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

Ask F Forth . There is a pretty massive difference between having your account suspended and having your console rendered useless to anyone in the entire world.

lol do not trust everything you read.
 
So the future is no physical media, no ownership over digital media and the last remnant of you having something tangible which is the fucking console itself could get obliterated at any moment if the manufacturer so desires?

Future is looking grim to say the least.
 
Shit happens, I don't trust any company so I would feel same if Sony/MS/Apple did this.
Everything can happen on any console, even without this implemented, also tech support can be shit without this too… I don't see any issue with this if you don't have plans on breaking the rules.
 
Or make a new account or still use discs(lol).

They do console bans though for online but the system would still function offline.

Wait...how is any of that going to work with a bricked console?

"and/or the applicable Nintendo device permanently unusable in whole or in part"
 
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Would a EULA waiving your right to trial by jury actually hold up if challenged? Sounds ridiculous that can be a thing. Honestly the bigger story than the possible remote bricking imo.
 
Everything can happen on any console, even without this implemented, also tech support can be shit without this too… I don't see any issue with this if you don't have plans on breaking the rules.


The first ones to break the rules are those who decide that you don't own any rights over the products you pay for. That's stealing. That practice doesn't fit in any democratic country.

As for tech support... yeah, it's so easy to get in touch with them and get your issues solved overnight...
 
Wait...how is any of that going to work with a bricked console?

"and/or the applicable Nintendo device permanently unusable in whole or in part"
Indeed it can't. I don't see how this is even legal. Fair enough having your account permanently banned but actually bricking your console is a step too far.
 
"By agreeing to section 16, both Nintendo and the user will waive "the right to trial by jury"."

Nah that's a scummy move. Reminds me of that guy that tried to sue Disney after something happened at a park and they said he couldn't because of his Disney+ account agreement lol.
I guarantee pretty much any ToS you have agreed to in the last couple of years for anything not just consoles includes this arbitration clause. Thank the supreme court. That Disney one would have stuck in the courts as well, forced arbitration for a death in a park because of signing up for a free Disney+ account.

Sony:
"You and Sony agree that all Disputes shall be resolved exclusively through binding arbitration. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY DISPUTES IN COURT."

Xbox:
"you and Microsoft agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide."

Epic :
"THESE TERMS CONTAINS A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THESE TERMS, YOU AND EPIC AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION, AND EPIC AGREES TO PAY YOUR ARBITRATION COSTS FOR ALL DISPUTES OF UP TO $10,000 THAT ARE MADE IN GOOD FAITH (SEE BELOW)."

Steam removed theirs. I was kinda shocked.
 
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Everything can happen on any console, even without this implemented, also tech support can be shit without this too… I don't see any issue with this if you don't have plans on breaking the rules.
Bricking a system, until now, hasn't been a purposeful feature. If your PS5 bricked during an update or some other error you could get support. If your Switch 2 bricks, good luck convincing Nintendo you did nothing wrong. It's not the same and non pirates have every reason to not like it.

Wait...how is any of that going to work with a bricked console?

"and/or the applicable Nintendo device permanently unusable in whole or in part"

Exactly.
 
I guarantee pretty much any ToS you have agreed to in the last couple of years for anything not just consoles includes this arbitration clause. Thank the supreme court. That Disney one would have stuck in the courts as well, forced arbitration for a death in a park because of signing up for a free Disney+ account.
"You and Sony agree that all Disputes shall be resolved exclusively through binding arbitration. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY DISPUTES IN COURT."
"you and Microsoft agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide."

Epic :
"THESE TERMS CONTAINS A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THESE TERMS, YOU AND EPIC AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION, AND EPIC AGREES TO PAY YOUR ARBITRATION COSTS FOR ALL DISPUTES OF UP TO $10,000 THAT ARE MADE IN GOOD FAITH (SEE BELOW)."

Steam removed theirs. I was kinda shocked.
Damn, that's crazy. I'm in the UK so I'm hoping that's illegal here.

The PlayStation agreement on the UK site contains this: "NOTE: IF YOU ARE A UNITED STATES RESIDENT OR A RESIDENT OF A COUNTRY/REGION IN NORTH, CENTRAL OR SOUTH AMERICA, TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER"

So it seems this waiving of legal rights is only applicable to people living in the Americas. Terrible stuff.
 
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Bricking a system, until now, hasn't been a purposeful feature. If your PS5 bricked during an update or some other error you could get support. If your Switch 2 bricks, good luck convincing Nintendo you did nothing wrong. It's not the same and non pirates have every reason to not like it.



Exactly.

huh both MS and Sony have similar policies and have for a long time. Its not an issue because legit people RARELY ever get a false ban and if they do its easily recovered. These types of systems have records. its not just " trigger and ban without keeping records "
 
Imagine if Sony released a statement saying the exact same thing. You'd have videos, articles and people boycotting Sony until they reserved course. Nintendo does it? Nothing.

Nintendo reminds me of Disney or Apple where they have such a loyal following that they could actively sabotage you and their fans would thank them for doing it. I grew up with Nintendo and they are the most nostalgic for me but they really come across as a terribly anti-consumer company with unacceptable practices.
 
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We get our money back for the titles we have licenced though right? Right?

Oh so it's just stealing then. Got it
So if I steal from them, they can just steal from me? Ok.

Regardless, until they actually do this, I wouldn't make too much of this. Like others said, this us typucal ToS, they use just to guard themselves. I doubt they ever literally brick anyone's consoles.
 
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Imagine if Sony released a statement saying the exact same thing. You'd have videos, articles and people boycotting Sony until they reserve coursed. Nintendo does it? Nothing.

Nintendo reminds me of Disney or Apple where they have such a loyal following that they could actively sabotage you and their fans would thank them for doing it. I grew up with Nintendo and they are the most nostalgic for me but they really come across as a terribly anti-consumer company with unacceptable practices.
Only beaucse they were suing the crap off for removing OtherOS in PS triple
And entire drama afterwards...
 
huh both MS and Sony have similar policies and have for a long time. Its not an issue because legit people RARELY ever get a false ban and if they do its easily recovered. These types of systems have records. its not just " trigger and ban without keeping records "
We aren't talking about a ban, and bans can sometimes be reversed when they were incorrectly issued. A brick is permanent and renders the hardware useless, a banned account or even banned system can still be used offline.
 
Isn't like the first rule of hacking your hardware "never take it online again"?
 
We aren't talking about a ban, and bans can sometimes be reversed when they were incorrectly issued. A brick is permanent and renders the hardware useless, a banned account or even banned system can still be used offline.

Yep. The difference is Sony and Microsoft do not allow a banned console to connect to their services vs Nintendo rendering the device "unusable".

Microsoft:
"A device suspension may include a temporary revoke of privileges on the console (such as communications or multiplayer), whereas a device ban permanently blocks an Xbox console or device from accessing the Xbox network. "

Sony:
"If your console is suspended you will not be able to connect to PlayStation Network with any account."
 
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Isn't like the first rule of hacking your hardware "never take it online again"?
Being online allows you to access repositories from where to get pirated games and download them straight into the console, which many people use. There's other things as well, like being on the same network as your PC allowing you to stream your PC games to your Switch via Moonlight.

But not anymore! :goog_relieved:
 
Yep. The difference is Sony and Microsoft do not allow a banned console to connect to their services vs Nintendo rendering the device "unusable".
Right, hopefully we get more clarification on this soon. I'm not canceling my order or anything since I agree it's highly unlikely to happen to a legitimate user but I really don't like it.
 
Right, hopefully we get more clarification on this soon. I'm not canceling my order or anything since I agree it's highly unlikely to happen to a legitimate user but I really don't like it.

Vast majority should be fine, but this is simply an overreach on Nintendo's part. Plain and simple.
 
I call your bluff Nintendo, cracking the fuck out of the next hardware you put out. Will be sitting on firmware 1.00 for as long as it takes until an exploit is out.

You can suck my dick in the meantime.
 
Being online allows you to access repositories from where to get pirated games and download them straight into the console, which many people use. There's other things as well, like being on the same network as your PC allowing you to stream your PC games to your Switch via Moonlight.

But not anymore! :goog_relieved:
Damn. Well, I would hope/bet that the first thing hackers figure out is how to disable Nintendo's kill switch. I personally have no interest in piracy, but I love modding my consoles once they're essentially depreciated. Basically all of my Nintendo consoles between N64 and 3DS are modded in one way or another.

I guess the silver lining is that Nintendo historically always ultimately loses to hackers. I would expect the Switch 2 to be no different.
 
Most anti-consumer company in the gaming industry and that includes EA and Activision. Nintendo are a shell of who they once were as a company and frankly the crap they're doing nowadays is embarrassing and pathetic.
 
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Seems unnecessary and over the top. Honestly though I have bought every console Nintendo has released but I barely used my Switch, so I was going to pass on switch 2 anyway. Seems crazy but I guess I don't have the time for it. If I want to play something switch is a distant fourth after Xbox, PC and then PS5 hence the reason it is never used.

I have moved on to the Steam Deck for portable gaming, for me it's a much better system in pretty much every aspect.
 
They probably wanted to do this to Switch 1 consoles, but realized they couldn't legally break people's hardware without them first agreeing to having their hardware broken.

I'd also like to see this challenged in court, because as far as I'm aware (I'm not a lawyer) no company has intentionally bricked hardware like this before. There have been a few lawsuits revolving around devices that rely on internet services that essentially stop working when the service shuts down (like, imagine if Ring went offline and suddenly your doorbell becomes worthless). The courts have rules in favor of software companies in the sense of like traditional console bans - companies can choose to cut off the devices from their services if you violate the terms of use. But even EULAs can't bypass consumer protection laws.
 
Imagine if Sony released a statement saying the exact same thing. You'd have videos, articles and people boycotting Sony until they reserved course. Nintendo does it? Nothing.

Nintendo reminds me of Disney or Apple where they have such a loyal following that they could actively sabotage you and their fans would thank them for doing it. I grew up with Nintendo and they are the most nostalgic for me but they really come across as a terribly anti-consumer company with unacceptable practices.
Honestly we just had a thread where Sony permabanned a dude and would not give an explanation why. He lots tons of games. This kind of thing happens everywhere. That's why I don't play online games much on my Sony account. Too risky. One mass report and you lose all your games and also never get an explanation as to why.

This Nintendo situation is not relevant to me because I'm not a pirate or a cheater so my console will never be locked. However I may be mass reported and my games taken away by Sony. Much more likely to happen.

Let's say they pass a law that says thieves get their hands cut off. Do you know why I wouldn't be worried?
 
I kinda get banning people from using online or whatever as a deterrent....but straight up bricking the device seems like a step too far imo
 
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They probably wanted to do this to Switch 1 consoles, but realized they couldn't legally break people's hardware without them first agreeing to having their hardware broken.

I'd also like to see this challenged in court, because as far as I'm aware (I'm not a lawyer) no company has intentionally bricked hardware like this before. There have been a few lawsuits revolving around devices that rely on internet services that essentially stop working when the service shuts down (like, imagine if Ring went offline and suddenly your doorbell becomes worthless). The courts have rules in favor of software companies in the sense of like traditional console bans - companies can choose to cut off the devices from their services if you violate the terms of use. But even EULAs can't bypass consumer protection laws.
I can think of only a on example. Apple bricks devices when access is attempted without proper transferal from the original owner. However, the device can be transferred still, as long as the original owner logs in with their apple id and removes the block. This was done because cell phone theft was becoming a huge issue so apple made it to where if you steal a phone or even buy a stolen phone, you can't use it, thus eliminating the issue completely.

This simply eliminates the issue of a jailbroken theft Switch 2. People don't need to steal games that I have to pay for, so I'm 100% for it. I think honestly if you download a game and play it for free that other people are having to pay for you are a thief. You can call it something pretty or whatever but it is what it is. Don't jailbreak your Switch 2 folks.
 
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Bricking a system, until now, hasn't been a purposeful feature. If your PS5 bricked during an update or some other error you could get support. If your Switch 2 bricks, good luck convincing Nintendo you did nothing wrong. It's not the same and non pirates have every reason to not like it.



Exactly.
You're right to be concerned. I had a ps3 controller that stopped charging once. Customer service asked me a bunch of questions to see if there was a remote possibility they could blame me for it. Luckily I caught on and got it fixed, but who the heck knows, you could say anything and have them deny you. I heard people had a hard enough time fixing their switch controllers. But this situation really is ridiculous. Say you change the tires on your car, and the car manufacturer comes to your house and sets it on fire
 
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It can detect all it likes, but if it's not online it can't phone home to Nintendo and brick the device.
What if it doesn't need to? It just executes the bricking offline, built into all new Nintendo games. I guess pirates would quickly find a way to prevent that though.
 
*Hackers figure out way around the lockout like three months into Switch 2's life*



Imagine if Sony released a statement saying the exact same thing. You'd have videos, articles and people boycotting Sony until they reserved course. Nintendo does it? Nothing.

Nintendo reminds me of Disney or Apple where they have such a loyal following that they could actively sabotage you and their fans would thank them for doing it. I grew up with Nintendo and they are the most nostalgic for me but they really come across as a terribly anti-consumer company with unacceptable practices.

Then it sounds like you don't follow these things closely to me.
 
You're right to be concerned. I had a ps3 controller that stopped charging once. Customer service asked me a bunch of questions to see if there was a remote possibility they could blame me for it. Luckily I caught on and got it fixed, but who the heck knows, you could say anything and have them deny you. I heard people had a hard enough time fixing their switch controllers
I mean, everything is possible in the world, but Nintendo customer service is pretty good. Sony customer service won't give you a reason if they permaban your account.

Alright, enough defending here, but honestly doesn't everyone get tired of how arbitrary and meaningless it all is. This is a meaningless story. It will never affect anyone in this thread and is likely targeted at a very specific group of people who are stealing Switch games and selling jailbroken switches. Anyone using their console regularly, ie 99.999999999999999999 percent of people will never, ever know this is a thing. It's more meaningless than the cmos batter in the ps5. Yet we "motherfuck" nintendo, Sony, Xbox, and lately PC every chance we get. I think we all just have some unresolved anger issues.
 
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