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Uhh... Can this possibly be legal?

#1 User is offline   lalala Icon

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Posted 30 January 2010 - 09:39 AM

So... My mom recently bought me a Wii. Before I even go into detail, be aware that we live in Malaysia, capital of bootlegging. Anyways... this Wii came with several things already installed, namely Homebrew Channel and NeoGamma. Now, I'm kind of questioning whether I should take the thing back and demand them uninstalled. I DO NOT want to play pirated games and I'm frankly concerned about whether these programs are even legal. I'm not exactly sure what the programs are except that they are related to the playing of pirated games. So... My questions are: What exactly are homebrew and neogamma? Are they legal? and What should I do about this?
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#2 User is offline   Felix the Cat Icon

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Posted 30 January 2010 - 11:07 AM

Just so you know this thread is on the boarders of the following rules:

GameSharkForum Board rules said:

#4 - No Piracy
No forms of piracy will be tolerated. ROMs, Emulators, MP3s, Warez, whatever. This applies not only to games but to music, videos, and all other media that are copyrighted by an entity other than yourself.
#5 - No Mod-Chips or Warez
While we understand that some people use them solely for the purpose of playing imports and we respect that, far too many people use mod-chips to play illegally copied games. Because of this, the discussion of mod-chips is not permitted.


However here is my suggestion:

Return the entire system and demand that you get a brand new one!

If you got the system used, then If i was you i would do exactly what you suggested. That being get them to delete it. Seem that your system somehow got pirated stuff onto it, thus it makes me guess that it's a used system!

Wikipedia said:

The Homebrew Channel is a freeware homebrew application loader that was developed to provide a way of easily running unofficial software on the Wii console. Once installed, it appears as a standard Wii Channel on the Wii Menu. When launched, it displays a list of applications found on an SD card, and the user can select an application to launch by using a GameCube controller or the Wii Remote. It also accepts application uploads via a USB Gecko or TCP/IP (over WiFi or Ethernet), which allows for quick application testing during development. When first launched from the Wii Menu, the Homebrew Channel will check for updates to itself and automatically download them if the user chooses to do so.

Wii System Menu 4.2 attempts to delete an installed Homebrew Channel. This was worked around by simply changing the ID of the channel in the latest release.


Wikipedia said:

Legal state:

Nintendo has stated that you void the warranty by using the unit with products not sold or licensed from Nintendo. Many sources suggests that homebrew applications are included in this statement, although Nintendo has never said anything directly about the Homebrew Channel except indirectly defining it as an "unauthorized channel" by the 4.2 update of the system menu .

By law, it's not illegal to install and use the Homebrew channel and other homebrew software. When a person obtains a Nintendo Wii then he/she buys it, and has full rights to do whatever he/she wants to with the unit. It should be noted that this doesn't mean that all custom applications can be freely used, as homebrew programs that break the law are illegal. Those illegal programs are in most cases programs made with the intention of pirating.

With system menu update 4.2, Nintendo added code to brick units with altered region settings. By doing this Nintendo has proven that they have the ability to brick any Wii by any criteria through a system update, if they intend to. Since altered regional settings are associated with pirating, there is no legal question about if Nintendo broke the law by bricking those units. However, if Nintendo decide to brick any Wii with the Homebrew Channel installed sometime in the future, doing that is theoretically not legal since there is no way for Nintendo to know if a unit has been used for illegal acts just by checking if the Homebrew Channel is installed.


With that last quote it should answer all your questions :yes:
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#3 User is offline   PhoenixHellfire Icon

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Posted 30 January 2010 - 04:16 PM

[size=4]I think you can take the battery out and put it back in to reset the Wii back to its factory settings. If not, you probably can just delete the channels you don't want.[/size]
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#4 User is offline   lalala Icon

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Posted 30 January 2010 - 07:41 PM

Well as far as I understand, the system is brand new but when my mom purchased it, the guy took it out of the box and installed all of these things.
And I don't think this topic is in violation of the TOS seeing as I'm not glorifying use of these programs or anything, I just wanted some advice.

Anyways, I think I'll try just deleting the channels and if that doesn't work, I'll take it back and ask the guy to delete them for me.
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#5 User is offline   Felix the Cat Icon

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Posted 30 January 2010 - 07:49 PM

View Postlalala, on Jan 30 2010, 08:41 PM, said:

Well as far as I understand, the system is brand new but when my mom purchased it, the guy took it out of the box and installed all of these things.
And I don't think this topic is in violation of the TOS seeing as I'm not glorifying use of these programs or anything, I just wanted some advice.

Anyways, I think I'll try just deleting the channels and if that doesn't work, I'll take it back and ask the guy to delete them for me.

I did not say it was in violation of it. I just said it was bordering it. Meaning that since I knew you were asking for advice the thread was ok! Sorry if you thought otherwise!

Anyways you may have to rest the entire system (tho I have a wii system myself I have yet to try resetting it)! Good luck with this problem and hope you get it resolved! BTW I think on the last page of the Wii system settings there is a selection for resetting your wii (format wii system memory).

Not really sure how to help you other than what I have already said.
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#6 User is offline   /\/ollog Icon

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Posted 04 February 2010 - 05:45 AM

The warranty is void.
Just remove the applications with the data manager if you don't plan to use them.
They're not illegal, but can be used to run pirated games.

Neogamma is used to run retail or copied discs, and usb drives with games on them.
Homebrew channel is only used for running homebrew, not retail games.

Note that using the wii's format option can brick your wii if you do it without removing everything first.
There's plenty of places you can find information on how to "virginise/ze" your wii, it's hard to follow but it's better to ask 9001 questions and be safe than to try and waste whatever the wii cost.
You could also try emailing nintendo support telling them you didn't know you'd be getting these installed on a new wii and they may replace it for you. Unlikely though.
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#7 User is offline   Trel Icon

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Posted 04 February 2010 - 06:49 PM

Yeah, Neogamma is the only one to be worried about as far as piracy. The Homebrew Channel is for homebrew. I have it on mine for the sole purpose of backing up all saves regardless of whether nintendo wants me to or not.

You should be more worried that a system sold as new was definitely not.
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#8 User is offline   gamemaster Icon

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Posted 06 February 2010 - 12:30 AM

homebrew is a bunch of indie games...some are fun, the only problem if you pull the power when its saving a homebrew game...you wii is screwed

i wonder if you wii is modded and where did you buy the wii from?

This post has been edited by gamemaster: 06 February 2010 - 12:35 AM

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Posted 06 February 2010 - 04:34 AM

View Postgamemaster, on Feb 6 2010, 08:30 AM, said:

if you pull the power when its saving a homebrew game...you wii is screwed

That's an old wives tale. :p
The only risk to your wii comes from Nintendo updates, and installing more piracy.

I love the ability to backup my ssbb save, something Nintendo doesn't like I guess, since I can't do it from the data manager.
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#10 User is offline   Ayako Icon

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Posted 26 February 2010 - 05:29 PM

Lala, if you are worried about the pre-installed stuff, I agree that there are many effective ways to get rid of those yourself. Being in Malaysia, I'm not sure how successful it would be to try and return a system, even if it was advertised as brand new. I hope you get it resolved! Personally, I don't really have any experience with homebrew stuff; the only cheat device I ever used on a game system was the one for the old GameBoy. I loved that device; too bad it couldn't prevent Missingno! :p

Felix, you quoted the rules to lala right off the bat even though it was clear she was not advertising or acting against the rules. Some people may see that as a slap to the face or being a [insert colorful noun starting with a "d" here]. Hope that explains the response just a little better. ;)
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#11 User is offline   Felix the Cat Icon

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Posted 27 February 2010 - 09:39 AM

View PostAyako, on Feb 26 2010, 06:29 PM, said:

Felix, you quoted the rules to lala right off the bat even though it was clear she was not advertising or acting against the rules. Some people may see that as a slap to the face or being a [insert colorful noun starting with a "d" here]. Hope that explains the response just a little better. ;)

I said sorry already :unsure:
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