You always have with Nintendo products. They have always had very aggressive licensing practices. In the early days they were more flexing them on developers, but it does not surprise me that in the wake of everyone telling them that modding and emulators can be explicitly legal that they would turn that particularly litigious aspect of their family friendly brand on the customers.
Always has been unless you count modding to remove this kind of shitty DRM.
Nintendo was the company to popularize DRM in home consoles with the US release of the NES. The Famicom had no DRM even though it was identical hardware otherwise (well, that, the RF modulator, and the PCB layout).
I don't seem how threatening to brick a device is intended to help you sell more of them. Like I was seriously considering buying a Switch 2 even recently, but this is really the nail in the coffin. Why should I pay money for something that could stop working on their whims? Because it's not like these measures have been 100% accurate in the past.
Because it's not like these measures have been 100% accurate in the past.
This is the part that really frustrates me. Don't get me wrong, I'm not a fan of the wording here. Account ban? Sure, against TOS, etc. But affecting the device is a whole other story. Especially when prior account bans have come under dubious circumstances.
Yeah, definitely gonna stop those pirates who soft/hardmod their systems and never connect to the Internet/run updates in order to dump their games or play pirated copies or whatever they wanna do! That'll stop them!
/s
Edit:
This seems to be more about their online account services and their updated privacy policy than anything else, but I still think my point stands, just not for this article.
The Switch 1 was able to run homebrew due to a hardware exploit in the CPU which allowed injection of arbitrary code. The interesting thing about that vulnerability being that since it was a hardware vulnerability, it couldn't be patched out even after it was discovered.
Following that incident, I'm sure Nintendo has been working especially hard to ensure there are no similar vulnerabilities existing on the Switch 2.
That said, console hackers are an amazingly creative and talented bunch, so I wouldn't be surprised by anything.
At this point I'm surprised Nintendo still allows people to play their games at their own homes, and not exclusively in official Nintendo-branded Play Rooms that only exist in like 6 places outside Tokyo and costs $20/hr to rent.
So a few years ago I wanted to play a Japanese version of a rhythm game that isn't available to purchase in the USA and decided to try my hand at modding my switch for this one game.
After(poorly) doing it, I wasn't able to play that game AND Nintendo bricked me. All my games on my switch that I purchased were unable to download or play anymore.
So I went and set out to mod my switch correctly.
Now if I actually wanted to give Nintendo money, they won't allow me to. So my only option from then on is to pirate.
They basically turned a potentially paying customer to a non paying customer.
So, this is a basic security principle. If the system of access is too "secure" or too inconvenient, people will create workarounds.
Need keys for all the doors every second of every day? You'll find duct tape on all the latches.
Password is 15 characters and changes every 60 days? You're going to find post-its under keyboards.
Spread all digital content across 8 streaming providers that cost about $180/y? Torrent time.
Nintendo wants to brick users for trying to play an out of region game they paid for? They'll never pay again and will reverse engineering your shit out of spite.
Same thing we saw with the music industry utterly failing to embrace internet distribution. Limewire and bearshare are their fucking lunch.
When will they learn to just make access easy? People, generally, would rather pay than pirate but when you start making shit difficult, nobody wants to play your games anymore and you see massive losses.
You cannot have your bank account stolen from a Rock. People will never get your personal files or medical info from a Rock. People will never spy on you through the Rock.
I didn't know you could do that. I'm in Taiwan and I know Steam doesn't let you make a purchase without a local credit card. So I imagine that's the case for Japan.
At this point I want Switch 2 to flop so hard they go the way of the Sega and start licensing their IPs on other platforms, giving up on consoles. A shame, too, since their tech is little kid hand friendly and the PC market doesn't seem keen on tiny screen handhelds.
They can "reserve the right" all they want, that's illegal where I live, and they sell their devices officially here. I'd love to see them trying to hold this stance in court - even Apple lost here over a similar issue, so go right ahead and try.
Oh, you thought you owned that thing you bought? No. This is 2025. You own nothing. It doesn’t matter how much money you gave them. Yeah, gave them. Because you didn’t buy that stuff. You’re just borrowing it.
Sony tried that in Brazil, but it didn't go as planned. The court ordered them to unbrick it, but they had to provide a new console because they couldn't unbrick it. And they paid damages.
I've been pretty consistently buying Nintendo consoles, but I'm not buying this one. Not just because of this, but I challenge these assholes to brick the device I end up playing their games on.
I'd like to say their legalese is written in a way that covers more ground in the US, the most litigious country in the world. I would imagine if this was taken to court, their lawyers would argue that "permanently unusable in whole or in part" includes a console serial ban from NSO, or argue that it's the user's fault for bricking the console when they attempted to mod it, and Nintendo is therefore not liable or obligated to fix it.
But between the UK-ToS and US-ToS, Nintendo just straight up tells Americans that they themselves are going to break your damn console if you do a thing they don't like. That is absolutely dystopian.
Wait, it doesn't appear to be the same within the EU.
Both the French and German EULA seems to say that if you alter a digital product, the digital product might be rendered unusable. Although my French and German is bad, so someone please double check.
Nintendo emailed me today saying something like they changed their EULA and if I didn’t do anything then it counts as accepting the new EULA unless I close my account. Haven’t had a switch in years, didn’t even like it and gave it away. Anyway I closed my Nintendo account immediately.