably not worth the hassle, but I believe you have the right.
Have any actual statistics for that, or are you talking out of your ass?
Where is the proof of that? A lot of people hacked their Switches just to back up their saves or have different themes. In specific countries where it is hard to get legit Nintendo games, sure, but overall? You can't say that.
https://www.ebay.com/help/policies/member-behaviour-policies/encouraging-infringement-policy?id=4377
Modding can be used for copyright infringement, therefore ebay doesn't allow it.
Thank fuck eBay didn't give a shit when I bought my Vita years ago. Got CFW on that shit and went to town. I guess you gotta be more sly about it now, OP? Searching things like 'unpatched Switch' and 'first-gen Switch' has led me to a dozen or so active results. Using the word 'modded' probably tipped 'em off, idk.
'Launch Switch' would suffice too. Hell, if you were to provide a screenshot of the Switch's serial number prefix and the first six digits then people looking to buy a hackable system would know what you're on about. Loads of ways to get around eBay and Nintendo's watchful eyes.
'Launch Switch' would suffice too. Hell, if you were to provide a screenshot of the Switch's serial number prefix and the first six digits then people looking to buy a hackable system would know what you're on about. Loads of ways to get around eBay and Nintendo's watchful eyes.
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OP
OP
That's my point. They step in the resale market which is not their business. I get that they want to prevent piracy, but I just bought another system and have spent more the 2000$ on games. Why should t I be able to sell what I have into the best way (like they do with their remakes).
I used to do this for PSP listings when the handheld was still in production, relevant, and CFW was a touchy subject on forums. Sony never did a damned thing. Could they have? Maybe. Nintendo's overreaching here IMO.
OP
OP
It wasn't modded. When you insist on your point not a single Wii U can be sold and that's what I don't like, restricting the resell market
In fact I think that also hurts Nintendo since not all used buyers buy without spending money on Nintendo stuff!
OP
OP
I got the extra money since the listing was canceled after the transaction.
My Switch was never modded, and wasn't sold modded.
That's a conspiracy theory, there's no evidence. Plenty of old switches on ebay and I imagine the only difference between them and OPs is that they aren't advertised as moddable.
OP
OP
eBay stated they were triggered by request coming from the Nintendo email-address posted in OP.
I understand it's ebay policy, but it's very strange the lengths it goes to justify banning *potential* use.
Console COULD be modded which COULD be used for copyright infringement.
Console COULD be used to smash someone's face in.
One of those is 2 steps, and the other is one step. That and the fact that modding isn't illegal, so if you eliminated the copyright infringement part it's still not doing anything illegal, wrong, or harmful.
Equal shame to Nintendo and ebay here, IMO.
Console COULD be modded which COULD be used for copyright infringement.
Console COULD be used to smash someone's face in.
One of those is 2 steps, and the other is one step. That and the fact that modding isn't illegal, so if you eliminated the copyright infringement part it's still not doing anything illegal, wrong, or harmful.
Equal shame to Nintendo and ebay here, IMO.
Then you slipped through the cracks or PSP was a lost cause/not a priority at that point, or you just worded it in a way that avoided flags. I've had firsthand experience of PS3 listings being removed and 360 listings.
The issue is your description of the item and not the item itself. It's as simple as that.
I never said your Switch was modded.
You wanted more money than it's normal value because you knew it could be modded and you knew there was value in that. You were not smart in how you advertised the Switch and you also got unlucky that they noticed yours and not the others that are on sale.
This has been a thing for years. Mention modding/hacking etc in your listing and you run the risk of having that listing taken down.
How much free time do you have? A small claims case for tortious interference against NoA (I'm assuming you're in the US) could potentially net you more than the value of your Switch. If it were me, I'd start with a C&D to that email address, but then again I don't take corporate bullying lightly.
Ain't that the truth. Selling a piece of hardware that is in stock condition is perfectly legal. Pointing out that it can run homebrew is also perfectly legal (and not against eBay policy).
But eBay sure has no problem with the proliferation of counterfeit and pirated games on its site, which ARE clearly illegal and against eBay policy.
Modding a Switch is not illegal. Hacking does not equal piracy.
This is an overreach by Nintendo in every way. They likely just haven't been challenged on it.
If you accept that EULA at face value (as it is a contract of adhesion), it only applies to the Nintendo software. It doesn't apply to Android. You do realize that you can hack a Switch without touching the default OS, right?
Do I violate the Windows license when I plop a second hard drive into my computer and install Linux? Of course not. So why would you bring that up here?
It's not modified. It's not illegal. It's not against eBay policy.
Indeed I must have then.
It's a bit absurd for console makers to do this though, especially if the hardware remains unmodified and the seller only indicates that modification is possible.
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Who said it was illegal? If you had read the thread you would see my Switch is hacked...don't try to ban bait.
It's also not illegal for Ebay to pull the listing down.
Also good luck taking it to court. The company that email is from specializes in IP and brand protection. They would have you tied in knots.
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I bring it up because the user asked.
Nothing about this is illegal, this is about being against someone's (eBay) TOS.
Advertising as moddable shouldn't matter, as they have no more standing to request takedowns of listings that say the system is moddable than they do listings that don't say it. It's not a 'conspiracy theory'.
It's not illegal for eBay to pull a listing down. It is a potential cause of action for Nintendo in intentionally interfere with a third party economic relationship, especially when done under false pretenses (claim of copyright infringement).
These "IP protection" corporations are not anything special. They rely on the fact that most people aren't going to challenge them. Push comes to shove and most will back down because they don't want the expense of trying to defend a spurious claim.
If you take OP's claim at face value, this is the eBay equivalent of the scattershot "claim everything under DMCA" approach that some take to YouTube. You push back and they usually fold. And if you're filing in Small Claims, they can't send a lawyer.
Selling a stock system is not against eBay TOS.
Indicating that it can be modded is not against eBay TOS.
Selling certain modchips IS against eBay TOS.
Selling modification instructions IS against eBay TOS.
This was already linked earlier in the thread but it's pertinent to the discussion from eBay's perspective. Whether it's technically considered 'illegal' would fall under the country I assume.