A talk with MLG_JV

[Almas]

Okay, I recently had a conversation with MLG_JV about Brawl+. Here were the main points highlighted:

- Setting up Brawl. Any discussion about setting up homebrew in any way is against the forum's rules. However, discussion about setting up Brawl+ once homebrew is set up is acceptable. For the moment, I will be closing the Homebrew thread for this reason. It is a shame, but unfortunately necessary in order to avoid legal issues. People who wish to set up the Homebrew channel will have to refer to one of many useful guides elsewhere on the internet. Linking to these guides is also against the board's rules.

- IRC. Feel free to link to the Brawl+ IRC chat.

- For the moment, please hold off on discussing Brawl+ on character specific boards. A decision is currently being made as to whether these threads should exist on character boards, or on another board specifically for this purpose.

- The Smash Workshop will not be moving out of General Brawl Discussion.

- Brawlplusery members may gain coloured names in the future, pending a renaming of the group to something less conspicuous. Suggestions on such a name are eagerly anticipated.

- A Brawl+ website is to be made. I would appreciate the assistance of anyone who would be willing to submit articles, images or videos which they think will contribute to the site. However, it is important to note that it will follow much the same rules as this board, in order to ensure that linking between the two sites can be done without risk of legal issues.

Finally, to end on the best piece. ShortFuse has agreed to work on modifying GeckoOS given my input on the best way to do it easily, and hopefully we may be able to see positive results soon in the future. I wouldn't get your hopes up too much just yet, but this might turn out nicely while we wait to see if GeckoOS 2.0 is ever picked up/finished.

Well, that's everything I have to say.

 

[illinialex24]

Sounds good, I understand the legal issues.

I still like Brawl +. Just recommend youtube for Homebrew and we are good.

 

[Ulevo]

Almas, just for clarification. We're not allowed to mention how to install Homebrew on to a Wii, nor are we to link to tutorials and other references. However, are we able to explain to someone that in order to play Brawl Plus, Homebrew is a requirement, given they are curious on how it is possible to play Brawl Plus?

Also, I opt for silver names. Anyone else think so?

 

[ndayday]

This is a pretty nice closure, kind of.

I'm looking forward to the site that is going to be made and the coloured names, it's always nice to see new stuff on the boards.

 

[MaxDeUh]

Avoiding legal issues? Are we forgetting that there is nothing illegal about the HBC? It's what you do with HBC that's illegal.

 

[illinialex24]

Avoiding legal issues? Are we forgetting that there is nothing illegal about the HBC? It's what you do with HBC that's illegal.

Putting a third party channel on your Wii is actually against Nintendo policy. So it has legal issues. Emulators are not illegal if you own the games in question. So although a majority use it illegally, Homebrew is against Nintendo policy.

 

[Jiangjunizzy]

Avoiding legal issues? Are we forgetting that there is nothing illegal about the HBC? It's what you do with HBC that's illegal.

the eula was updated to cover hbc essentially

 

[Almas]

Yes, it's fine to mention that homebrew is a requirement, and to mention homebrew apps that are pertinent once someone has the channel prepared. If anyone were to be willing to make a guide to setting up Brawl+ it would be much obliged.

I understand that Homebrew isn't literally "illegal". But the fact that it voids the newest EULA means that MLG can't endorse it on their site. It is an issue linked to the fact that this board is corporate-owned.

 

[cman]

MLG wouldn't be endorsing it though. Only independent posters on the board would be discussing it. To me, this seems similar to claiming that a mall endorses smoking weed because someone smoked it inside, or something like that. I don't see how what we say automatically represents the views of MLG.

 

[Deleted member]

If the mall owner knows people smoke weed inside and does nothing to stop it, he'll get a fine. (let's just say that the mall owner is supposed to report anyone doing something illegal, and if he does not he goes to jail).
Edit: Silver sounds awesome, Ulevo.

 

[kupo15]

Also, I opt for silver names. Anyone else think so?

ewwwww

If anyone were to be willing to make a guide to setting up Brawl+ it would be much obliged.
.

Isn't that what makkuns tut is for?

 

[Almas]

Makkun's tutorial thread included a guide to setting up homebrew, which is clearly against the updated form of the board rules.

 

[Dark Sonic]

Also, I opt for silver names. Anyone else think so?

YESSS!!!!

Spoiler

10Jyeses

 

[wazgood]

We should at least give Makkun a chance to edit his thread... rather than have someone else make a new one.

 

[shanus]

Name colors of choice:

White, Silver, or Navy Blue would all be too good

 

[goodoldganon]

Rainbow. I will accept nothing less.

 

[leafgreen386]

I see a loophole.

You do not have to agree to the terms of the Wii Network Service EULA in order to legally operate the Wii Console offline.

http://www.nintendo.com/consumer/systems/wii/en_na/privacyEULA.jsp

Wii NETWORK SERVICES USER AGREEMENT

Last updated: November 17, 2008

"Wii Network Service" means the service whereby we can distribute Content, messages (including commercial and non-commercial messages) and other data to your Wii Console, or link you to an Internet site, and whereby you can send and receive Content, messages (including commercial and non-commercial messages), and other data, including Third-Party Data, using your Wii Console. The "Wii Network Service" includes, but is not limited to, the Wii Shop.

"Content" means the software, services, material and other data which we own or have the right to use, distribute or sublicense, and which we send to, or make available as a download through, the Wii Console or the Wii Network Service.

Chapter II: Unauthorized Software, Services, or Devices or Unlicensed Accessories

Your Wii Console and the Wii Network Service are not designed for use with unauthorized software, services, or devices or non-licensed accessories, and you may not use any of these with your Wii Console or the Wii Network Service. Such use may be illegal, voids any warranty, and is a breach of this agreement. Such use may also lead to injury to you or others or cause performance issues or damage to your Wii Console or the Wii Network Service. We (and our licensees and distributors) are not responsible for damage or loss caused by unauthorized software, services or devices or non-licensed accessories. We may take steps to disable or delete any unauthorized software, services or device installed in your Wii Console, for example, by detecting and disabling them through the Wii Network Service and/or game software. If we detect unauthorized software, services, or devices, your access to the Wii Network Service may be disabled and/or the Wii Console or games may be unplayable.

# You may terminate this agreement by removing Content from your Wii Console, discontinuing use of the Wii Network Service, and forfeiting any rights to Points in your Wii Shop Account, which become our property.

# We may terminate this agreement, or any portion thereof, at any time, for any reason whatsoever. Such termination will void any licenses granted in accordance with this agreement and may prevent your use of the Wii Network Service.

Now, if you're following carefully, you will notice a few things. Namely:

The Wii Network Service pertains specifically to Content that Nintendo distributes through their online service.

In terminating the agreement of the Wii Network Service EULA, you only forfeit the rights to the use of the Wii Network Service. You do not forfeit the rights to offline use of the Wii Console.

By these restraints, under any condition otherwise legally abiding, Content accessed through game discs is legal.

This also means...

Installation of the Hombrew Channel is legal under any and all circumstances. Its installation will only legally prevent you from use of the Wii Network Service.

The phrasing in Chapter II of the Wii Network Service EULA states it that it "may be illegal" to use unauthorized software and/or hardware with your Wii Console. Let me quote exactly where it says that.

Your Wii Console and the Wii Network Service are not designed for use with unauthorized software, services, or devices or non-licensed accessories, and you may not use any of these with your Wii Console or the Wii Network Service. Such use may be illegal, voids any warranty, and is a breach of this agreement.

You must very carefully note the use of the word "may." The use and installation of the Homebrew Channel is not inherently illegal. The Homebrew Channel does not violate any intellectual property rights. It was not made using copyrighted code. The fact that use of such software is a "breach of [the] agreement" is irrelevant if said agreement has been terminated. I would also like to point out the ridiculousness of "voids any warranty" in regard to the legal ramifications of installing the Homebrew Channel; you cannot be sued for voiding a warranty.

Therefore, by terminating the agreement set forth by the Wii Network Service EULA, you are legally enabled to install and use the Hombrew Channel. In terminating the agreement, you do not forfeit your right to operation of the Wii Console or to the use of software and/or hardware associated with it, regardless of if said software and/or hardware is endorsed or licensed by Nintendo. However, you do forfeit your right to legally access the online services provided by the Wii Network Service.

 

[Yeroc]

The problem is, it still IS a breach of Nintendo's License agreement, and as such, MLG officially wants nothing to do with it.

 

[leafgreen386]

A breach of the agreement means nothing if the agreement has already been terminated. The act of installing and using the homebrew channel itself isn't illegal.

 

[goodoldganon]

My mind was just blown!

Good find Leaf.

 

[GHNeko]

Rainbow. I will accept nothing less.

This

or Gray.

White is good too. But not silver.

 

[shanus]

Navy Blue: *shanus *
White: *shanus *
Silver: *shanus*

 

[GHNeko]

navy Blue All The Way –*shanus –*look How Awesome That Looks

...That's not bad at all.

 

[cAm8ooo]

I vote navy blue

 

[kupo15]

Arent TOs navy blue?

 

[spunit262]

Is there a list of all the used name colors and positions somewhere?

 

[cAm8ooo]

http://www.smashboards.com/profile.php?do=editusergroups

 

[shanus]

Arent TOs navy blue?

I think they are 1 tone lighter.

 

[kupo15]

I think we should be a shade of purple. Purple are broomers and so are we

 

[GHNeko]

I think we should be a shade of purple. Purple are broomers and so are we

Broomers != B+roomers/Broomers+

Different color please.

 

[Ulevo]

For the record, when I said silver, I didn't mean actual silver. I was suggesting a shade of grey.

Blue, Pink, Purple, Orange, Red, white, Green and Aqua are taken.

Edit: Ulevo

 

[Wiwiweb]

Stop talking about colors, and check what leaf said, or else it'll get unnoticed.

 

[Deleted member]

wow, not posted here in weeks.

what leaf said is interesting though, but it still breaks the license agreement.

maybe an orange colour?

 

[Ulevo]

wow, not posted here in weeks.

what leaf said is interesting though, but it still breaks the license agreement.

maybe an orange colour?

Orange is taken.

 

[Shadic]

They are?

Unless its a Modtype. But I think Orange would be cool. And different.

Edit:

....Oh.

 

[shadowtroop]

bright pink/off white?

 

[spunit262]

spunit262

I like silver.

 

[leafgreen386]

wow, not posted here in weeks.

what leaf said is interesting though, but it still breaks the license agreement.

maybe an orange colour?

Correction: It breaks the license agreement for the Wii Network Service. There is no such license agreement for use of the Wii Console. If you're not under the effects of the Wii Network Service EULA, then there is nothing wrong with it. People would just have to be willing to terminate the Wii Network Service EULA to be legally in the clear.

For colors, well, most of your "typical" colors have already been taken, but we could always use a lighter or darker version of an already existing color on here. Naturally I'm biased, but how about a light green? =p

 

[spunit262]

Correction: It breaks the license agreement for the Wii Network Service. There is no such license agreement for use of the Wii Console. If you're not under the effects of the Wii Network Service EULA, then there is nothing wrong with it. People would just have to be willing to terminate the Wii Network Service EULA to be legally in the clear.

For colors, well, most of your "typical" colors have already been taken, but we could always use a lighter or darker version of an already existing color on here. Naturally I'm biased, but how about a light green? =p

I wounder which color your name will be cyan or what ever is chosen for us.

 

[Almas]

People with multiple colours available can choose which they want active.

I'll forward JV this information about the EULA, but I'm unsure if it'll make a difference. I think a large portion is just about being associated with these activities.