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

Wait until "commercial use" gets interpreted as streaming, and you stream some games and say something negative about the game and/or nintendo and then your console gets shut off.
 
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I'm not too worried about this since I've never hacked any of my consoles, but I think Nintendo is overreaching here. This is about ownership rights and due process. This kinda reminds me of the Apple Error 53 fiasco a while back. Bricking people's phones who used a 3rd party for repairs or whatever. That didn't go over too well for Apple. Hopefully, there will be a similar response to this.
 
This is really shit and I hope the switch 2 gets hacked and this leads to a class action lawsuit and Nintendo loses that and control of their system. They are just too shitty.
 
It's a good thing that EULAs don't supersede the consumer law here in Brazil. I'd like to see they try to brick some modded console here...
 
iu


I really hope Switch 2 emulation happens in the launch month. I know they've done their best to scare the emulation scene with litigation and bullying, but they've also created a lot of negative sentiment with these announcements and their actions since Switch 2 official reveal.

I personally will never buy another Nintendo console, so their efforts have done nothing but push me away, and I own a Switch 1 + over 40 physical games. I don't know what the future holds, but I can only hope they lose some big lawsuit or get patent trolled or something. C'mon karma, make yourself useful.
 
It's funny that people still think any of these gaming companies are anything other than corrupt and greedy. Nintendo, Sony, Microsoft, Apple, Samsung or whatever only care about money and how much you can give them.
 
BbMajor7th said:
Imagine you went out and bought yourself an electric saw and it says on the box, 'designed for wood and plastic only, do not use on metals', but you're a smart cookie and you know that'll it'll be fine cutting something soft like copper. So you switch the blade cut a bunch of pipe for a plumbing project and - hey presto - it works like a charm.

The next day you go to fire up the saw and it's dead. You call the manufacturer and they explain it was used to cut metal against the instruction of the manufacturer and they reserve the right to brick it if you violated their instructions.

I daresay you'd be pretty pissed off and so would I. Companies selling you things that they can remotely disable at their discretion is a big heap of shit, be it a games console, a power saw or anything else. At that stage they're running a rental service.
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I can see the rental thing, but honestly, I'm not at all worried.
 
Sinozen said:
Nintendo is an overtly litigious company. They're going to write their terms to entirely favor themselves. They've proven they have no goodwill towards their consumers these days. What you and many others fail to understand is that the precedence alone opens up mistakes happening. You may not do something to warrant it, but it could still happen to you. Or perhaps you do warrant it because their terms are so ridiculous. Nintendo is nothing but bad news and yet people want to give them a pass for everything.
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Well, I am fairly sure the catastrophic consequences of this failing is something they're aware of.
And if it was big would hurt them harshly
 
Nintendo is quiety one of the most anti consumer brands in the world, but Nintendo shills will just sweep this under the rug like its perfectly fine. If Sony catches you hacking your console, they will just block your account. They wont go scorched earth to brick your console, summon you to court and sue you for millions of dollars, then turn around give you handy in the form of a smile and a remaster of Zelda at $80.00.


 
Who goes online with a hacked console? I know there are ways around with some. But the typical modder doesn't care about online. That's like going online with hacks in a multiplayer game.
 
How is this any different from Sony or Microsoft's EULA?

www.playstation.com

PLAYSTATION®5 SYSTEM SOFTWARE LICENCE AGREEMENT

www.playstation.com www.playstation.com
If SIE Inc determines that you have violated this Agreement's terms, SIE Inc may itself or may procure the taking of any action to protect its interests such as disabling access to or use of some or all System Software, disabling use of this PS5 system online or offline, termination of your access to PlayStation™Network, denial of any warranty, repair or other services provided for your PS5 system, implementation of automatic or mandatory updates or devices intended to discontinue unauthorized use, or reliance on any other remedial efforts as reasonably necessary to prevent the use of modified or unpermitted use of System Software.

Xbox Support

support.xbox.com support.xbox.com
The Xbox Software is licensed to You, not sold. You are licensed to use the Xbox Software only as pre-installed in Your Xbox Console or Authorized Accessory, and updated by Microsoft from time to time. You may not copy or reverse engineer the Xbox Software.
As conditions to this Xbox Software license, You agree that:
You will not use Unauthorized Accessories or Unauthorized Games. They may not work or may stop working permanently after an Xbox Software update.
You will not use or install any Unauthorized Software. If You do, Your Xbox Console, Kinect Sensor or Authorized Accessory may stop working permanently at that time or after a later Xbox Software update.
You will not attempt to defeat or circumvent any Xbox Console, Kinect Sensor or Authorized Accessory technical limitation, security, or anti-piracy system. If You do, Your Xbox Console, Kinect Sensor or Authorized Accessory may stop working permanently at that time or after a later Xbox Software update.
 
Wasnt this always a thing? I remember back in the day Nintendo Wii games would try to update your console and if you had it modded it was a goodbye to your console.

Now dont get me wrong, im not defending or even downplaying this, Nintendo has always been a piece of shit. People have forgotten how when every other company allowed you to share clips and photos of your games (PS4/XOne era) Nintendo decided to attack all content creators and regulate (and even get money from) video on YouTube.

Looks like Nintendo never learns... damn what a way to fall of the Switch 2. Now Im glad it been out of mi sight for weeks.

jshackles said:
In 2008, I had my Xbox / Microsoft account permanently banned (well, banned until 2999) with no explanation and no recourse after working with Microsoft support. I had spent a few thousand dollars on digital games and DLC at that point, tons of XBLA and horse armor that I could no longer access / download / or play (as it required a license check after 30 days which eventually started failing). The console itself was fine, I could log in with an alternate account and play my disc-based games.

It took almost 12 years to get satisfaction. I was forced into arbitration with Microsoft, but I filed the paperwork with my local courts and made them send their guy from Redmond to argue their point of view. Their claim was that I was using "unauthorized console modifications to bypass network security" (which is 100% bullshit). Luckily for me, by 2019 when I was doing the arbitration, Microsoft had already changed how they handle these types of bans (account restricted from making purchases, but can still play purchased games) - so I was able to successfully argue that Microsoft robbed me of the money I had spent on digital purchases. It also helped my case that I had, by that point, created an alternate Microsoft account and had spent money re-purchasing some of these same digital titles that were locked out of my old account. Even though I got a settlement, I had by that point spent hundreds of hours between working with Microsoft support, putting a case together, filling out paperwork, and attending the arbitration itself. It essentially amounted to being a waste of everyone's time, and that's the point with these types of things.
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Impossible, im sorry but I cannot believe this. I was told by the Digitalcucks that these kind of stuff never happens and that I was overreacting by deciding not to buy digital licenses games and asking for a physical release on... well any game really.
 
From Switch 3's EULA:
"You acknowledge that if you fail to comply with the foregoing restrictions Nintendo may permanently disable the Nintendo device and/or the player."
 
That's nothing, man. Back in my day, Atari would kidnap and bury you alive in the desert under tons of unsold copies of E.T.
 
RoboFu said:
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 "
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I need you to understand the difference between a brick and a ban

Ban: not allowed to use online services. No more downloading games or access to your account. Depending on how it's carried out you may still be able to download patches for disc base dgames

Brick: your console does not work anymore. You cannot play any game, digital or physical, log into any account, or do anything with it. It becomes a plastic paperweight for all intents and purposes. It's as if the console itself is broken and needs serious repair.


It's like that scenario with the GR Corolla where Toyota refused service/warranty to someone's broken down car because it was found in the ECU that they drove over the speed limit once. well, imagine that, but if they were allowed to purposely blow up your car for going over the speed limit.
 
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Nonsense thread and faux outrage at best. Anyone modding their Switch will not do the firmware updates. And anyone else will not be affected.
 
They probably expect a jailbreak shortly after launch, if they are making this move.
(although with online components in games being a common thing nowadays, jailbreaking is less appealing)
 
IAmRei said:
i think it's already since 3DS? I'm also recall, my friend using CFW on their switch, and bricked in 2021.
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Did it brick because Nintendo nuked it from orbit or because of an unknown conflict with the CFW while connected to the Internet such as auto updating and breaking something?
 
I don't see the issue. If you get caught cheating or 'stealing' using Nintendo hardware, then you deserve it.

If you really want to do those, then either have a console that never goes online or emulate on hardware that isn't from Nintendo.

Simples.
 
Some clarification is needed, but regardless, the fomo in regards to buying a S2 at launch diminishes daily at this point. I'm just going to enjoy my Steam Deck OLED/PS5 combo and see how everything plays out. I'll reevaluate around the holidays.
 
Tams said:
I don't see the issue. If you get caught cheating or 'stealing' using Nintendo hardware, then you deserve it.

If you really want to do those, then either have a console that never goes online or emulate on hardware that isn't from Nintendo.

Simples.
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Thank you. I find the level of entitlement hilarious.

At no point have I ever gotten mad that I couldn't go online with the same system I modify all their software on.

Just typing that made me laugh.
 
Nintendo just pre-warning the many planning to migrate to Switch 2 but keep their Switch OLEDs for modding and tinkering.
I paid for it I'll do what I want with it.
 
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Devil's advocate here. There has always been a risk of bricking your console by modding it. And once it works, there has always been a risk of something going wrong later. A friend of mine used to customize 360s (paint and cutting and all that) and offered to mod mine back in the day for free. He reassured me profusely that once it was done, it was fool-proof and I could use it as normal, only it would also read burned disks. He REALLY wanted to do it! Well, a few months later I could never connect to Live again, and all games after that update were locked out forever. I learned a lesson. By the way, I wasn't mad at Microsoft. I just smiled at my friend. lol

Now, as time went on. He accumulated lots of unique looking consoles that were all modded. But they were all cumbersome to use or broken. After a hiatus, he came to my place and played my modded Wii. He explained why I had to connect it to the Internet to make it easier to get this thing, update that app, etc. I told him that the way to set up a console is to do it manually and that once it works just so, don't touch anything and leave it disconnected. If I need a feature, I will change the SD card myself and pop it back in. If something breaks, I'll revert it. Since the homebrew software is not officially supported or guaranteed not to conflict with anything else, and my main goal is just to have it play games, not feel ensconced in the warm embrace of feeling always updated. If it ain't broke, don't fix it! It's a Wii, it's DONE man! Leave it! I knew his very sexy looking modded Wii with a HDD squeezed INSIDE it, didn't work anymore.

His expression looked like I had really gotten through to him. He said I was right.
 
Little Mac said:
Some clarification is needed, but regardless, the fomo in regards to buying a S2 at launch diminishes daily at this point. I'm just going to enjoy my Steam Deck OLED/PS5 combo and see how everything plays out. I'll reevaluate around the holidays.
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Very little in the way of context or indeed nuance in this thread.
 
This isn't news, modding consoles has always brought with it the risk of catastrophic system failure, especially in the online age.
 
Little Mac said:
Some clarification is needed, but regardless, the fomo in regards to buying a S2 at launch diminishes daily at this point. I'm just going to enjoy my Steam Deck OLED/PS5 combo and see how everything plays out. I'll reevaluate around the holidays.
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This is a perfectly reasonable take to any system launch but I must admit I am baffled at how this news has any effect on launch fomo positive or negative
 
BlackTron said:
Did it brick because Nintendo nuked it from orbit or because of an unknown conflict with the CFW while connected to the Internet such as auto updating and breaking something?
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I dont know much about it, since i never use CFW in 3DS or Switch. I think its because update
 
IAmRei said:
I dont know much about it, since i never use CFW in 3DS or Switch. I think its because update
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Yeah, I know we are reading this as "we reserve the right to beam a kill signal if we detect Princess Zelda costume mod", and maybe that's a thing sure.

But has anyone considered they are just letting you know, that if you do "unauthorized" stuff with your system, they literally have no clue at all if the update necessary to play the latest game will kill your system? Since, you know, they aren't in charge of the firmware you are running and therefore can't be held responsible for the update process?

Keep it off the Internet. Wait for the homebrew boys to update CFW to the latest version. Install it yourself without internet. This is not something for people who want to auto update all their games off of Nintendo's servers off the home screen like they just got a cheat code to cruise for free. lol

edit: not saying that's your friend, but the people in this thread man :messenger_grinning_sweat:

Maybe, Nintendo should keep a special eye on CFW internally. And take special care that they don't brick any systems running the latest CFW. Until then, Nintendo can suck my balls.
 
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No ofense but if you play on Hisense TV you clearly do not care about image quality.
I always thought it's important, it's actually in the name "VIDEO games".
 
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poppabk said:
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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Forced arbitration should be illegal, but politicians love that sweet, sweet corpo cash. And that's especially so after disastrous Citizens United.

Not sure how valid is any of this in Europe.
 
64gigabyteram said:
need you to understand the difference between a brick and a ban

Ban: not allowed to use online services. No more downloading games or access to your account. Depending on how it's carried out you may still be able to download patches for disc base dgames

Brick: your console does not work anymore. You cannot play any game, digital or physical, log into any account, or do anything with it. It becomes a plastic paperweight for all intents and purposes. It's as if the console itself is broken and needs serious repair.
Click to expand...

From Sony's EULA:
If SIE Inc determines that you have violated this Agreement's terms, SIE Inc may itself or may procure the taking of any action to protect its interests such as disabling access to or use of some or all System Software, disabling use of this PS5 system online or offline, termination of your access to PlayStation™Network, denial of any warranty, repair or other services provided for your PS5 system, implementation of automatic or mandatory updates or devices intended to discontinue unauthorized use, or reliance on any other remedial efforts as reasonably necessary to prevent the use of modified or unpermitted use of System Software.

If your PS5 is disabled even when offline - that sounds like a brick to me 🤷‍♂️

I think this is standard company legalese. I've yet to see Microsoft, Sony, or Nintendo actually exercised this power. If they do, definitely grab the pitchforks.

Until then, it seems hypocritical to call out only Nintendo for the same EULA as Sony & MS.
 
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