Nintendo updated its user agreement and privacy policy ahead of the Switch 2 launch next month, and while the company briefly listed a few of the changes in the email it sent out, one of the big changes might have escaped your notice. A new clause related specifically to “unauthorized use” and other keywords like “bypass” and “modify” in the US version of the email gives Nintendo the right to make your console “unusable” if it discovers that you’ve broken any of these rules.
As spotted by Game File’s Stephen Totilo, the wording for the Licence for Digital Products section has been amended. “You acknowledge that 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,” the text reads. Here it is, in full:
Without limitation, you agree that you may not (a) publish, copy, modify, reverse engineer, lease, rent, decompile, disassemble, distribute, offer for sale, or create derivative works of any portion of the Nintendo Account Services; (b) bypass, modify, decrypt, defeat, tamper with, or otherwise circumvent any of the functions or protections of the Nintendo Account Services, 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; (c) obtain, install or use any unauthorized copies of Nintendo Account Services; or (d) exploit the Nintendo Account Services in any manner other than to use them in accordance with the applicable documentation and intended use, in each case, without Nintendo’s written consent or express authorization, or unless otherwise expressly permitted by applicable law. You acknowledge that 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.
In comparison (via Eurogamer), the clause is different for people with a UK Nintendo account, as it specifically states that “unauthorised use of a Digital Product may result in the Digital Product becoming unusable.”
This is likely a new measure by Nintendo to combat piracy and emulation of its games, and while it hasn’t explained what it means exactly with its use of the word “unusable” here, it probably won’t be good news for anyone caught pirating software or running an emulator.
Nintendo is known for being very litigious when it comes to protecting its IP, as it recently launched a high-profile case against the makers of Palworld over similarities to the Pokemon franchise and gaming accessory maker Genki has also had a lawsuit filed against it for what Nintendo calls “trademark infringement, unfair competition, and false advertising.”
Last year, Nintendo took action against YouTube channels that showed off its games running on emulators and it even managed to locate and identify an alleged Switch pirate.
