Nintendo Can Render Your Switch 2 'Permanently Unusable' If You Break Their Rules (betanews.com)
- Reference: 0177437095
- News link: https://games.slashdot.org/story/25/05/11/0351246/nintendo-can-render-your-switch-2-permanently-unusable-if-you-break-their-rules
- Source link: https://betanews.com/2025/05/09/nintendo-switch-2-console-kill-switch/
> The new Nintendo Switch 2 is [2]almost here . Next month, eager fans will finally be able to get their hands on the highly anticipated follow-up to the wildly popular hybrid console. But before you line up (or frantically refresh your browser for a preorder), you might want to read the fine print, because [3]Nintendo might be able to kill your console .
>
> Yes, really. That's not just speculation, folks. According to its [4]newly updated user agreement , Nintendo has granted itself the right to make your Switch 2 "permanently unusable" if you break certain rules. Yes, the company might literally brick your device. Buried in the legalese is a clause that says if you try to bypass system protections, modify software, or mess with the console in a way that's not approved, Nintendo can take action. And that action could include completely disabling your system.
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> The exact wording makes it crystal clear: Nintendo may "render the Nintendo Account Services and/or the applicable Nintendo device permanently unusable in whole or in part...." [T]o be fair, this is probably targeted at people who reverse engineer the system or install unauthorized software — think piracy, modding, cheating, and the like. But the broad and vague nature of the language leaves a lot of room for interpretation. Who decides what qualifies as "unauthorized use"? Nintendo does.
[5]Nintendo's verbiage says users must agree "without limitation" not to...
Publish, copy, modify, reverse engineer, lease, rent, decompile, disassemble, distribute, offer for sale, or create derivative works
Obtain, install or use any unauthorized copies of Nintendo Account Services
Exploit the Nintendo Account Services in any manner other than to use them in accordance with the applicable documentation and intended use [unless "otherwise expressly permitted by applicable law."]
Bypass, modify, decrypt, defeat, tamper with, or otherwise circumvent any of the functions or protections... including through the use of any hardware or software that would cause the Nintendo Account Services to operate other than in accordance with its documentation and intended use
"...if you fail to comply with the foregoing restrictions Nintendo may render the Nintendo Account Services and/or the applicable Nintendo device permanently unusable in whole or in part."
[1] https://www.slashdot.org/~BrianFagioli
[2] https://games.slashdot.org/story/25/04/02/148251/nintendo-switch-2-arrives-on-june-5-priced-at-450
[3] https://betanews.com/2025/05/09/nintendo-switch-2-console-kill-switch/
[4] https://accounts.nintendo.com/term/eula/US?lang=en-US
[5] https://accounts.nintendo.com/term/eula/US?lang=en-US
make sure to give them more money though (Score:2, Insightful)
Nintendo has been user hostile all along.
Prohibiting reverse engineering under any circumstances is illegal as it conflicts with the DMCA.
If you give them money, you're an asshole. If you can't stand up to your kids demanding you do so you're also a weakling.
Re: (Score:2)
Yep. I recently looked into buying a Switch and then decided that me giving money to Nintendo is not going to happen.
They have altered the deal. (Score:2)
Pray they don't alter it any further. Seriously though, this is pretty fucked up. Can somebody point to any other instance of a consumer level device that can be "rendered unusable" at a whim like this?
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> Pray they don't alter it any further. Seriously though, this is pretty fucked up. Can somebody point to any other instance of a consumer level device that can be "rendered unusable" at a whim like this?
Windows updates.
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Teslas
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You do realize there are many car models on the road today that can be bricked by their manufacturers (or hackers thereof), right?
Probably a criminal act in the EU (Score:3)
The first thing is that they have no right and would have to replace the value, probably including the value of all the games you have. But the second is that this very likely could count as "sabotage of an IT system" and that comes with potential prison times. No, you cannot cover something like that via a click-through liense (or any kind of contract with a private individual, really) in the EU, because that is an one-sided advantage and these happen to be illegal and invalid in contracts with private individuals. Incidentally, the spying needed to enforce something like this is very likely a violation of the GDPR and hence illegal as well. And there individuals cannot sign their rights away either in the EU.
Hence I expect that will be done in the "fuck the consumer" countries (most notably the US) only.
Re: Probably a criminal act in the EU (Score:2)
I am not a lawyer, but it sure seems like this would likely run afoul of many US state laws as well.
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This section can only be found in the US TOS. They don’t assert this right in the EU version.
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Here's a question I was thinking though, is it criminal in the EU to have it in the TOS and/or say you'll do it and there's nothing technically illegal until they actually brick someone's device?
I'd say it's a line of freedom of speech but also it's a type of contract so it would also be illegal to have users sign a thing that says "we can do crime to you" like the iPad South Park episode (at least without a more formal agreement).
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My SALES receipt says otherwise.
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Like my post says... This needs to be made illegal ;-)
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Or your eyes. [1]https://spectrum.ieee.org/bion... [ieee.org]
[1] https://spectrum.ieee.org/bionic-eye-obsolete
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john deer will find a way
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I work in cybersecurity and I can assure you this is already possible for many devices, particularly and alarmingly many of the online hospital equipment you will see in any hospital. Anything with a microprocessor that can be remote upgraded is susceptible.
A toy is the least of your worries.
missing phrase (Score:5, Insightful)
They list any number of "grounds" to brick your device forever but the left out the key phrase "OR if we think you might have".
You don't actually have to do any of those things, you just have to be the innocent victim of a DRM malfunction of someone's typo.
Just get a Steamdeck instead (Score:1)
Same form factor, runs on Linux, you do whatever you want with the hardware, including installing a different OS if you want.
Plus it's got way more games (comes with Steam pre installed).
Even though some Steam games don't run on Linux yet, the ones that do are plenty.
guess we're never buying that then (Score:1)
legalising corporate crime is a pretty fucking stupid policy and we shouldn't be allowing it
Re: (Score:2)
And yet we not only elected a president who is a convicted felon, his party which calls itself the responsible adults in the room lets him do pretty much whatever he wants.
So how are you going to avoid buying that?
Behold the flaming Switch! (Score:2)
So I got my new Nintendo Switch today and was hyped upon opening the box. There it was in all its NVIDIA-ized glory. As I turned it on, I was forced to agree to a utter turd of a EULA brought to effect by the DMCA, which itself was supported by the MPAA and RIAA. Oh to hell with it. This isn't even worth typing anymore in this dystopia. Besides, [1]it's been said better before. [youtube.com]
[1] https://www.youtube.com/watch?v=gv3GihnduUw
Change in terms (Score:2)
What I hate about this is the "change in terms" I buy a product and have a set of terms of use. Then they change they if/whenever they want to. I have no choice but to accept if I want to continue to use the product. I can see it now, Please accept these new terms to start your car...
Once again, laws required (Score:2)
Cut off service, sure... if there's an ongoing subscription fee. Brick a physical device I BOUGHT, never. Cut off service that was promised when I BOUGHT the device... your company better have gone out of business.
Severance of service should come with a legal requirement to provide an offline option. You kill your server, you should have to give me the ability to run my own server and connect my device to it.
Companies literally should not have a legal option to do this kind of thing to people.
Even the Wii could do that (Score:2)
But nintendo never openly said they can do it. nor did microsoft or sony.
It's a black box that obey an remote server.
Sending an death update for a specific user is quite possible, and you can even do shit like blowing all the e-fuses and programming the firmware to just give a "you screwed up" message when this happens.
In the olympics of... (Score:2)
...the worst tech companies on the planet, Nintendo and Apple are in a close race for gold
Escalation in ToS (Score:4, Insightful)
Unless legislation passed to stop this practice, this will be coming to a connected TVs, cars, appliances, etc. you have. It is not a stretch to assume they would use it to prevent 'unauthorized' repairs or even blocking built-in tracking.
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Are you SURE that device is actually your property and not just yours on an extended lease?
Re:Escalation in ToS (Score:4, Informative)
In this case it is by law pretty much everywhere because you bought a physical item.
The device and the software on the device are not the same thing, and I suspect you could get away with bricking it if in some jurisdictions if you could prove that people had copied your games with it, since just owning a circumvention device is often illegal.
Parts of this license are however clearly illegal (or at least unenforceable) even in the USA because they conflict with legal rights.
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> In this case it is by law pretty much everywhere because you bought a physical item.
> The device and the software on the device are not the same thing,
This, precisely. You might have purchased a physical item and do own it, but you absolutely were not granted ownership of the software running on the physical item. You were granted a license to use it. A license with terms and conditions. A license that can be revoked.
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> I would have returned the item and demanded my money back
You breaking the license is not the problem of whoever sold you the item.
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So when does my extended lease expire ? if it's one month after the sales 'warranty' do I get a new unit to see out the rest of my extended ter, for the lifetime of the lease?
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That may not be enough. This is not "damage" as it is reversible.
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How do you know it is reversible? It could be blowing a software addressable fuse on the SOC that renders it unbootable afterwards.
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A post with a solid fact near the top of a thread that is obviously prone to descend into hysterics.
And it gets down-voted. Welcome to /.
Re:Escalation in ToS (Score:4, Insightful)
Did someone say unauthorised repairs? I think I have heard that one before.
Doe - a deer, a Johny Deere...
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Indeed. Interestingly, the EU basically has this legislation in place. It is a bit indirect (consumers cannot sign away their rights and this may require syping illegal under the GDPR and "computer sabotage" is a crime with potential prison time), and AFAIK it has never been tested because nobody was stupid enough to try it in the EU, but chances are this would make Niontendo liable and result in personal (!) penalties for the decision makers. This could also run afoul of laws prohibiting planned obsolescen
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I agree, US lawmakers need to do more to protect consumer rights and privacy. Specifically, something like that should be on the console box, similar to cancer warning: "Manufacturer reserves the right to remotely disable this appliance".
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> US lawmakers need to do more to protect consumer rights and privacy.
But where's the money in that?
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It's been going on in the EU for years. Microsoft and Sony will both damage your console if you break certain rules, permanently banning it from online services. Not just your account or you personally, the actual console. Given that these days online is often essential to the game, and many game purchases are online only, the console is basically useless and worthless afterwards.
There is no appeal process. And of course they do make mistakes.
I have heard that some people have been able to return their cons
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DMCA already got us 75% of the way to this state. I'd say we're already there. Nobody owns anything if it's connected to the Internet.