Nintendo has updated its Nintendo Account Agreement with a severe warning against "unauthorised use", in a bid to prevent emulation and piracy.
All those with a Nintendo account will have received an email (including Eurogamer) linking to the updated policy. And, as Game File's Stephen Totilo spotted, the wording for the Licence for Digital Products section has been altered.
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".
This differs slightly from the US, which states: "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."
For comparison, here's the original wording (effective since April 2021): "You 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."
And here's the UK update in full: "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. Such unauthorised use of a Digital Product may result in the Digital Product becoming unusable."
The US update is as follows: "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 unauthorised 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 authorisation, 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."
The Nintendo Account Privacy Policy has also been updated ahead of the release of Switch 2. Now, Nintendo will be able to record video and voice chats stored on your console for a limited period of time - if you give consent.
This is intended for anyone who encounters "language or behaviour that may violate applicable laws", with the company able to review the last three minutes of recorded footage. This is to ensure a "safe and family-friendly online environment".
The update comes ahead of the Game Chat feature on Switch 2, where players can essentially video call each other during gameplay.
Back in March, Nintendo shared a legal victory over French file-sharing company Dstorage, which it stated was "significant...for the entire games industry".
It followed a string of moves against piracy, including the shutdown of Switch emulator Yuzu and a lawsuit against a streamer who regularly played pirated copies of Nintendo games ahead of release.
modded or not,
This has been a thing for decades now. It got litigated in court when mods were being legally tested.That sounds like one of those things that had a reasonable idea behind it but turned into something stupid.
Basically, modders have the right to mod software and hardware, but the original manufacturer has the right to brick things, modded or not, if they can get an update on it.
But if it also opens the door for something ridiculous like Nintendo intentionally bricking for any or no reason, that's officially stupid.
I hope the Switch 2 is hilariously easy to hack
I hope the Switch 2 is hilariously easy to hackThat second USB C port is going to be it's Achilles' heel
I hope the Switch 2 is hilariously easy to hackFrom the sounds of it, it won't be. The Switch was only hackable because of a hardware chip that they replaced in all systems forward as of June 2018. And even then it took years for people to start being bolder and going online with a modded Switch. I'm thinking the Switch 2 will take a good while for people to crack.
broI can guarantee you've agreed to this exact thing dozens of times over.
But if it also opens the door for something ridiculous like Nintendo intentionally bricking for any or no reason, that's officially stupid.I mean, antipiracy measures have been a thing since forever. Plenty of them are famous - Earthbound ramping up the random encounter rate and wiping your save right before the final boss if it detects piracy, Serious Sam 3 spawning an unkillable arachnoid NPC on pirated versions of the game, etc.
I can guarantee you've agreed to this exact thing dozens of times over.
Buried somewhere in those EULAs that no one ever reads for pretty much every piece of software is a line to the effect of, "We can modify or remove your access to this software, at any time, for any reason, with no compensation given, and there's f*** all you can do about it."
I mean, antipiracy measures have been a thing since forever. Plenty of them are famous - Earthbound ramping up the random encounter rate and wiping your save right before the final boss if it detects piracy, Serious Sam 3 spawning an unkillable arachnoid NPC on pirated versions of the game, etc.If you think about it, every decision Nintendo has made for at least 30 years seems like it was driven by attempting to thwart pirates.
This is basically an extension of that. It really shouldn't be controversial at this point.
From the sounds of it, it won't be. The Switch was only hackable because of a hardware chip that they replaced in all systems forward as of June 2018. And even then it took years for people to start being bolder and going online with a modded Switch. I'm thinking the Switch 2 will take a good while for people to crack.A "permanent Airplane mode" type of crack probably won't take that long.
They went to war with video rental places in the 80s, tried to stop streamer from uploading ANY content, and ANY music, failed at all of that, sold roms from romsites on the wii stores then sent takedown request to archive sites that made no money and were fantastic archives, did not let your digital downloads carry over to the wii u, or to the switch, and of course Super Famicom carts work in SNESes... except they made the plastic a different shape on purpose to prevent imports.
i could go on.
Yeah pretty sure this was the case with the Switch as well but it never slowed anyone down. Most hacked console in history lmao. I'm wondering if Nintendo is gonna have another massive hardware failure this time too
@fire_boltIt is MADDENING reading websites like Nintendo Life when they have to report on anything concerning modding the Switch. I get that it isn't exactly their wheelhouse, but they do have an obligation to their readers to ATTEMPT to learn a little about modding if they must publish articles on them. It's juvenile at best to shirk that obligation while still taking the click money.
No, its absolutely not, do you people even mod your systems or just going off headlines? Switch got a new hardware model called Mariko models in May 2018 that patched out the paper clip exploit and theres been NO exploit found in the following 7 years since. The only way to hack the Switch is with a modchip that you need to pay hundreds of dollars to get and then hundreds of dollars more to pay an engineer to do it if you arent a soldering expert. And modchips exist for stuff like PS5 and Xbox too which are otherwise unhackable.
And even for people whove modded their systems, you are still heavily discouraged to go online with them at all. Definitely not with an account.
Meanwhile, the 3DS ever since menuhax could be relatively easily modded with just software by yourself and could go online just fine as long as you dont cheat so openly. The Wii was filled with hackers who did cheat so openly. The DS had R4s.
Unless youre only referring to emulators. Because the Switch did get emulators relatively early. Very doubtful thats going to happen again though now that the lawsuit happened and the development teams have been scattered. Theyve even stopped working on 3DS emulators for things that still havent been emulated like streetpass functions. And thats not mentioning the Switch 2 will be much stronger than the Switch 1 and will use custom processors unlike the Switch 1 using the same GPUs as most PCs which is why it was so easily emulatable.
It is MADDENING reading websites like Nintendo Life when they have to report on anything concerning modding the Switch. I get that it isn't exactly their wheelhouse, but they do have an obligation to their readers to ATTEMPT to learn a little about modding if they must publish articles on them. It's juvenile at best to shirk that obligation while still taking the click money.
This has been a thing for decades now. It got litigated in court when mods were being legally tested.Surely thats not actually legal for Nintendo to do. They can ban from servers but they cant remotely destroy someones property
Basically, modders have the right to mod software and hardware, but the original manufacturer has the right to brick things, modded or not, if they can get an update on it.
Stop supporting Nintendo's greedy assDakimakura posted...
How can anyone still do business with this anti-consumer corporation?You guys can block all connections to Nintendo's servers with a cracked system. If you get caught, that's entirely on the user not utilizing common sense.
You guys can block all connections to Nintendo's servers with a cracked system. If you get caught, that's entirely on the user not utilizing common sense.
"Anticonsumer" and "greedy" for a stance every console manufacturer has held for decades. Talk about overly dramatic.
You guys can block all connections to Nintendo's servers with a cracked system. If you get caught, that's entirely on the user not utilizing common sense.You can mod the Steamdeck without anyone bricking the system...
"Anticonsumer" and "greedy" for a stance every console manufacturer has held for decades. Talk about overly dramatic.
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".So they can also legally do this to US Switches, not ones from/in Europe?
This differs slightly from the US, which states: "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."
Steam Deck is not a console.Yes it is
Only nintendo system I ever modded was a 3ds and I never took it online afterwards.
This is what I assumed everybody did anyways. If you were going to run emulated software or unauthorized software on a console, you don't take it online afterwards.
Yes it isIt's a PC.
It's a PC.So it's better
This is what I assumed everybody did anyways. If you were going to run emulated software or unauthorized software on a console, you don't take it online afterwards.i think everyone that took it online did so with the presumption they would be eventually banned from online. but its a different conversation when nintendo is talking about remotely bricking consoles, which constitutes destruction of someone elses property
Stop supporting Nintendo's greedy assBuy an Xbox instead
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.https://support.xbox.com/en-US/help/hardware-network/warranty-service/xbox-software-license-agreement
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.
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 PlayStationNetwork, 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.https://www.playstation.com/en-us/legal/ps5-ssla/
Nothing about disabling hardware as that would be a violation of Australian Consumer Law.
Intentionally killing the console would violate the Australian Consumer Law rights that we have that shall not be infringed. We have the right to "undisturbed possession", which prohibits Microsoft/Sony/Nintendo from "prevent the consumer from using them" ('them' being the product, ie the console). They would be allowed to prevent further engagement with online services for example, if they did not want to allow you to make further purchases or use UGC or online play as you are hacking or causing trouble etc. But they would not be allowed to brick the console or prevent you from playing your existing legally purchased games.See that's interesting, because of the Series S and PS5 DE/Pro. Wouldn't banning those consoles from going online effectively brick them? You can buy a disc drive for the DE/Pro but there's no such option for the Series S.
Steam Deck is not a console.
Yes it is
It's a PC.I'm curious what the distinction even is today, that would apply to a Steam Deck. You could run Linux on a PS 3.
I can guarantee you've agreed to this exact thing dozens of times over.
Buried somewhere in those EULAs that no one ever reads for pretty much every piece of software is a line to the effect of, "We can modify or remove your access to this software, at any time, for any reason, with no compensation given, and there's fuck all you can do about it."
why you defend it?I haven't been defending it, I've just been pointing out facts about the EULAs you've agreed to. That's not defending it, because I haven't voiced any opinion on whether Nintendo et al's ability to do this is a good or a bad thing.
Surely thats not actually legal for Nintendo to do. They can ban from servers but they cant remotely destroy someones propertyThey sure can.
I haven't been defending it, I've just been pointing out facts about the EULAs you've agreed to. That's not defending it, because I haven't voiced any opinion on whether Nintendo et al's ability to do this is a good or a bad thing.They can revoke access to software at will, but that's different from intentionally setting out to damage the hardware.
They sure can.
Again, you have likely agreed to give every console manufacturer you've ever used the right to do this when you clicked "I agree" on their EULA (and again when you click on the EULA for the update in question). Basically, you agreed to give an electronics manufacturer the right to modify the functionality of their product via updates (including removing your ability to use said product, temporarily or permanently) and you also agreed that if you have modified the device's hardware or software in a way not condoned by the manufacturer, they're not responsible for how their updates may interact with that modification. The sneaky intersection between those two clauses is that any manufacturer can introduce a "kill the console if you detect this sign of mods" function into their updates and that's completely aboveboard.
As a reminder, as far as the law is concerned you do not own any of the software you run on any device you own; you are merely licensing it from the developer and it remains their property. As such, if they choose to change that software in any way (including rendering it non-functional), they're not "destroying your property", they're destroying theirs and modifying your licensing agreement in accordance with the terms you agreed to.