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November 19, 2009 by RawmeatCowboy
Filed Under: Wii, Nintendo in general
Oh man, here's one that's sure to make you guys chuckle. Erik Estavillo is suing Nintendo because of a firmware upgrade that rendered his Wii homebrew channel to not function anymore.
Estavillo claims that update 4.3 disabled his Homebrew Channel, which he used to unlock characters in Mario Kart Wii. Plaintiff states that the only way to unlock characters in Mario Kart Wii is to purchase Super Mario Galaxy, which will unlock a single character in the former title. “In essence, Nintendo is forcing customers to buy another game to unlock one character in a different game.”
I wonder if this guy seriously thinks that he's going to win this one. I'm pretty sure this lawsuit is going to be dismissed as soon as someone of importance sees it.
Story Feedback
http://www.destructoid.com/banned-psn-t ... 3262.phtml
Nintendo's lawyers will laugh at him just as hard as Sony's. Microsoft's too while we are at it.
Lesson learned - don't go and update your Wii Menu if you use unauthorized software. Idiot.
Wii EULA
Wii Code of Conduct
Yeah... I was gonna say this. Galaxy is not required. Even if it was -- he could easily and LEGALLY get an SD card save of the game from Gamefaqs or elsewhere. So he hasn't a leg to stand on.
Mostly because he states as rule that you can only get Rosalina that way, even gamefaqs, and it's bizarre comunity, knows there's another way!
Yeah, and the funny part is it didn't disable his wii just removed the homebrew channel...
It's like 'the thing I used to unlock this character and then never need again after that got erased!'
He is kind of admitting he used it for other things by complaining it was erased after he used it to unlock something, you know?
Second of all YOU CAN unlock her without Galaxy save data.
Third of all Nintendo clearly states that altering the machine is against their policy and in fact can be punishable by law in some instances. What an idiot.
why would this guy NOT have Super Mario Galaxy?
I was just about to say that. Sure, it takes a while, but it's possible. I just got her randomly when I powered up the game one time.
And why wouldn't you WANT to own Super Mario Galaxy? It's not like they're forcing you to buy one of the Imagine games...
It sometimes is rather amazing how deep the idiot hole some people go for the sake of the god of money...
I support Homebrew and the Homebrew Channel, but this is one of the most retarded things I've ever seen.
And he's not even RIGHT.
1. He can still reinstall the HBC. Not to mention, there was an update to it right around the 4.2 release that PROTECTS IT from being deleted, and you can easily reinstall things needed to use certain apps.
2. You don't need Galaxy to unlock Rosalina, it's just easier.
3. Why would you own Mario Kart and not Galaxy? Galaxy is leagues better than Kart Wii.
4. HBC was illegal, technically, to begin with.
God. He's retarded.
Now hacking the online to me is stupid, because it ruins the experiance for everyone else.
Oh and pirating games is wrong too.
This.
You'ld still have to own Super Mairo Galaxy (or have some way of playing it at least once).
The Wii won't let you copy saves until you have played a game at least once. IIRC homebrew save manages also have the same problem. The save directory creation is only something that the game can do.
Anyway, if it was something like suing Nintendo due to them not repairing the GPU melting for free inside a warrenty period because the homebrew channel was installed that would be interesting. Think about it. Should breaching the software EULA prevent you from getting hardware repairs?
what is so stupid is he can just re-install it as they have instructions on their site on how to do it.
As for Rosalina, he needs to get a star rank in the mirror cup.
This is one of the worst lawsuits I have ever heard of.
you can't copy saves from Games with Wifi unless you use homebrew to do so xD'
This. And what a lazy gamer at that, unlocking all the characters in something is half the fun [though Brawl's roster was just way too easy to unlock and had too few at that imho]!
Although there's no legal binding behind this because nothing is signed prior to purchase, he would still loose his case because Nintendo warns users before any firmware updates that it can disable unauthorized hardware or software mods.
Trollin'?
Man American is dumb sometimes.
1. He doesn't want to play 1 of THE BEST games of this gen...
2. You mod your console...then sue Nintendo?
3.W.T.F?!
THIS. Indeed.
Also...WTF?! with this dude ROFLCOPTER. lol
And, speaking of which, why the hell WOULD HE NOT have Super Mario Galaxy? I really hope his lawyer's make him pay up exorbitant fees for this dumbass case that'll be thrown out at the drop of a hat.
i don't see the big deal, just get an SD card and to go gamefaqs for a game save...though i guess you'd have to take whatever saves are there, vs unlocking a character and playing the game normally.
actually i wonder if there is a case here. does the back of the game box, where it shows the controllers used, say anything about needing another game to get the full experience on kart? that could be tricky.
But since people above say there is a way to unlock her without Galaxy, then he's got no case (and no..gamefaq saves don't count since technically you still needed the game)
However mentioning the homebrew channel is quite stupid. He should just have sued nintendo for not making this character somewhat available within the game (if that's really the case), without having to mention his freaking homebrew channel.
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