Nintendo Banning Switch 2 Consoles using Mig Switch

PSA:
MiG sent out this email the other day.

"Get ready update is now live! Mig Flash Works on Switch 2

Update Available to Users no new device required!

Free Shipping to all of the USA!"

Making back ups of your game is fine. The issue is when you use 3rd party hardware to circumvent protections to USE your back up image.
 
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ReyBrujo said:
There was a cool thread yesterday at reddit. Basically it's legal to dump your games but if Nintendo discovers that you have done so they can claim breach of TOS and ban your console, account and game as deemed necessary. One thing is the legal side of it and another is the private side of it.



Give him at least some credit.
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I get it for going online, this makes sense. Online would be fucked for legit users if there weren't repercussions. Even if you have a legit key to a cart you own, who is to say rom hacks or some exploit couldn't be used for online gaming. Sadly, there isn't an all in one answer that provides an answer to every scenario. So with Nintendo going the cautious approach makes sense. Even if there are legit reasons, like the poster above stated about trips and losing carts. It makes sense one lost case could result in $1000 of lost games. But the flip side is why digital has its benefits. Would be cool if you could game share a physical cart for two weeks to yourself to digital with game share, but I doubt Nintendo would be willing to go that far.
 
Kagoshima_Luke said:
Meanwhile, let's check out what's happening on Steam Deck:

4b67f8ccf9659ab0d8235c11f5b22fe4.gif
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The true 😂 10/10
 
ReyBrujo said:
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He did a good job of giving his Wi-Fi password to the world.

I wish he would have tried out a Game Key Card which make up the vast majority of physical games (assuming this will fail). It does look like they are just banning the device rather than an account which is somewhat a positive, but I'd like to see him use his account on another Switch 2.
 
Tries device primarily used to run pirated games
gets banned
Surprised_Pikachu.jpg


Did they expect Nintendo would send someone over to confirm all the roms are "legal" every time they detect one of these flashcards?
 
Even outside of the piracy aspect that the vast majority of flashcards are used for, I just don't know in what world someone would think it's safe to use this stuff when the device is connected online. Like God damn at least attempt to cover your own ass a little bit here.
 
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tkscz said:
Even knowing the guy dumped his games on the MiG legally, there are many more than him who just pirate them.
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There is no such thing as "legally dumping your own games".
Sorry to rain on everyone's parade.

"Dumping" a Nintendo cartridge invariably requires circumventing the copy protections Nintendo placed into the software or onto the cartridge. Under the DMCA (17 USC 1201 (1)(A), specifically), it is illegal to circumvent any technological copy protection. There is no exclusion for "user backups". Not in the law, nor in any applicable case law, nor in the Librarian of Congress' required recommendation under the law. This isn't the same as making a backup of, say, an audio CD which has no built in copy protection on the medium (not for lack of trying back in the day [looking at you, Sony rootkit]).

Before anyone pops in here with "I'm not in the US so it doesn't apply", know that most of the world have reciprocal agreements to respect and enforce each other's copyright laws.

Dumping the data itself is illegal, putting it on a non-sanctioned piece of hardware, doubly so.
 
Nydius said:
There is no such thing as "legally dumping your own games".
Sorry to rain on everyone's parade.

"Dumping" a Nintendo cartridge invariably requires circumventing the copy protections Nintendo placed into the software or onto the cartridge. Under the DMCA (17 USC 1201 (1)(A), specifically), it is illegal to circumvent any technological copy protection. There is no exclusion for "user backups". Not in the law, nor in any applicable case law, nor in the Librarian of Congress' required recommendation under the law. This isn't the same as making a backup of, say, an audio CD which has no built in copy protection on the medium (not for lack of trying back in the day [looking at you, Sony rootkit]).

Before anyone pops in here with "I'm not in the US so it doesn't apply", know that most of the world have reciprocal agreements to respect and enforce each other's copyright laws.

Dumping the data itself is illegal, putting it on a non-sanctioned piece of hardware, doubly so.
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No, it's not. That is why emulators are still here. The DMCA can keep sucking dicks.
 
Fuck pirates. Why do you think you are entitled to free games? Maybe we all should get everything for free? Nobody pay for anything going forward.
 
With this drought of games Nintendo should be thrilled someone is taking interest in S2

Besides why even mourn online when its ass and not free
 
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Kilau said:
GtlvpjzW4AA_mB-.jpg

These were dumped legit, which apparently is an important distinction because games dumped on the internet get flagged by Nintendo, so it was the MIG cart itself not the dump.
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I've got a suggestion that could have prevented all this. Quit being lazy and just swap the game cartridges like you're supposed to instead of using an all in one pirate cart or heaven forbid… digital.

What does he have such a low attention span that he can't play one game for long periods of time and he needs to change it to something else after a few minutes of play?

Pro tip buy a Switch carrying case that lets you hold some game cartridges so you don't have to keep the games you want to play in their original cases.
 
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I like emulation and I have used flashcarts on like the 3DS.

IMO people should be free to use them, they shouldn't be illegal or anything. However, Nintendo should be under no obligation to make it easy for you.

I am against them bricking the console for using it (and from what I can tell that's not happening). I'm ok with them banning people from online.

Nintendo doesn't owe you their online service if you're going to break the terms of that service. And I think a prohibition against using unauthorized copies is a fair condition of those terms.

Really even the "I'm making backups of my games so my physical copies don't wear out" doesn't hold water because even read only flash memory corrupts if you leave it without power for so long. So a game permanently on a shelf will eventually not work.
 
There's talk that those banned are people who tried the MIG before the firmware update and after the firmware update they did to read the games, as if the Switch is able to detect the firmware change within it somehow. Personally I find it not that credible but they are looking for heroes that have waited for the MIG updated before trying.
 
Guilty_AI said:
Remember folks, you don't own your consoles anymore
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Corpos, politicians and billionaires are working their hardest to make sure you don't own SHIT anymore.

Late Stage Capitalism = lifetime of renting. Rent your home, rent your car, rent your entertainment, rent as much stuff as possible. When renting isn't possible, add subscription.
 
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Nintendo in general has always been anti consumer. Look at Japan where they used the legal system to quash the video game rental market in the 1980's. They tried to do it in the USA, but were denied. It was a talking point for a while back then. In the current era, the debate is do people really own the hardware and software they buy? The all companies say no, but there still exists a rebel element to it that fights the systems of control. When I buy a console I want to have the choice to modify the hardware as I see fit, if I so choose. Not necessarily to get free games, but to play out of region software without having to add additional hardware taking up space on the shelf. Many games just don't get ported from Japan to the U.S. and there are some real gems released every generation that are considered either too weird or taboo to sell to normies, so they get locked away. I see it as being a video game connoisseur, a true hobbyist. I don't want some suit to limit my access to culture. The Switch was awesome because it didn't have region locks. Make a Japan EShop account and you were set. Library upgrade! The Switch 2 is regionally locked down. Taking away the freedom of choice is never a good thing. The younger generations have mostly laid down to accept this kind of control which I think is pretty sad, actually. Things like the MIG Switch are 100% piracy and free software based, so this isn't really about that. What I'm on about really is that I own the hardware I buy, no compromises. I've basically gone full PC and have really cut back on console games in this era because at least on that side, it's still got freedom, whereas the overpriced toy consoles trap users into gated ecosystems that have zero benefits for the consumer. When a company gates their system to limit my choices for their profit, I'm out. When Nintendo starts bricking consoles, I just have to sit back and laugh about the sheer absurdity of going to such an extreme to basically scare consumers away from their hardware. It's just a bad practice and a terrible look. They make enough money without that bullshit and we all know it, yet fools go to bat for these bad practices like they are winning something. Newsflash slaves, the chains you bought are still chains at the end of the day.

The second thing about it, is how expensive software has become versus the quality it has. $70-80 is far too much for roughly a game that offers around 20 hours of content, if that. The gameplay loops have become so tired and done over again and again. Innovation is sidelined for the same old IP over and over. That's not value, it's mediocrity for diminishing profit. It's this practice that drives all of the piracy. If games were more innovative, piracy wouldn't be much of an issue. How much innovation is in something like Mario Kart World? Not a whole lot, in my opinion. I'd say that it's a huge step back from Mario Kart 8 released almost a decade ago. Another thing is what kept Nintendo from launching with 2-3 games aside from MKW? My take is that they were more concerned about the 'gates' than the fun games, hell they issued a press release on the 'gates'! 😂 That shows me that their priorities are misguided at best this generation, but hey if they want to advertise it and waste time and resources on un-fun less money for them. Let's see if those hardware sales keep going. I doubt it. I think advertising it invites disaster,
 
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Fake said:
This can't be real.
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Windle Poons said:
Perfectly legal dumps...

Where did that get you fella?
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It's perfectly legal to backup your software. The reason why the MIG Switch is still for sale is because you can backup your owned games, it's not aimed towards piracy like the R4 DS. Yes some use it for piracy and they will get banned. But those using their own backups have not been banned when using it on the Switch 1. There are 2 unique key files for every cartridge. If people download the key files like in a torrent, and Nintendo sees that key file on 2 Switch consoles at the same time, then that results in a ban.

Copyright and Digital Files (FAQ) | U.S. Copyright Office

Frequently asked questions and answers about copyright and digital files
www.copyright.gov www.copyright.gov
 
AREYOUOKAY? said:
I've got a suggestion that could have prevented all this. Quit being lazy and just swap the game cartridges like you're supposed to instead of using an all in one pirate cart or heaven forbid… digital.

What does he have such a low attention span that he can't play one game for long periods of time and he needs to change it to something else after a few minutes of play?

Pro tip buy a Switch carrying case that lets you hold some game cartridges so you don't have to keep the games you want to play in their original cases.
Click to expand...

Yeah, the only legitimate use case would be for extreme laziness.
 
//DEVIL// said:
At least have the brain to read couple of tweets down . It's not that hard I swear

He posted pic of his twitter name on along with list of games he owned and they are all open / not sealed .
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Them being open does not mean shit. It's still entirely possible that he bought the games but still got the games on his mig switch from the internet. Has he ever shown what device he used to dump the cartridges? A lot of people rip them from a hacked Switch which you know looks great for his argument.
 
Topher said:
This is in the terms. We had a thread about it.

cyberheater

Thread 'Nintendo reserves the right to brick your console following "unauthorised use", in bid to prevent piracy (Sony Too)'

Sounds a bit extreme. Why would anyone agree to this?

www.eurogamer.net

Nintendo reserves the right to brick your console following "unauthorised use", in bid to prevent piracy

Nintendo has updated its Nintendo Account Agreement with a severe warning against "unauthorised use", in a bid to prevent emulation and piracy.
www.eurogamer.net www.eurogamer.net

UK wording is this
The agreement for UK accounts now states digital products are "licensed only for personal and non-commercial use", and that any "unauthorised use of a Digital Product may result in the Digital Product becoming unusable".

US wording
"You acknowledge that if you fail to comply with the foregoing restrictions Nintendo may render the Nintendo Account Services and/or the applicable...
  • LOL
  • Triggered
  • Like
  • Fire
  • Surprised
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I totally read it all and called my lawyer before clicking I agree
 
hououinkyouma00 said:
Them being open does not mean shit. It's still entirely possible that he bought the games but still got the games on his mig switch from the internet. Has he ever shown what device he used to dump the cartridges? A lot of people rip them from a hacked Switch which you know looks great for his argument.
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and there is a possibility that he ran to his friend's home, who is a collector ( even though I wouldn't call this a collection really ), and begged him for a pic before he gets stomped on online. We get that part. But for the most part, he does actually seem honest about that part

But this, along with other reports on Reddit. It does seem legit.


Just for a note though, I think this device is illegal and Nintendo has the right to ban the fk out of you if you use it. Even if you are actually dumping your own games.

Because what stops you from selling these games to someone else while you still have the dumped version on your Switch? That's theft and they deserve getting banned ( assuming this is what this cartridge does, I haven't followed the hacking community for the Switch for years )

bender said:
While that's true, he's still French.
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I am Canadian, you are walking on a thin ice here bud lol
 
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El Muerto said:
It's perfectly legal to backup your software. The reason why the MIG Switch is still for sale is because you can backup your owned games, it's not aimed towards piracy like the R4 DS. Yes some use it for piracy and they will get banned. But those using their own backups have not been banned when using it on the Switch 1. There are 2 unique key files for every cartridge. If people download the key files like in a torrent, and Nintendo sees that key file on 2 Switch consoles at the same time, then that results in a ban.

Copyright and Digital Files (FAQ) | U.S. Copyright Office

Frequently asked questions and answers about copyright and digital files
www.copyright.gov www.copyright.gov
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As mentioned in this thread, if you are breaking copy protection, you are violating the DMCA, unequivocally.

Google's robot AI summarizes it as such:

Here's a breakdown:
  • Copyright Act Section 117: This section of the US Copyright Act allows the owner of a computer program to make a backup copy for archival purposes only. This means in case the original gets damaged or lost. However, this right only extends to computer programs and not necessarily to other copyrighted material like music or movies on a hard drive.
  • DMCA and Anti-Circumvention Provisions: The DMCA, specifically section 1201, prohibits circumventing technological measures that control access to copyrighted works. This is where things can get murky for video games. Many modern games are encrypted with copy protection, and circumvention of this encryption, even for backup purposes, can be seen as violating the DMCA.
  • Archival vs. Playing: The primary purpose of Section 117 is for archival purposes. The wording of the law suggests this backup is for safekeeping, not necessarily for actively playing the game if the original is available. This is a gray area, and using a backup to play the game may violate the DMCA if it involves circumvention of copy protection.
Click to expand...

So it seems like using your backup to play via a pirate cart is still illegal even if backing it up has a carve-out for archival purposes, which it's not totally clear it does.
 
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