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Re:Nintendo's use of surveillance and private investigators ... by zinekeller on Wednesday December 30, 2020 @09:10AM (#25581805)
Good points, this would be out-of-scope of DMCA. However, I don't know if the modder would not be prosecutable under IP laws (violation of copyright) since interoperability seems non-existent (not building a 3DS clone or emulator) and Nintendo has done their due diligence on marketing it as a limited game console, not a general-purpose computer.
Re:Nintendo's use of surveillance and private investigators ... by mhitza on Wednesday December 30, 2020 @10:42AM (#25582586)
Just dropping by here with no context (just browsing comments). Buy I want to point out another fact about EU regulations. It is completely legal to reverse engineer software here.

Might apply, might not apply here. IANAL and I have not read the article :)

Re:Nintendo's use of surveillance and private investigators ... by zinekeller on Wednesday December 30, 2020 @12:38PM (#25583755)
I understand it is legal, but I also understand that it has restrictions: mainly that it is legal only if the reason to reverse engineer something it must be on an interoperability or essential maintenance basis. I am not sure if "modding" beyond bug-fixing is legal in this situation (considering the time period).