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Nintendo Updates Take Wii U Hostage Until You "Agree" to New Legal Terms

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When you buy a device, you expect to own it. You expect to be able to open it up, mess with it, and improve it. At the very least, you expect it to continue to work for its intended purpose.

What you don't expect is that the manufacturer will remotely cause the device to stop functioning unless you agree to be bound by new legal terms governing your relationship with them.

Yet this is how Nintendo's update to its end-user license agreement (EULA) for the Wii U works, as described by Youtube user "AMurder0fCrows" in this video. He didn't like the terms of Nintendo's updated EULA and refused to agree. He may have expected that, like users of the original Wii and other gaming consoles, he would have the option to refuse software or EULA updates and continue to use his device as he always had before.  He might have to give up online access, or some new functionality, but that would be his choice. That’s a natural consumer expectation in the gaming context – but it didn’t apply this time.

Instead, according to his video, the Wii U provides no option to decline the update, and blocks any attempt to access games or saved information by redirecting the user to the new EULA. The only way to regain the use of the device is to click "Agree."

Console users have good reason to want the power to refuse updates. A few years back, Sony released an update that removed the PS3's ability to run Linux and custom software. This downgrade eliminated important functionality, but at least users could refuse the update (though the DRM imposed onerous restrictions even then). The Wii U provides no such option: once the EULA update is in your system, it holds the device hostage until you agree to Nintendo's demands.

This is part of a dangerous trend. Last month, the New York Times reported that some auto loans are accompanied by "starter interrupter" devices that can shut down your car if you're a few days late with a payment or drive out of a designated area. People were suddenly prevented from driving their children to the doctor, stranded when they tried to escape domestic abuse, and in some cases had their cars deactivated while they were on the road. These extreme consequences came without judicial process, and often without notice.

This trend bodes ill for consumers.  As long as your devices came burdened with DRM and onerous licenses, a device you own may stop working merely because the manufacturer wants to rewrite its contract with you. Agree, or lose access to your device and stored data. That’s what happens when owners become renters.

These kinds of abusive business practices are among the reasons we at EFF fight for your right to hack, root, and pwn your hardware. To read more about those efforts, visit our issue pages for DRM, the Right to Repair, and our Coders' Rights Project.

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webatxcent
3881 days ago
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Bensalem, PA, USA
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Amazon Turned a Flaw into Gold with Advanced Problem-Solving

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“It’s not that I’m so smart, it’s just that I stay with problems longer.”

– Albert Einstein

Several years ago, Amazon was struggling with scaling its e-commerce infrastructure and realizing that many of its internal software projects took too long to implement, a major pain point from a competitive standpoint.

Andy Jassy, acting as a chief of staff for Amazon CEO Jeff Bezos, was assigned the task of figuring out why. What he realized was that what many of these teams were building wasn’t scaling beyond their own projects. For each new project, a team would have to reinvent the wheel.

Jassy and Amazon could have come up with a solution to this internal scaling problem and stopped there. But the team went beyond that, figuring that if they were having difficulty with certain technology infrastructure problems, it was highly likely that other companies were experiencing similar problems. Thus, if they could solve these issues for themselves, they could potentially also solve it for others.

So Amazon started to develop an architecture that could be re-employed over and over again by different engineering teams for different projects. These services allowed Amazon the retailer to move more quickly than it had previously.

But the company didn’t stop there, choosing instead to turn its solution into a new business line, offering cloud computing as a service. And so Amazon Web Services was born. Today, AWS generates roughly $3 billion in annual revenue and adds more infrastructure daily than it took to run all of Amazon in 2003 when it was a $5.2 billion retail business with over 7,800 employees.

The lesson of course is that Amazon didn’t stop by solving its problem, but found a “breakthrough solution” that opened up new business opportunities.

Eight Levels of Problem Solving

It’s not easy to create culture that, like Amazon, sees opportunities instead of problems. But it helps to start with a simple motivational framework to focus people on assessing their own problem-solving abilities. Even better is to begin to reward them as you see their problem-solving abilities progress.

What level problem solver can you be?

Level 0 – Can’t see the problem

Level 1 – See the problem and raise it

Level 2 – See the problem and define it clearly (a problem well defined is a problem half-solved)

Level 3 – See the problem, define it clearly, and identify the root cause

Level 4 – Plan ahead to avoid the problem or derivative problems re-occurring (prevention is better than a cure)

Level  5 – Find a practical and viable solution to the problem

Level 6 – Find a breakthrough solution to the problem (for example, one that saves more than it costs, or opens the way to other breakthroughs)

Level 7 – Take initiative to implement the solution or develop the breakthrough

Level 8 – Look beyond problem prevention – create new opportunities from continuous improvement  (Think 3M, or the Amazon example above.)

Andy and the team could have stopped at Level 3, but instead, they did an internal assessment of their core competencies, which obviously included retail. But when the company dug deeper, it realized that it also had a competency in running infrastructure, backed by an extremely strong technology team.  They were moving up to Level 5. By recognizing that others likely shared their need, they were thinking up to Level 8. The result was a new business opportunity – a breakthrough solution — now worth tens of billions of dollars.

For more, watch my interview with Amazon’s Andy Jassy. 

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webatxcent
4192 days ago
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Bensalem, PA, USA
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