Sega accused of using police to recover Nintendo devkits it had "negligently disposed of"

[Pemalite]

psychicscubadiver said:

Pemalite said:

Companies terms of service, EULA does not override your consumer rights.

In Australia, which is often based on UK law, secondhand purchases are generally not bound by a company's original terms of service, as the terms of service contract is between the manufacturer and the original purchaser.

Also. Read the article and start putting consumers before big business/rich. It's silly.

What?
If someone sells something they don't have a right to sell, then that's selling stolen goods and the original owner has a right to recover it. It doesn't matter if the owner is a company or an individual. The line cerebralbore outlines above shows that the kits belonged to Nintendo so unless someone at Nintendo signed off on the deal, then they *can't* be legally purchased. Not unless the UK has some strange law that allows theft. I'm less inclined to blame the guy who purchased them as he may be unaware that the kits were Nintendo's property, but whether he's aware or not, stolen goods deserve to be restored to their rightful owners.

Under Australian consumer law, it is illegal to knowingly buy stolen goods.
But if the prosecution cannot prove that you knew that the goods you purchased were stolen, then you will be able to defend a charge of receiving stolen goods.

Cerebralbore101 said:

Can you provide a link to U.K. law stating so? Also was it specifically an EULA that Sega was bound to and not a rental contract? 

 I emailed (bolded below) Nintendo's PAL branch with the following email. I also reached out to a U.K. law service for clarification. Maybe we can figure out whether or not U.K. law overrides their agreement. 

Are they renting it? Or is it a license they purchased? Just like when we buy a video game?

Perhaps someone who has an understanding of UK law can chime in on this one.

Cerebralbore101 said:

Hello,

Can I buy a Nintendo dev kit from a reseller?

When purchasing a Nintendo 3DS or DS Dev Kit does it become my property? Or does it remain the property of Nintendo? If it remains the property of Nintendo could you include a copy of the contract that makes it remain the property of Nintendo?

Also, why do you believe everything Time Extension says, telling me to read the article, when the article outright states that the dev kits always belong to Nintendo? Let's say that it is an EULA that Sega was bound to. That would make Time Extension wrong. But if they are wrong about that why trust anything else they say? Do you realize that this entire discussion hinges on Time Extension gullibly believing everything the reseller tells them? 

Even ignoring all that.,,,

Supporting a companies screwup and allowing them to be litigious to destroy an individuals life is not okay.

Cerebralbore101 said:

Pemalite is claiming that 3DS Dev kits are under an EULA and that EULAs don't apply to secondhand purchases, in the U.K. If he can provide a reliable source for his EULA claim. And if it was indeed an EULA and not a different contract, then I would concede. I would love it if LegalEagle or somebody knowledgeable in the law picked this up. 

But if the contract isn't an EULA but instead more like a rental contract or even an NDA then Pemalite would be wrong. 

Keep in mind any and all agreements exist between Sega and Nintendo, not anyone else, that doesn't transfer to a 3rd party as they never signed or agreed to any contracts.

Eula/ToS doesn't override consumer rights either. (Maybe in the USA, but certainly not Australia/UK/Europe which are more pro-consumer.)