- Nintendo has updated its user agreement in both the US and the UK
- In the US, it now states Nintendo could brick your console due to unauthorised use
- In the UK, your digital software could be disabled
Nintendo has updated its user agreement, toughening its stance on those who pirate games, attempt to emulate titles, or otherwise modify their consoles.
The changes were announced in an email distributed to users in the US and applies to all existing and new Nintendo accounts. Game File reports that the agreement received a little over 100 edits.
Some of the most interesting edits include a massive expansion of a portion that used to state that players “are not allowed to lease, rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble all or any portion of the Nintendo Account Services without Nintendo’s written consent, or unless otherwise expressly permitted by applicable law.”
Now, it says that: “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.”
Nintendo is effectively now spelling exactly what you’re not allowed to do. Being forbidden to “bypass, modify, decrypt, defeat, tamper” with parts of the system completely rules out activities like installing your own homebrew apps. The fact that you are not able to “obtain, install or use any unauthorized copies of Nintendo Account Services” also more strongly emphasizes that any kind of software piracy is not allowed.
As for what could happen if you break these rules, the agreement now states that: “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.”
This outlines Nintendo’s ability to brick your device (render it “permanently unusable in whole”) if you don’t adhere to the agreement. The company could also potentially disable certain functions (render it unusable “in part”) which might, for example, mean preventing cheaters from being able to access online services in games.
The agreement has also been updated in the UK, though the new wording is less drastic. Players in the region now accept that: “Any Digital Products registered to your Nintendo Account and any updates of such Digital Products are licensed only for personal and non-commercial use on a User Device.”
“Digital Products must not be used for any other purpose. In particular, without NOE’s written consent, you must neither lease nor rent Digital Products nor sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of Digital Products other than as expressly permitted by applicable law,” it continues. “Such unauthorised use of a Digital Product may result in the Digital Product becoming unusable.”
These agreements currently apply to the Nintendo Switch, but, unless changed ahead of launch, would also presumably govern your use of the upcoming Nintendo Switch 2. With this in mind, it would be wise to read the new terms carefully and ensure that you don’t end up
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dash.wood@futurenet.com (Dashiell Wood)
