Nintendo threatens to brick Switch consoles for hacking, piracy

Updated EULA language includes new threat to "render the... device permanently unusable."

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[Bernardo Verda]

Because, to be completely frank, the people who this is going to effect don't buy their products in the first place. It's always the pirates who whine about how Nintendo treats their "loyal customers". Their actual customers, meanwhile, simply buy, play, and enjoy those games.

That being said, this change combined with the "lol, no class action lawsuits" change are draconian. I'm curious which US law you believe this violates. Because it would be interesting to see what might make Nitntendo walk this back.

You're missing something very important here:

This doesn't affect people who mod or pirate -- this affects anyone that Nintendo suspects of -- in other words, that Nintendo's algorithms identify as -- modding Switches or playing a "pirated" game.

What could possibly go wrong?

 

[Bernardo Verda]

Is this even legal? It sounds a lot like destruction of private property, and you can't always give someone permission to commit a crime against you.

As someone noted up-thread:
"You will own nothing and you will like it. Or else."

You don't own your Switch; you have a license to use it, until Nintendo decides they don't approve of how you're using it -- or even how they suspect you're using it.

 

[Bernardo Verda]

Right now it only affects people who mod or pirate. But...


Furthermore:


(both from Section 13 of the EULA; emphasis is mine)

Thus, "We need more people to buy Switch 3 but everyone is still playing on their original devices!" gives them valid commercial reasons to brick your devices. Its unlikely it would happen, but that EULA may give them legal cover.

Section 14 also has you agree to indemnify Nintendo from any damages caused by the use of Nintendo services, too. So you can't even sue them for breaking your machine.

Good point.
I missed that.

"We reserve the right to break your perfectly good toys, just to make you buy new ones."