Well they seem to be thinking Nintendo's saying "we reserve the right to brick your system whenever we damn well please," which in purely legal terms is true, but it's one of those matters of legal binding that cannot be applied (like the parts of the PSN's EULA regarding what you can and can't do to your PS3 which are not legally binding even if you agree to them), because it violates basic consumer protection concepts.

But Nintendo's not going to be maliciously bricking pirated consoles, or i damn well hope they don't as that would be quite evil of them, Nintendo's just saying if you modify the firmware in such a way that an unforeseen (and unprepared for) incompatibility arises with official software updates, you can't sue Nintendo, though i believe that if you got a good enough lawyer, you probably could, because they share at least partial responsibility for the bricking if it comes from their update (i.e. you did not brick it directly by putting homebrew on. They did not brick it directly by sending their update out, but the two interacted in such a way as it was bricked, and therefore Nintendo assumes partial responsibility for destroying your personal property)

They said the same thing about the Wii, nop? 

Android's mobile operating system is based on the Linux kernel. Google and other members of the Open Handset Alliance collaborated on Android's development and release.

http://en.wikipedia.org/wiki/Linux_kernel

The Linux kernel is released under the GNU General Public License version 2 (GPLv2)

http://en.wikipedia.org/wiki/GPL

Author: Free Software Foundation

Knowledge is power, son.

This is great.

As always, I agree with the free software foundation in principle but not in practice ...

sony gets a crazy amount of bad press for making it difficult to hack on their console while nintendo bricks your console if you try and gets this?

i hope theres a huge amount of backlash for nintendo if this is indeed true

This is a shit excuse for piracy, since no-one is forcing you to carry the cases around.

That's old news that had been already discuss here.

This is just in their EULA to cover their ass if your console get brick when you update because of none compatible equipement (flash card) or custom firmware. The funny things is that this line also been on the Wii EULA, and when did Nintendo intentionaly brick modded Wii?

Then grab one of these...if you're going to pirate, don't use an excuse like that.

This mode of action seems fine to me. Pirates then just shouldn't download the update at the time of release...just wait until a modified one is released.

but its impossible to hate them because they purchase patents and copyrights to many pieces of software and release all the source code making it freeware. Without them the world of software would be a very dismal failure.