Trabski (guest) said:
That would be an odd way to treat your customers. Let's sabotage the products people bought because they don't use it like we told them to.In which world would that be a reasonable or just action to take against your own consumers? (The corporate propaganda world I guess but nevermind...)
Are you serious?
It's not just the way the don't want them to, it's the way that the purchaser agreed to use the device. Essentially if you use it and it brickes your device through Nintendo's programming or a malfunction, it's not their problem but yours.
From the EULA (current version 11/2011):
"You may not use your Nintendo 3DS System with any unauthorized software, unauthorized device or make any technical modifications to the Nintendo 3DS System. Any such use or modification voids any warranty, is a breach of this Agreement, and may be illegal or cause performance issues and/or damage to your Nintendo 3DS System and related services. Nintendo (as well as any Nintendo licensees, distributors or retailers) are not responsible for any damage or loss caused by the use of such devices, software, or modifications."
What I think Nintendo needs to do is take a look at what features these flashcarts are providing that make them appealing that they can provide instead. More sales on older 3DS software (much like Steam), quicker releases/cross-platform libraries of classic games, ease of transfer of software between devices, region free, and homebrew software.
Yes in the end, they cannot beat piracy on a price point (free is just too tempting to many people), but generally speaking piracy is not just about price but many factors including services.
I think their new VC releases have started adding feature from emulators that were needed (multiple save states, freezes) and the recent update to allow you to backup the save data from games also added a way to do some of this for retail games. Now I can play my Etrian Odyssey, backup my save, and let my wife play as well on her own save data all without losing what I've done. Now if they'd just make restoring save points as easy as backing them up!