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Wii homebrew for sale (Copyright? What’s that?)

December 4th, 2008 by marcan · 116 Comments

Recently, some sites have started to sell Wii homebrew packages / guides. Here are two of them:

  • HomebreWare a.k.a. PlaybreWare
  • Another site (I won’t link to it or mention its name because its author apparently feels that it will boost his sales)

Update: HomebreWare is again violating our copyright by selling and hosting our files. They are also operating under the new name PlaybreWare using Plimus instead of ClickBank. The following information applies to the old version of HomebreWare and is outdated; the new version can be summarized as an illegal distribution of our software, software to launch illegal copies of games, and some Nintendo Wii System Software.

The other site is newer apparently, and I’ve already looked quite a bit at Homebreware, so I’ll focus on the latter. Note: if you link to them, try to use the rel=”nofollow” attribute to avoid contributing to their PageRank. Google them if you must find their sites.

The Homebreware site claims to provide software to – surprise – do everything that Wii homebrew applications currently do. I encourage you to read the site for yourself. I actually went ahead and bought it to have proof of what’s going on. What’s in the box? There is none. Their product is entirely delivered online, and includes two parts: a PDF guide and a software bundle. They also have an affiliate program which seems to be pretty active.

First, let’s look at the PDF guide. Content starts on page 3, which is a badly authored introduction. Then, on page 4, we find this (cropped pdf). Hmm, interesting resemblance to, say, this revision of the Twilight Hack page on Wiibrew. Of course, there is no attribution, no GFDL, no nothing. So much for their exclusive PDF guide. But wait, it gets better. The next page is about the Homebrew Channel. Sound familiar? The next two pages are about the Wiibrew SD Installer. I think i’ve heard this before. Then it teaches you how to warez games – using two posts ripped off from the AfterDawn forums (I won’t link to either of these, but suffice to say it’s an exact copy as well). And finally, the Mii Channel Update page? Totally original too. And all that’s left is the FAQ page (which you can also find on their site), and includes such gems as “No it will not void your warranty” (they get to decide that now?) and “No it can’t [brick your console]” (I guess they’re including HomebrewareBootMii now).

Moving on to the bundle part, you’ll find a main bundle, a separate source archive containing a bit of random Wii source code, and the Twilight Hack 0.1beta2 as a separate archive (this was a recent update, and they were too lazy to include it in the main bundle). Here’s the file listing for the bundle, and here’s the source archive. Of note is that the bundle archive includes several WADs copyrighted by Nintendo. Of course, HBC beta9 is included as well as TPHack 0.1beta1, and many popular Wii apps. The questionable warez-launching bits and pieces probably violate the DMCA anti-circumvention clause too (not that I agree with it).

Now, neither the Twilight Hack nor the Homebrew Channel (among others) are distributed under the GPL, GFDL, or any other GNU licenses (we’ve had a source release of TPHack for a while on the back burner, but it hasn’t happened yet), contrary to what the other site claims on their footer (they also don’t seem to know how to spell our name, or that there are several “GNU licenses” and that the GFDL doesn’t apply to software anyway). In fact, they are distributed without any specific license (other than the “no warranty” stuff), which grants them automatic “all rights reserved” style copyright status (at least in all countries that fall under the Berne Convention, that is, practically the entire world). Therefore, redistribution, and especially sale, are forbidden. While we’re okay with free internet distribution by other parties (mirrors), any kind of sale is obviously crossing the line (and that includes any sale of a “guide” with “bundled” software).

I can only speak for the software that I’ve authored, but it’s clear that many other licenses are being violated here as well. If you are the author of anything in the archive and your copyright is being violated, I urge you to take action (tell the world, send them an e-mail, send them a DMCA takedown, whatever).

We’ve started to attempt to send the appropriate DMCA takedown notices to the providers involved, but I’d like to know if you have any suggestions, or if you know someone who could provide legal advice. It’s pretty annoying, as this is a slow process and meanwhile these guys are racking up the sales.

To the people behind this: what you’re doing is illegal, in case it wasn’t clear. We’re going to start firing DMCA notices until you stop. If you don’t stop now we’re going to start looking at a lawsuit.



Tags: Wii

116 responses so far ↓

  • 1 qq // Dec 4, 2008 at 3:27 pm

    The most ironic thing must be the little banner at the bottom of their page saying “page protected by COPYSCAPE do not copy”.

  • 2 me.yahoo.com/a/lZq_bRk0x // Dec 4, 2008 at 4:01 pm

    Q: Can WIIhomebrew freeze (“brick”) my WII?
    A: No it can`t. In the highly unlikey event that your device freezes, simply plug a Gamecube controller, when your device boots up press: up, down, left & right, all at the same time. This is highly unlikely.

    hahaha, an impossible task. so they can say “keep trying”. geed

  • 3 Homebreware // Dec 4, 2008 at 4:08 pm

    I’m the owner of HomebreWare.

    I want to make things clear, I’m not selling the software, I’m selling the guide for unlocking the software.

    The guide was written for me by a person who has had experience with unlocking Nintendo Wii Consoles, I didn’t write it myself since I don’t have much knowledge on the subject.

    The sales page might have been incoherent, thus making people think that they’re buying a software. The sales page has been revised because of this, so that HxomebreWare isn’t mistaken as a software, and the original author of this software has been credited, stating that the product goes under the GNU License, for each separate file

    In the new and revised guide, for each file recommended, it is stated that the file is under the GNU license, and it is free for download.

    I simply hosted the files which were a total of 50mb on my server, because I didn’t want to waste the bandwidth of the author of the software for my commercial purpose. A Dozen people downloading the 50mb files, would be about 1 gb of bandwidth per day from my site, which sums to 30 gb per month. I didn’t want to waste 30gb monthly from someone for my purposes.

    If hosting the files on my server is the issue I’ll just direct the users to the page of the original author.
    As I mentioned I revised the thank you page and after each file on the thank you page, stating that it’s a GNU file.

    Hope this cleared up some things for you.

    You have to understand, there are people who are unable to find guides on the internet, and want everything dumbed down and simplified as much as possible, furthermore, they need constant customer support to get it working. That’s the kind of service we are offering, and it is worth it, there are numerous happy customers

  • 4 marcan // Dec 4, 2008 at 4:24 pm

    @Homebreware:

    1. The guide wasn’t “written for” you. There are two original content pages in the guide: the intro and the FAQ. Everything else is copied from webpages, as I clearly expose in this post, whether you know it or not (maybe whoever wrote it claimed to write it himself, but he didn’t). Go click on the links. That content is also copyrighted, and your PDF guide violates that copyright. In particular, since you are including content from WiiBrew, which is under GFDL, you must link back to the source, and place the ENTIRE PDF under the GFDL license. You also may not include any content in it that isn’t already under the GFDL or a compatible license.

    2. The software isn’t “under the GNU license”. There’s a lot of software under a lot of licenses. Read the article. A large part do NOT grant you any sale rights. This includes the homebrew channel and the twilight hack. You may NOT sell neither the Twilight Hack, nor the Homebrew channel nor DVDX, nor any other software that we’ve written that isn’t under a license that allows for that. Hosting the files on your server and delivering them as part of your product is considered selling, whether you like it or not. As long as you host the files you are committing copyright infringement and we are filing DMCA takedown notices with the parties involved.

    3. As for all the other software, you need to INDIVIDUALLY look at EACH application. As you clearly do not understand copyright, I suggest you have a copyright lawyer look at them as well. You may ONLY host the files and you may ONLY offer them with your product when the license SPECIFICALLY allows for that. If there is no license, then you may not redistribute the applications, period.

    4. Your inclusion of information and applications on how to play “backups” violates the DMCA anti-circumvention clause.

    Just to sum up: you appear to be selling TWO WHOLE PAGES of content, plus articles from the internet, plus applications from the internet. I question the usefulness of that. Heck, I’d go as far as to call it a blatant scam.

    Hope this cleared up some things for you.

    You have to understand that you do not make up the rules of copyright as you see fit. Go talk with a lawyer before claiming that what you’re doing is OK and legal.

  • 5 bootlegger // Dec 4, 2008 at 4:29 pm

    we could always DDOS his server if we band together ;-)

  • 6 bushing // Dec 4, 2008 at 4:32 pm

    Actually, you can’t redistribute the Twilight Hack or the Homebrew Channel without infringing on copyright. It doesn’t matter whether or not you are selling it or “giving it away” or whatever you call it. You have no license to do so.

  • 7 Homebreware // Dec 4, 2008 at 4:36 pm

    I’m not redistributing the twilight hack. What I’m providing is a guide on how to apply the twilight hack. And I’m not selling any of the software, as I said, I’m selling the instructions, the guide.

  • 8 marcan // Dec 4, 2008 at 4:48 pm

    @bootlegger:
    Let’s avoid that :P

    @Homebreware:
    http://www.homebreware.com/twilight_unlock2.rar

    It’s on your server. You’re redistributing it. Same goes for the Homebrew Channel and the Twilight Hack and DVDX and everything else in your software bundle. Everything in there is being redistributed. And you’re selling a guide, most of which you didn’t write. That’s also infringement.

  • 9 Homebreware // Dec 4, 2008 at 4:58 pm

    As I already said, I’m crediting the original author and stating that it is a free software. If that’s your problem, than I’ll just send the visitors to the original authors site, so they can download it for there.

  • 10 TheDemon117 // Dec 4, 2008 at 5:06 pm

    What annoys me most about this is the fact that the author is charging for a poorly written tutorial. Anyone with at least half a brain can at least find one of the millions of tutorials online that will work for their Wii.

  • 11 marcan // Dec 4, 2008 at 5:14 pm

    @Homebreware
    Regarding our software, it doesn’t matter who you credit or not. You may not host it. Period. Feel free to point people to hbc.hackmii.com (the official site). And you need to make it perfectly clear on your homepage that you’re selling a _guide_, not the software. And you aren’t giving away the software as a gift either.

    You still have the issue with everyone else’s software – you’re violating a lot of licenses. And there’s the issue with the guide using ripped off articles. Read the post again. Your product has _MANY_ issues. Until you fix them all it’s still illegal. I suspect by the time you fix all the issues you won’t have much of a sellable product.

  • 12 wiisixtyfour // Dec 4, 2008 at 5:21 pm

    He’s “selling the guide for unlocking the software.” A guide that is found on WiiBrew entirely free of charge. Who would buy it when the can take 2 seconds to google “Wii homebrew” and get to WiiBrew.org?

  • 13 Homebreware // Dec 4, 2008 at 5:24 pm

    I have already instructed the person who wrote the guide to do a better homework and compile a better guide, to write in word by word by himself. It should be completed in the next 24 hours.

    It will be made clear that the user isn’t buying the software, but the guide. And the files will be downloaded for the homepage of the author of the appropriate file.

    All this should be completed in the next 24 hours.

    The mistakes I made were made out of ignorance, not because I intended to do so.

  • 14 marcan // Dec 4, 2008 at 5:28 pm

    @Homebreware:

    As soon as I can confirm that your updated product doesn’t violate our licenses (and those of other wii homebrew authors) I’ll update the post.

  • 15 Mrkinator // Dec 4, 2008 at 5:32 pm

    Man, this Homebreware crap gets better every day I read about it!

  • 16 HyperHacker // Dec 4, 2008 at 5:32 pm

    I like how he didn’t even fix the grammar errors in the PDF.

  • 17 Homebreware // Dec 4, 2008 at 5:33 pm

    I will leave this thread now, Going to post again in the next 24 hours, when the changes are going to be done.

  • 18 wiisixtyfour // Dec 4, 2008 at 5:42 pm

    @HyperHacker
    and he replaced “hack” with “unlock”.

    “The Twilight Unlock” doesn’t sound as cool

  • 19 marcan // Dec 4, 2008 at 6:10 pm

    @Homebreware:

    Please shut down the site within 24 hours until the changes are done. Once they are done, I would like to see the new version before it goes live again.

  • 20 junk_man32 // Dec 4, 2008 at 6:43 pm

    @Homebreware
    So basically, this is what your doing for example.
    Someone writes a story online and people can read it for free. Then another person comes copy it but changes some words and then sells it, basically what you do. There are guides like this everywhere “kid” and i quote kid cause you and your buddy need to do research and stop kidding around with this shit. You know who you are, a plagiarist! Go make your own software or own tutorial on something else man. I hope you stop selling your stupid guide. Tell your friend to go do something else. Just f*** off from the wii homebrew scene okay. Go do something else!

  • 21 sys_xbe // Dec 4, 2008 at 7:09 pm

    reeeaaaaallly liking this “testimonial”

    Darren
    Finally a working kit, after using this kit, I especially enjoyed playing my favorite Super NES Game – Mario Brothers 3

    Bayview, TX

  • 22 StinkFinGr // Dec 4, 2008 at 7:35 pm

    I don’t know if you have seen this forum site where the douche selling this product is trying to recruit other DB’s to link to his page. Apparently the host sales site, ClickBank, won’t let him use any Nintendo or other marginally copyrighted materials. You may want to take your complaint directly to them.

    http://forums.digitalpoint.com/showthread.php?t=1116812

  • 23 wiisixtyfour // Dec 4, 2008 at 7:49 pm

    yeah and this one from the “other site”

    John – California, USA
    “Hi Guys, I was looking for something SAFE to unlock my WII with and i came across your site. I downloaded your product and followed your instructions, so easy! Now i`m happily playing my Gamecube games again, not to mention DVD`s! Thanks again.

    Wii can already play gamecube games. haha

  • 24 Dr.Mario // Dec 4, 2008 at 8:10 pm

    I don’t know how many people here use the Firefox add on WOT but enough people do that if that site earns a bad rating on WOT (which it should) it should detour a lot of people away from that site.

  • 25 arablizzard2413 // Dec 4, 2008 at 8:12 pm

    “Originally priced at $55, HomebreWare can be purchased for a limited time for only $29.”

    You’re kidding me right? No “guide” is ever worth $55, much less $29. They’ve got a paypal logo on their site; I seem to remember something about this being against Paypal’s rules… anyone want to verify? I’m pretty sure violating copyright falls under that category, we can probably report their account.

  • 26 Dr.Mario // Dec 4, 2008 at 8:15 pm

    I didn’t read all the posts before I made mine so I’ll wait until the site is approved or disproved before rating it.

  • 27 ckrames1234 // Dec 4, 2008 at 8:16 pm

    This is pretty intense, to see you guys battle it out. HomebreWare, I suggest what junk_man32 says. Go do something else. Once you legalize all this , no one will want to buy it. And its not that hard to realize that its free, i’m surprised that there are suckers out there to fall for this scam. If your whole career is scamming, your not very good at it, so get a real job. ?

    P.S. How much money did you make? and im not familiar with licenses, but what happens to all the money when you are caught doing this illegally?

  • 28 w11h4x0r // Dec 4, 2008 at 8:16 pm

    @marcan: what good will suing them do anyway?
    if people are dumb enough to pay $29 for a guide, let them. even if he removes the apps from his server, it only means that he will still make the same amount of money while having to pay for less traffic. as it stands now, his site can be used by anyone (who finds the link) as a mirror for all of the apps he has tried to charge people for.

  • 29 Mobot // Dec 4, 2008 at 8:23 pm

    @Homebreware

    You’ve now taken the top spot on my list of worst holiday scams.

  • 30 vladus2000 // Dec 4, 2008 at 8:43 pm

    These people know they are breaking laws do not let them fool you. They are laughing all the way to bank. Engaging them in discourse is futile, hit them where it hurts. Find out where they live, get a lawyer to threaten them with legal action (unfortunately this is not free). Try to get the site taken down, do whatever you can. If they are in a country where this is not useful, well, you guys are hackers I’m sure you can come up with something fun!

  • 31 ften // Dec 4, 2008 at 9:16 pm

    I guess we can just watch these threads to see what happens with Homebreware;
    http://forums.digitalpoint.com/showthread.php?t=1137320
    and
    http://forums.digitalpoint.com/showthread.php?t=1135205 .
    The thread StinkFinGr referenced is now locked.

  • 32 GR1T // Dec 4, 2008 at 9:31 pm

    It’s people like this that make the Homebrew scene look bad. Heck they even make some of the pirates look bad.

    First of all, no guide is ever worth money. A guide is just information, which is something that once developed, can be copied limitlessly, without any work or effort involved. Therefore in a monetary sense this information is worth nothing. Also note that they didn’t even develop any of this information themselves. That they would even think of selling this for any price at all, let alone $29, pisses me off beyond belief. Not only are they impeding progress, they are leeching off of the community, which is an internet sin.

  • 33 christian.remboldt // Dec 4, 2008 at 9:31 pm

    Team Twiizer is the catalyst of wii homebrew scene. Without the TWPhack and HBC it would just be a few enthusiasts with mod chips. I hate to see these guys stealing your hard work. I hope all their servers melt.

  • 34 a // Dec 4, 2008 at 9:50 pm

    First, it is sad to see that people try to profit off of the hard work of others, especially those who intend for that work to be used in a free manner.

    It would be a minor annoyance, but I would suggest placing a TXT file in the Twilight Hack and Homebrew Channel files which states that those files, and most files run through it, are legally available for free. I would also even link to the great tutorials that are available on Wiibrew. In addition, I would consider placing a notice at the beginning of the Homebrew Channel installer, so it could not be easily removed.

    I also agree with StinkFinGr and arablizzard2413, in that you should contact ClickBank and PayPal about this issue. I don’t know about ClickBank, but I am pretty sure that this is against PayPal’s rules. Good luck with sorting this out!

  • 35 The MAZZTer // Dec 4, 2008 at 10:46 pm

    C:\Documents and Settings\The MAZZTer>whois homebreware.com

    Whois v1.01 – Domain information lookup utility
    Sysinternals – http://www.sysinternals.com
    Copyright (C) 2005 Mark Russinovich

    Connecting to COM.whois-servers.net…
    Connecting to whois.enom.com…

    =-=-=-=
    Visit AboutUs.org for more information about HOMEBREWARE.COM
    AboutUs: HOMEBREWARE.COM

    Registration Service Provided By: NameCheap.com
    Contact: support@NameCheap.com
    Visit: http://www.namecheap.com/

    Domain name: HOMEBREWARE.COM

    Registrant Contact:
    WhoisGuard
    WhoisGuard Protected ()

    Fax:
    8939 S. Sepulveda Blvd. #110 – 732
    Westchester, CA 90045
    US

    Administrative Contact:
    WhoisGuard
    WhoisGuard Protected (8be5da381586419f829f5c7fa1ab3123.protect@whoisguard.com
    )
    +1.6613102107
    Fax: +1.6613102107
    8939 S. Sepulveda Blvd. #110 – 732
    Westchester, CA 90045
    US

    Technical Contact:
    WhoisGuard
    WhoisGuard Protected (8be5da381586419f829f5c7fa1ab3123.protect@whoisguard.com
    )
    +1.6613102107
    Fax: +1.6613102107
    8939 S. Sepulveda Blvd. #110 – 732
    Westchester, CA 90045
    US

    Status: Locked

    Name Servers:
    ns1.bluehost.com
    ns2.bluehost.com

    Creation date: 13 Nov 2008 19:59:52
    Expiration date: 13 Nov 2009 19:59:52

    Ah well, Whois proxy. Still can’t hide his webhost.
    http://www.bluehost.com/

    I would suggest copyright holders of works HomebreWare has stolen to them.

    Their ToS: http://www.bluehost.com/cgi/info/terms.html

    Abuse e-mail: abuse@bluehost.com

  • 36 The MAZZTer // Dec 4, 2008 at 10:47 pm

    Er, rather,

    I would suggest copyright holders of works HomebreWare has stolen contact BlueHost and notify them of the infringement.

    Unlike HomebreWare, I am not going to charge you guys for me aggregating this content from Whois servers and Bluehost’s servers. It’s yours for free! :)

  • 37 The MAZZTer // Dec 4, 2008 at 10:49 pm

    Sorry to triple post, but look what I just found on Google:

    http://x.mzzt.net/2008.12.05.00.51.36.png

  • 38 roboprez // Dec 5, 2008 at 12:00 am

    @Homebreware
    Do you know what’s so hilarious about your kit. All it is, is a collection of wiki pages that are free anyway. and no, your testimony about your writer won’t work on me because I don’t believe that you would not even check the product your selling. Plus, you are showing people how to do illegal things with their wii which I don’t think is allowed. Oh, I just remembered one more thing, there are so many more ways to make easy money without breaking the law.

  • 39 Louise // Dec 5, 2008 at 1:03 am

    For the next 24 hours will I let this script run:

    while (true) do wget http://www.homebreware.com/twilight_unlock2.rar -O /dev/null ;done

  • 40 tech3475 // Dec 5, 2008 at 3:58 am

    For the owner:
    If hosting those files is expensive why not use rapidshare?

    Stop giving us your bull**** excuses. Its not like your doing the installation yourself and charging for a service. Your charging money for other peoples haed work which is available for free.

    I hope that nintendo, the authors and dmca eithet shut you down amd/or sue you for trying to trick people into paying for a free product/guide.

  • 41 ava // Dec 5, 2008 at 10:41 am

    It seems they are just trying to buy time to sell as many copies as possible.

  • 42 Crayon // Dec 5, 2008 at 1:09 pm

    I find it funny they call themselves HomebreWare, they should be called HobrewDoc if they are only selling a PDF!

  • 43 oops_ur_dead // Dec 5, 2008 at 1:45 pm

    There seems to be quite a few of these websites popping up. Seriously, just Google “Wii homebrew” and look at the ads on the top and right. I guarantee you one of them will be one of these scam sites.

  • 44 DanielHueho // Dec 5, 2008 at 3:33 pm

    It’s almost insulting to see how “professional” this people are… Someone really needs to takedown that “DigitalPoint” forum… Maybe a DDOS :P.

    OK, now, the “good” news: a new-branded site
    http://www.wiiunlocker.com/

    And some ads too:
    http://img244.imageshack.us/my.php?image=wiiscamqp6.jpg

  • 45 DanielHueho // Dec 5, 2008 at 3:35 pm

    Oh, crap… Sorry for double posting, but if you click the “Nintendo Wii” link on that site, you are redirected to iPhone site… OMG…

  • 46 treyk4 // Dec 5, 2008 at 3:50 pm

    THIS is exactly why i’d like 1337 blackhat hacking skills, to screw over webpages like these.

    I did get through the basic missions and a couple of the advanced ones on hackthissite.org (like that’ll really help tho, lol)

  • 47 wiisixtyfour // Dec 5, 2008 at 4:28 pm

    @The MAZZTer
    yeah, I found that too http://i16.photobucket.com/albums/b30/bguerrero45/googlewiihomebrew.png
    I think they’re trying to see if google can help increase the sales that they lost because of this

  • 48 Dood77 // Dec 5, 2008 at 4:36 pm

    Maybe if this one ends in a big expensive lawsuit it will scare the others off.

  • 49 esposch // Dec 5, 2008 at 4:38 pm

    What we collect
    We may collect the following information:
    – Name
    – Contact information including email address
    – Vehicle information (year, brand, model)

    I therefore conclude that this guy does cookie cutter scams, and just copy-pasted info from a different site. Seriously, Twiizers, sue this guy’s ass.

  • 50 ChuckBartowski // Dec 5, 2008 at 4:49 pm

    Someone should use the admins email to sign them up for a site that sends a bunch of spam. Now that would be funny!

  • 51 marcan // Dec 5, 2008 at 5:33 pm

    To the people who find Google adverts: please send me the actual links (marcan@marcansoft.com). Right click -> copy link location or whatever (to make sure you get the original google link.

  • 52 Zim // Dec 5, 2008 at 5:33 pm

    @ Dr.Mario:

    Haha, I use the WOT extension.
    Sounds like a good idea. ;)

  • 53 nintendomaniac64@gmail.com // Dec 5, 2008 at 7:07 pm

    HOLY CRAP IT’S THE MAZZTER I KNOW HIM!

    Sorry for the caps there but this is the first time I’ve seen him alive for… I dunno HOW many years. I used to use your site for finding out my IP adress if I couldn’t use the ipconfig command.

  • 54 Homebreware // Dec 5, 2008 at 7:31 pm

    Marcan, I have completed the changes as promised, I’ve been working hard the past two days. The pdf guide was removed completely, instead 4 videos demonstrating a tutorial on how to unlock the console were made. That’s what is going to be offered to the user, the videos.

    All necessary files will be put in a resource category and the user will be notified that the file is free, and that he should download it from the original page of the author with the link to the page. All authors will be credited, the user will know for sure that he isn’t buying the software, but that it is free.

    It’s going to take a couple of hours to set the videos to stream on thank you page and construct the rest of it, I will email you the thank you page once it is done at:
    marcan@marcansoft.com

    So you can take a look and tell me if it’s okay.

    Cheers!

  • 55 HyperHacker // Dec 5, 2008 at 8:15 pm

    There’s still a problem with the ads, even if they’re legal:
    “*Homebrew* on Wii
    Play *Backup* Games on Wii…”
    If the point of your product is piracy, please don’t call it homebrew. It makes the rest of us look bad.

  • 56 The MAZZTer // Dec 5, 2008 at 8:46 pm

    Nintendo Maniac: lolhai. That site should still work.

    I won’t bother with the full whois dump for wiiunlocker, but I’ll post the good bits here. Uses a whois proxy (so you can’t see the register’s name and address) and hosted by http://www.hostgator.com/

  • 57 chungy // Dec 5, 2008 at 10:16 pm

    What’s funny is that these sites have the balls to claim that it doesn’t void your warranty. It doesn’t exactly take a lawyer to read the warranty page in your system manual to find out that using any unlicensed software does, in fact, void the warranty.

  • 58 bugger // Dec 6, 2008 at 1:22 am

    Is it just me or are all thous sites deceiving there clients that this can’t brick there Wii and that this way they keep there guarantee?

  • 59 metroid maniac // Dec 6, 2008 at 2:01 am

    Apparently it “Contains software developed by Team Tweazers, View the GNU license”

  • 60 tech3475 // Dec 6, 2008 at 2:28 am

    1.you still a pirate.
    2. The files should be free NO MATTER WHAT
    3. Just give up before your sued and the your servers dos’d

  • 61 bitflusher // Dec 6, 2008 at 2:34 am

    wow video tutorials are really worth lots of money, nice.. no one has done that before:

    http://www.youtube.com/watch?v=gyCaqlR7dDo
    http://www.youtube.com/watch?v=KoQ32B4OsRw
    and lots and lots of others (for $0,00): http://www.youtube.com/results?search_query=install+hbc&search_type=&aq=f

  • 62 Kyo // Dec 6, 2008 at 5:25 am

    Well, though I don’t really agree that what he’s doing is ok, I can’t deny that it’s probably a very lucrative business

  • 63 ryx // Dec 6, 2008 at 5:48 am

    Seriously, someone should drop a note to Nintendo that this guy is selling tutorials about how to pirate VC games and play backups.

    I don’t care at all if he is willing to remove non-GPLed stuff from his “guide”. He is selling the result of other people’s work for a completely insane price – if that’s not illegal it’s at least highly immoral (and pretty poor as well).

    We should quickly create a better and more complete guide (and better videos) and then start to release it for free – or sell it on ebay for 1$ or so (which then should get donated to Team Twiizers for their hard work).

    However – as much as I agree with those few hackers among you, please don’t get down on his level and please forget DDOS or other kinds of “revenge” … it doesn’t help at all. If you’re copyright is violated, call a lawyer and take legal actions against this guy (and all others trying to step on his train).

    just my 2 cents

  • 64 jassim // Dec 6, 2008 at 6:14 am

    can i give a message to that retard from homebreware about selling his crap guide. theres at least 20 guides u can find online for the twilight hack and if u cant understand them u need to see a doctor coz they r so simple.

    and oh, nice try getting people to write fake feedback on ur crap website, hope u get arrested and lose all ur cash, nerd

  • 65 jassim // Dec 6, 2008 at 6:22 am

    hey if anyones bought this crap guide, post it somewhere so no one will have to buy it :P, yh no ones gonna buy it anyway but itll piss him off at least

  • 66 marcan // Dec 6, 2008 at 6:46 am

    Quite honestly, if HomebreWare indeed becomes a seller of a video tutorial then we shouldn’t really have a problem with it. Anyone’s free to sell and advertise guides, even if free ones are available. As long as he doesn’t bundle or imply association or host any of the software, it’s okay. Quite honestly, I didn’t expect that response.

    Speaking of which, I didn’t get any e-mail yet with the new thank you page.

  • 67 tompccs // Dec 6, 2008 at 7:11 am

    I think that HomebreWare is one of those things where we can say that all’s well that ends well.

    As long as no one’s being ‘tricked’ into buying something which is free, the website delivers what it promises and that copyrights are not violated, I’m happy.

    In all honesty, I’m just surprised that this issue hasn’t surfaced earlier.

    @jassim
    Don’t be an idiot. Copyright violation is exactly the thing we are trying to counter, not encourage. I have no problem with the videos: Microsoft doesn’t get pissed off by the ‘Windows for Dummies’ guide. Whether or not the videos are worth what they’re asking for them is down to the individual buyer to decide.

  • 68 Louise // Dec 6, 2008 at 9:04 am

    Dear Homebreware

    I have had a infinite loop running with wget for the twillight hack you hosted since Dec 5, 2008 at 1:03 am. See post 39.

    Now the link is dead. In case you are stilling hosting it, can you please give me the new URL, so I have update the script?

  • 69 Captain N // Dec 6, 2008 at 9:10 am

    Homebreware: How about not trying to make money on other hard work. How about you find a different game and hack its save then sell that.
    Why try to make money on stuff thats free.

  • 70 ava // Dec 6, 2008 at 12:36 pm

    It says on the page “HomebreWare is a bundle that enables your Nintendo Wii Console to run Homebrew Applications, more over it enables […]” and all that crap.

    If I didn’t know much about the Wii and software, I would think that they really were selling kind of a software solution. If they act honestly and don’t want to screw everyone, why not be clear right from the beginning?

  • 71 Red_Breast // Dec 6, 2008 at 1:25 pm

    Just putting my 2 cents in.
    As I understand it from Homebreware (HBW) guy you don’t know anything about the Wii.

    As the person in my family/friends circles who get computers I’m often asked if I could take a look at their PC for one of them as they have a problem.
    A number of times I’ve been asked about downloading films/games etc and what a friend of a friend can do on their console. I usually murmer a yes and then I’m asked if I could show them how. I just reply I don’t know myself. For a number of reasons.
    You say the guide makes it easier HBW but you’re just not understanding it’s not that easy.
    Let’s say somebody buys your guide for one thing. Playing N64 games. Not to take anything away from what the Wii64 guys have done but their software is very much a WIP. A number of games won’t run at full speed.
    Going back to telling my friends/family “I don’t know”. When they persist e.g “he said it was a torrent” or “he said it was a softmod” then I replied with “well, try Googling torrent/softmod”.
    That’s what HBW is trying to simplify but it shouldn’t be simplified. Things have a natural order (man). If the person really wants something then they’ll research. When doing the research they’ll find out that actually Wii64 doesn’t play all games full speed. (sorry to the Wii64 guys I feel bad using you as an example)

    Personally I couldn’t do anything like you are HBW simply because you’re pi**ing people off. Is that not enough? Maybe not.
    If you had any idea about the Wii and homebrew you would be in awe of the stuff marcan and bushing have done. You’re not just pi**ing them off you’re actually pi**ing all over them as well.
    The best way for doing what you’re trying to do, I’m no legal expert so this could be totally bad, is offer help to people who want Wii homebrew help by Instant Messenger. They’d pay a fee for time used and depending what the software is you’d split it 50/50. So long as the people who made the software are OK with this. But like I said I have a feeling that this would be wrong anyway.
    Maybe as your distanced from all this HBW it doesn’t bother your conscience. But let’s say you was reading Hackmii and using it’s software since it started. Could you still sell this pdf?
    How about the conscience of the guy who put the pdf together. How does he feel? I’d have sleepless nights from it all.
    I know times are tight but try getting some work that makes you feel good to do. It’s good for your soul (man).

  • 72 ChuckBartowski // Dec 6, 2008 at 2:48 pm

    Well Its been about a day and theres still no change to the site, you can still buy it and its not changed even a word. I think this homebreware guy is just trying to keep it going for as long as possible then finally changing when someone finally takes legal action against him. I would seriously start thinking about suing this guy rite now.

  • 73 goofster1020 // Dec 6, 2008 at 5:46 pm

    Okay, so let me get this straight…
    Some idiot is taking the stuff we made (as in we I mean the homebrew creators, hackers, and library developers; I don’t write ;) ) and is selling some videos that are just like any other video listed on Youtube for $29?! If that’s not scam, I don’t know what is! This makes me so mad! The guy shouldn’t have done this in the first place! The same as thought of it! My message: Hombreware – Find something else?

  • 74 bootlegger // Dec 6, 2008 at 5:48 pm

    All it needs is one person to kill their wii someway following his guides – then that person might sue homebreware for damaging their wii! We can live in hope, but it is quite possible – not from the twilight hack maybe but other software out there that you can use once you can run homebrew – ie apps that allows you to change your region, language etc. If you screw that up you may not be able to put things right unless you know what you are doing, and the type of poeple buying the guides wont have a clue (hence why they are buying the guides), and I am pretty sure homebreware wouldnt have a clue either.

    Does bluehost have a bandwidth limit per month? If so, if enough poeple download the guide we might be able to push him over his paid limit – if nothing else its like a DDOS and he may have to pay for extra bandwith (well why should he get to keep the money – may as well give it to the host provider!)

    If he is also pushing sponsered links on google, isnt he also breaking googles T&C’s? Should google be informed?

    And last in my rants…

    Anyone use site advisor – is it popular – if so it mights be a good idea to get these sites reported as dodgy – at least it would put a few more poeple off going to their site and getting duped.

    Rant Over.

  • 75 oops_ur_dead // Dec 6, 2008 at 6:41 pm

    Actually, if somebody bricks their Wii with another homebrew app then HomebreWare wouldnt be resposible, the person who wrote the app would be, and most if not all say that if you brick your Wii, its not their fault.

  • 76 h0mebreware // Dec 6, 2008 at 9:00 pm

    Hello from Homebreware,

    To everyone: The issue about Homebreware has been resolved. The PDF guide has been removed, and I have recorded a 4-step video tutorial of the wii unlocking process instead of the PDF guide. Now the users are getting a complete video tutorial on how to unlock their wiis. When they make a purchase, they’re buying a video guide only, they’re not buying any software.

    I haven’t changed the home page yet, I’m going to change it by tommorow.

    I have already contacted marcan and gave him a link to the download page.

    On the download page I have disclaimer which clearly states that the software that is provided in the resource category is not owned by Homebreware, nor it is sold by Homebreware. Furthermore, it is stated that the software is free of charge, and that it goes under an appropriate license. The Original authors of the software are credited.

    The user is being sold the videos, not the software.

    The user doesn’t get the software from the Homebreware website but from an external website, and it is made clear that the software is free.

    I Understand how someone would dislike a commercial idea like this, but it is nothing illegal. Look at all the ‘for dummies’ books, they contain basic information tha can be found on the internet complied in a book.

    All users are taken care of responsibily and a complete technical support is provided for everyone that is having issues. We have a lot of happy customers

    I have worked hard to make the changes so that my site doesn’t have any issues. I still have to make some minor changes according to the email I got from Marcan, those will be done by tommorow.

    Unlike other similar sites, I have already made the necessary change so that my site doesn’t have any copyright problems. I consider myself as a honest publisher, as a result, I completely redid my product according to the likings of the people here.

    If I wanted to do something illegal, I could just host my site in a 3rd-world-country web and domain hosting service, where copyright laws don’t mean anything, so noone could touch me.

    But I didn’t do that, I decided to make the necessary changes to make you guys happy.

    Since I made the necessary changes, you need to give me a break.

  • 77 cr08 // Dec 6, 2008 at 9:27 pm

    All of you who have posted so far who are suggesting such drastic measures against the guy and slinging crap back and forth really need to stay out of it and grow up a little. Yes, the guy made a pretty huge faux-pax in the homebrew community and needs to fix it ASAP. But none of it is by ANY means reasoning for DDOSing or extreme cases of libel and slander bordering on threats against his life.

    Marcan seems to have this situation well under control and has clearly stated his civil requests of the community. No further action needs to be taken. The fact that the owner of Homebreware has actually responded and is complying with the requests made just further implies the need for people to back off.

    The fact that he is making a profit off of guides that can easily be found elsewhere for nothing is not even a reason to get bent out of shape. Some people are lazy enough that they will outright refuse to do their own legwork to find the free stuff. If that’s the case, this guy has every right to make a buck off a 1, 2, 3 video guide for them. Not to even mention this SAME exact theory has been in practice MANY MANY MANY times for AGES not only online but in the real world as well. Get a clue.

  • 78 Smalls // Dec 7, 2008 at 1:39 am

    Homebreware, is major fail.

    I can’t believe how people want to make a profit off of free items. Especially when that person who’s selling it, doesn’t have permission, nor copyrights to that item.

    Same goes with rap mixtapes, mixtrap.com rips you off on free mixtapes.

  • 79 kevind23 // Dec 7, 2008 at 1:52 am

    Supposed legal issues aside, the customers have a right to know what they’re purchasing. Although I doubt you’ve actually had any customers, did any of them know beforehand that they were paying $29 for a PDF file (or, as of late, video tutorials)? Probably not.

    Not only that, but the sites that I’ve seen (which are almost entirely the same; apparently the scammers plagiarize each other as well) are full of holes. “HomebreWare does not condone or absolve any illegal conduct relating to Nintendo or other major companies.” Really? Last I checked, you were promoting illegal backups.

    Take a look at the privacy policy on one of these sites: “This policy is effective April 2006.” Really now? Certainly that wasn’t ripped from another site. “We may, on rare occasion, send promotional email about new products, special offers or other information that we think you may find interesting using the email address that you have provided.” Cool, so I’m paying $25 for spam. “We may use the information to customize the website according to your interests.” No, your website isn’t customizable.

    They go so far as to caution users when clicking 3rd party links on their site — except without their links, their product is moot.

    Honestly, I can’t believe that anyone would be stupid enough to buy such “products.” As much as I hate the DMCA, I really hope you can squeeze some way out to prosecute these idiot con-men, because it’s really not fair to anyone who wastes money on freely available information. What’s more, it’s unfair to the homebrew community, because it makes us all look like pirates and scammers :(

    Oh, and @h0mebreware: Yeah, we get it, you’re not selling an illegal product anymore. What you’re doing is wrong, from an ethical standpoint. You need to tell your customers what they’re buying before they pay money for it. There’s nothing in the law books that require this of course, but if you expect people to lay off, then you should really portray your “company” accurately, and see if you still get sales. If so, good for you– no one can argue with a well-advertised product that’s perfectly legal. But otherwise, I really feel bad for whoever pays you money for some videos that are probably better found on YouTube.

  • 80 I Twiizers sulle schifezze di chi rivende gli Homebrew « Wii’s Temple - Tempio Dell’Hacking Wii. // Dec 7, 2008 at 3:41 am

    […] Linko solo il post ad HackMii: http://hackmii.com/2008/12/wii-homebrew-for-sale-copyright-whats-that/ […]

  • 81 DanielHueho // Dec 7, 2008 at 4:41 am

    OK, maybe I entered the wrong site, but I see no change at all. The site still claims to sell a software bundle. Oh, yeah, and now HomebreWare is compatible with the update 3.4. Wow, they must have a really great team of hackers to do something like this. I mean, installing pirated WADs and stuff is completely possible now…

  • 82 h0mebreware // Dec 7, 2008 at 8:00 am

    As I mentioned, I have made the changes, but they aren’t on the sales page, but on the download page.
    I haven’t changed the home page yet, but I changed the download page, made all the necessary modifications so that there aren’t any legal issues.

    I haven’t had the time to make the modifications to the home page, but I’ll get to it soon.

    Also, the home page states that HomebreWare is a bundle. It doesn’t say anywhere that HomebreWare is a software, re-read the page and you’ll realize that.
    When I say bundle I mean It’ s bundle of video tutorials and a pdf tutorial and ppt tutorial (there’s been a new PDF and PPT added which summarizes the videos, to make it easier for the user).

    I Respect the opinions provided here, and I understand why someone wouldn’t like the idea of such a commercial bundle. I don’t mind the negative criticism, but whoever is trying to hack my website, and my account at a forum I’m a member of, needs to stop.

    Unlike other similar sites, I have put effort to make the necessary changes, so you need to take me of the negative spotlight since there are other sites, that blanatly and knowlingly infringe copyright and sell absolutely crappy outddated guides, which I think don’t even work, while my site provides a video tutorial of a working method, which works with all versions, and we provide full tehnical support as well.

  • 83 flickr.com/photos/nave // Dec 7, 2008 at 9:58 am

    [quote]If I wanted to do something illegal, I could just host my site in a 3rd-world-country web and domain hosting service, where copyright laws don’t mean anything, so noone could touch me.[/quote]

    Listen @h0mebreware Why did you need to make this comment. Is there any need to attack anyone at my 3rd world country.

    Anyway I do believe that your website should give full disclosure of the rip-off you are doing.
    I have a friend on the scene Krusty and listen he helped me a lot with homebrewchannel at no charge. Why don’t you get a real job

    What you are really doing is rip off the whole Scene community or is that you are donating 50% of your profit to the people behind the scene the ones that Do really work on it.

  • 84 soully // Dec 7, 2008 at 10:30 am

    @homebreware
    Where shall I send the invoice for the graphics work I did on the homebrew channel? I’m assuming that you intend to pay for my services.

  • 85 DanielHueho // Dec 7, 2008 at 10:47 am

    @HomebreWare

    I readed the page again. You don’t specify of what exactly contains the “bundle”, but OK, I still did a false statement…

    BUT, the front page still show “features” about HomebreWare, including warez stuff… I almost sure that’s illegal. Also, why you don’t change the page to be more specific, anyway? Put on the front page: “A GREAT TUTORIAL AND FULL TECHNICAL SUPORT”, or something like that. At least be honest, or better, be clear about what you are selling. If it’s really just a guide, no problem after all.

  • 86 cool_boy_mew // Dec 7, 2008 at 11:30 am

    Marcan:
    Quite honestly, if HomebreWare indeed becomes a seller of a video tutorial then we shouldn’t really have a problem with it. Anyone’s free to sell and advertise guides, even if free ones are available.

    Yes, buit aren’t he’s selling “guide” on how to hack VC/Wiiware game? And how to play back-ups? Aren’t selling guide on how to do illegal stuff is itself illegal?

    And yeah, I agree with everyone, it’s incredibly sad that this guy is making some peiople pay money for what they could do for free.

  • 87 xtjoeytx // Dec 7, 2008 at 11:42 am

    [ i think – not a lawyer ] — you aren’t technically a business and therefore the site would be bound to you, as a person rather then a business which would make you personally liable. So if you hosted it outside the U.S. (or whatever country you live in.. in which ‘copyright laws don’t mean anything’).. well the domains still registered in the U.S. right?

  • 88 emailtoid.net/i/b44e2fcc/ // Dec 7, 2008 at 12:42 pm

    @h0mebreware,

    I respect your quick response in changing your product to be non-infringing — you were after all very much on the spot for creating something new to sell.

    However, you must update the front page to match what you’re selling. Currently your customers are advertised something you do not sell, and you are vulnerable to lawsuit under consumer protection laws and interstate commerce regulations.

    A “bundle” refers to software, and the image of a disc case implies a physical product. You are selling a guide/howto/tutorial. While there’s nothing wrong with that, you need to advertise the product as such. Consider language such as “We provide you with all the tools and techniques you need to run homebrew software Wii.”

    Also please consult a lawyer on the phrasing of your front page — based on the information provided to the consumer before sale you would be liable for any bricked Wii since your product is what bricked it. Placing disclaimers on the download page after the customer has paid is insufficient. You also need to cover your ass on DMCA anti-circumvention violations. Something involving phrases like “informational purposes only” and “check local laws in your country before performing any steps to circumvent copy protection measures” is needed here.

  • 89 Rocketomy // Dec 7, 2008 at 1:48 pm

    What was really funny about this was this comment (testimonial page) in particular:

    Kobayashi
    The kit was really simple to follow, it took me minimal effort to get it running. I had a few questions about this system and the technical support was very professional and answered them within 30 minutes.

    Kyoto, Japan

    You guys are such liars, Kobayashi doesn’t even own a Wii, he eats real hot dogs and does not have time for games. Honestly, I think Kobayashi could also sue you for that.

    Get real testimonials and stop making up shit.

    @h0mebreware: go fuck yourself! Stop ripping people off and stop making money off of our hard work!

  • 90 h0mebreware // Dec 7, 2008 at 3:58 pm

    As I said, I’m going to repeat this one more time ONLY.

    I’m not selling any software, I’m selling a video tutorial, and instructional pdf files on how to apply the unlocking process. The user doesn’t buy any software, just a video tutorial.

  • 91 marcan // Dec 7, 2008 at 4:12 pm

    I have just seen the new thankyou page from HomebreWare, and it’s very much improved. The files are linked from external sites instead of hosted on the server, and the page clarifies that the files are not being distributed or sold, only the videos (the PDF guide was replaced with a bunch of videos).

    The main page is still misleading, but I understand that that’s a work in progress and will be fixed.

    As far as I’m concerned, the owner of HomebreWare has corrected the problem.

    Let’s concentrate on the “other” sites now. I have a feeling the owner of HomebrewInstaller isn’t going to be so nice about this.

  • 92 HyperHacker // Dec 7, 2008 at 4:48 pm

    Well, if they don’t comply…
    http://www.nintendo.com/corp/contact.jsp
    “To report ROM sites, emulators, Game Copiers, Counterfeit manufacturing, or other illegal activities, please call us at 1-800-255-3700 or e-mail us at piracyscene@noa.nintendo.com

    Most if not all of these products mention “backup games” or “free games”, i.e. piracy.

  • 93 Sheldon1 // Dec 8, 2008 at 2:33 am

    Hello,

    I am the owner of Homebrewinstaller. I am more than willing to make the necessary changes to my site, and i have already done so with the landing page over the last two days (read my new disclaimer). My guides now link to the downloads and i don`t host them anymore. I re-wrote my PDF so it reflects the original developers. If i can please have your e-mail Marcan so we can come to an agreement over this please.

    Regards,
    Joshua

  • 94 SageChaozu // Dec 8, 2008 at 7:25 am

    I don’t mean to raise any more fuss but if this is the link to the HomebreWare site
    http://www.homebreware.com/
    then there is a small thing that needs to be modified. It is the bottom disclaimer which says:
    This site and the products and services offered on this site are not associated, affiliated, endorsed, or sponsored by Nintendo, nor have they been reviewed, tested, or certified by Nintendo. Contains software developed by Team Tweazers, View the GNU license

    I think it should remove the line saying that it contains the software of Team Twiizers or at least have the spelling fixed.

  • 95 sketter // Dec 8, 2008 at 7:33 am

    I am seriously amazed by the people of hackmii.com (once fixed) to allow guides to be sold.
    And I’m also amazed at how open they are to helping these poor people.

    What a “hole” this is.

    Perhaps some one should make a knock off of these sites and create a free guide.

  • 96 marcan // Dec 8, 2008 at 7:59 am

    There is nothing inherently wrong with guides being sold. On a different level most of us would consider it a waste of money. So what? It’s not illegal or anything. Anyone is free to create a free, equivalent guide as well.

    Once the guide is legal, it just becomes a “stupid people wasting money” case. That’s hardly news. As long as these sites are selling ONLY guides – written from scratch – and they don’t imply any association with us, why do we care?

  • 97 sketter // Dec 8, 2008 at 8:30 am

    I find it misleading, and taking advantage.
    And that is nothing new, and that isn’t where my issue comes from.

    I expect sits like this to exist. What I didn’t expect is how openly you were to help the unethical. You basically guided them how to profit of you.
    Absolutely that is your prerogative, I’m just simply and seriously amazed by it.

    You have gone out of your way to point these sites out and call them scammers at wiibrew.org and them help them legally justify their means.

    I only have one question, was you initial out cry to these sites based on unethical grounds? or legal concerns?

  • 98 EmperorOfCanada // Dec 8, 2008 at 11:42 am

    I have to agree with marcan on this. I believe marcan (and probably most everyone else) was expecting to get either no communication from this fellow, or just be told to F off.

    Instead he actually listened to the criticism and made changes.

    I *do* think there are more changes left to be made. I think it would be wise to remove any mention of “Wont brick your wii!” from your site, as lets face it it probably wont brick your wii, but it *could* and until you fix that even if you are legal, it is still definitely slimy.

    For the most part though, in theory I have no problem with what this guy is trying to do.

    Lets move on.

  • 99 The MAZZTer // Dec 8, 2008 at 12:16 pm

    I agree with marcan. I don’t buy game guides from GameStop anymore (even though they have pretty pictures) when I can find plenty at GameFAQs.

  • 100 Dood77 // Dec 8, 2008 at 12:53 pm

    Seriously everyone, it may be “immoral” but you saying so isn’t gonna do anything. There are plenty of other issues to debate, and I’d like to know how many of you who posted a huge rant about this issue (after it was fixed) have visited and used torrent sites to pirate movies, software, etc. Don’t bother answering whether you have or not, because it’s pointless on the internet anyway. My point is, there are other websites where you give money and you receive pirated material, they’ve existed for a long time, the immorality has been pointed out countless times, but it doesn’t make any difference. I wouldn’t be surprised if Nintendo already knows about this site or others like it, and whether they do anything about it is their own choice. They’re a big company, they can take care of themselves. All I know is, there are still an endless amount of emulation and “illegal activites” sites, and there always will be. I’m not interested in starting a debate, just, cool it.

    And for those of you who are upset because your work was stolen, I recommend corresponding directly to the people who are involved. Also I like someone else’s idea of putting a .txt file in with the archives of everyone’s software, (or better yet a splash screen) saying if you paid for this software then to email suchandsuch@website.com.

    By the way, I found a link to a site that apparently reviews sites that sell subscriptions to “Wii downloads” (ISOs, homebrew, etc.) on a facebook ad, I already emailed it to marcan.

  • 101 Sheldon1 // Dec 8, 2008 at 3:23 pm

    Hello Marcan, and everyone else. Please update me as to what else i can change on my site. Based on the number of attempted hacks directed towards me (i must admit, the one that made my windows jump about then told me to “ah don`t stop now, i`m just beginning” when i tried to close it, was quite funny) i assume that i`m still upsetting people. Please let me know what more i can do and i`ll do my best to sort it out. I don`t want anymore trouble and and more than obliging. Thanks, Owner Homebrewinstaller

  • 102 marcan // Dec 8, 2008 at 3:25 pm

    How is selling a guide unethical? There are plenty of books about Linux out there too. Are those unethical because you can find the same documentation on-line?

    My main concern (why this was a huge deal) is that the _software_ was being sold, against our copyright. I couldn’t care less about someone selling a guide to use my software. Is it unnecessary? Probably – you can get the same information on-line. But hey, if it gets more people to use the stuff and we don’t even have to provide tech support, what’s wrong with that? Anyone is free to create content and put it up for sale, even if equivalent content is available for free.

    I think many people got here due to the original problem, but didn’t understand quite the nature of it. Someone was profiting _directly_ out of homebrew: selling the _software_. That’s no longer the case.

    EmperorOfCanada pretty much nailed what I think. I thought this was going to be a nightmare and we were going to get laughed at. Instead, HomebreWare listened and the problem is gone. Let’s worry about the other sites that _are_ still selling homebrew.

    Sure, there are some things that need to be fixed, but they’re of much lower importance. The “won’t brick your wii” clause is obviously incorrect, but that’s a problem between HomebreWare and his customers. We’ve told him about it, and that’s all we need to do. It’s in his best interest to fix it. Otherwise, someone could end up with a bricked Wii and might end up suing HomebreWare for false advertising (and possibly other claims).

    I also think Windows is a huge rip-off and entirely redundant, and free alternatives exist. And yet millions of people keep buying it. Their loss, not mine.

    The scam was selling _verbatim copies_ of freely available content (applications and information). Now they’re selling an _alternative_ documentation package to what is already on-line. It’s no longer a scam – they’re selling something original.

  • 103 marcan // Dec 8, 2008 at 4:33 pm

    @Sheldon1:

    My e-mail address is marcan@marcansoft.com (I sent you an e-mail). The latest news that I have about your product is that most of the issues brought against the original version of HomebreWare apply to your product too.

    Your homepage also contains false statements such as “Usually to play Homebrew games on your Nintendo WII, you would be required to perform rather risky and complicated hardware & software modifications. Not with the Homebrewinstaller guide.” Your guide isn’t going to be any less risky than existing homebrew installation methods, and existing methods don’t require hardware either.

    You also mention “associated software” and a “bundle”, so presumably you’re still illegally distributing homebrew.

    “Contains software developed by Team Twiizers, View the GNU license HERE” further implies that you’re distributing our software, which by the way isn’t under any GNU license.

    Your guide (or at least one version that I have) is also a rip off of Wiibrew, much like the old HomebreWare guide. In fact, I think you ripped it off from HomebreWare itself.

    In other words, I have no news that you’ve done anything to resolve this issue. If you have, tell me about it.

  • 104 sketter // Dec 8, 2008 at 5:14 pm

    However it can be debatable, “Windows for Dummies” and “How to work with HBC” are in different. The two are very different and i can name key points.

    I won’t go into it, cause that’s for a different place.
    Since your concern was about the legal terms and made that very clear now, then I totally see your side from that point.

    I have token a look at HomebreWare.com perhaps it is still under work, (should be shutdown until it passes legal means) i can access 5 pages without paymen.
    NONE that says anything that he isn’t selling the programs.

    Now I don’t know what it is like after you pay, but before hand, that site is still misleading, unless i’m not looking at the right spot.

  • 105 marcan // Dec 8, 2008 at 5:45 pm

    I know the site is still misleading, and I’m bugging him about that, but after he fixed the post-payment page I’m willing to assume good faith and that he’ll complete the job soon. Besides, at this point it’s false advertising, so again it’s in his best interest to fix it ASAP ;)

  • 106 me.yahoo.com/a/6upcEVE5m // Dec 8, 2008 at 7:11 pm

    Kobayashi
    The kit was really simple to follow, it took me minimal effort to get it running. I had a few questions about this system and the technical support was very professional and answered them within 30 minutes.

    Kyoto, Japan
    LOL the hot dog eating champ

  • 107 kevind23 // Dec 8, 2008 at 7:20 pm

    I think the unethical part is not that they’re selling guides, but that they’re not making it clear enough that they are in fact selling mere guides. Not only do the names “HomebreWare” and “HomebrewInstaller” imply software, but their pages (yes, I know, they need to be updated) are very misleading. Furthermore, they make no clear effort to inform unsuspecting consumers that pirating ROMs and ISOs is in fact illegal.

    I suppose I can’t really say anything about HomebreWare since the site is currently in shambles, but I do hope that it’s fixed soon because it certainly is misleading to the point of false advertisement. HomebrewInstaller, which appears to be a direct rip of HomebreWare, is in a similar position, augmented by legal issues that marcan has already mentioned.

    All of these sites seem to be very assertive about not voiding the warranty of the console, yet no one but Nintendo can make claims regarding this. They also seem to think that it will magically work with all future updates, which, while hopefully true, might not be so. Finally, they’ve made totally false claims about being brick-proof: “If you think you ‘bricked’ your console, you didn’t.” Quite the assertion there, especially given that their magical solution is impossible without some sort of modification.

    HomebreWare, WiiUnlocker and HomebrewInstaller (among others, I’m sure) have a lot of work to do in my eyes. They especially need to stop with the false advertising.

    Although I’d rather read free manpages than buying a book on Linux, I certainly don’t see any fault in selling guides. But if a book promised to make my computer crash-proof and hack-proof, then I would be quite… disappointed, shall I say, if they just tossed around those words to make a quick sale.

  • 108 Kratosreven1 // Dec 8, 2008 at 7:27 pm

    Sorry if i missed something or anything like that but was homebreware banned? because theres 2 different users with that name it seems… the one thats h0mebreware and the ones that homebreware.

  • 109 hanswannop // Dec 9, 2008 at 12:13 am

    I understand that the homebreWare site is being updated but at the very least his FAQ page should be taken down immediately as it still directly implies that he is selling *software*.

    Whoppers like
    “Can I uninstall HomebreWare?”
    “Can I access the Wii Channel while I have HomebreWare installed on my console?”
    “Can this application brick my console?”
    clearly state that what is being purchased is an application. He is still breaking the law and negatively affecting the (more ingnorant in) the wii homebrew community. As it stands, I still find what he is doing discusting.
    Commercial guides are fine (if pointless for this topic) but false advertising is not.

    Also soully’s comment was disregarded but is valid. By making a video tutorial homebreWare is stealing his graphics. As far as I know, (not a lawyer) writers of guidebooks must first ask permission before using sceenshots etc.

    Guess theres bigger fish to fry now but I dont think that we really should be expected to give this guy a break.

  • 110 Sunrise // Dec 9, 2008 at 4:41 am

    I do find it somehow ironic that the majority of people commenting and acting on the “right side” of copyright are the same individuals acting on the “other side” when bushing was “in talks” with Nintendo about possibly booting backups.
    Think on people, act with dignity. Marcan has got it right, give a guy credit for at least trying to change.

  • 111 Sheldon1 // Dec 9, 2008 at 5:41 am

    Hello (owner of Homebrewinstaller here)

    I have directed all links to the Twilight hack and Homebrew Channel to their original source. The errors mentioned above by Marcus have been corrected, along with the referral to Team Tweezers and the GNU license at the bottom of the page. I fully re-wrote the guide to make it even more original. My disclaimer has also been updated. Hope this helps.

    Regards.

  • 112 Red_Breast // Dec 9, 2008 at 6:11 am

    These guides could also make the Hackmii site a little confusing for some.
    At the moment under the ads for Google is “Unlock Wii”. Click that and up pops a Google list of links. One of which is Unlock Wii.
    I guess like most sites you need to use ads. But you can see what I’m getting at yes/no?

  • 113 Rocketomy // Dec 9, 2008 at 6:48 pm

    Oh well. This all sucks a lot but let’s look at the bright side, new people are being introduced to homebrew software and our community is growing, that has to be good to at least a certain extent.

    Commercialism do does bring around new business opportunities now, does it? Whatever the reason, we still can’t ignore the growing user base and, while still not justifiable, these websites are bringing new Wii users to the light of homebrew, which is ultimately the most important thing in our eyes.

    Though, I do admit, that I feel sorry for them and that they shouldn’t have been reeled in that way. But I guess in this case, if just for a second, the end might justify the means.

    You guys just think about that…

  • 114 ShadowKalmah // Dec 15, 2008 at 6:47 pm

    There are more sites sites now. There are about 50 of them.

  • 115 komicturtle // Aug 23, 2009 at 10:54 pm

    Though this article is kinda outdated, seems like their website is still up.. Has anyone done anything about it? Cause I’d be willing to point these people out through emailing Nintendo, and they can investigate it (They’ve done that to other parties along with Sony, Capcom, Microsoft, etc. anyways).

  • 116 komicturtle // Aug 23, 2009 at 11:28 pm

    Well, we can wait till the Bad Karma rolls in. It’s just biding it’s time, and it’ll hit when least expected ^_^

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