In the end, Nintendo cannot “bross” your Switch 2 in Europe – News

Also called EULA (for end user license agent), the Cluf is an agreement between the end user and the software developer, which describes the terms and conditions governing the use of the latter. Consequently, Thus. Additionally, Consequently, when we buy a game or a console, we tacitly accept a Cluf, this even if the latter is rarely read by the user. However. Nevertheless, by this contract, the company protects itself in the event of abusive use of its products – especially in the context of hacking. Moreover, And besides. In addition, since the marketing of the Nintendo Switch 2, several cases of “bricked” consoles have been relayed by users of the new console, in particular for having wanted to use a MIG Switch cartridge (which arose no real risk on the first Switch). Therefore, Result: the console becomes unplayable because all the end, nintendo cannot “bross” your internet services were deactivated there. However, it would seem that these cases of “bricked” consoles do not really concern us Europeans.

Taking a look at the EULA (so the US version) allows you to get a better idea. Therefore, of the legal implications. So here is what we read there: “Without limitation. you agree not to (a) publish, copy, modify, burn out, rent, decompile, disassemble, distribute, offer sale or create work derived from any part of the software; (b) Bypass, modify, decrypt, defeat, traffic, or in any other way bypass any function or protection of the console or software with unauthorized software or hardware, illegal or hacked; (c) reinstall any previous version of the software on the console or obtain or install in any other way any version of the software other than by the distribution methods provided by Nintendo; (d) install end, nintendo cannot “bross” your or use any software that Nintendo identifies as an unauthorized copy, or from which one or more unauthorized copies have been made; or (e) operate the software in a way other than its use with the console in accordance with its documentation and the expected use. The content obtained by the use of an unauthorized device. by the unauthorized modification of the console or the software can be deleted. You agree not to access. use the console or software in an unauthorized or illegal manner, nor to access the consoles, devices, accounts or data of other people (including Nintendo) without their (or our) consent“. These are the conditions. And if unfortunately. you do not respect them,”Nintendo can make the console and/or software unusable permanently, in whole or in part.“. It is therefore within the framework of the application of the Eula that Nintendo broke various consoles. therefore making them ineffective end, nintendo cannot “bross” your by the absence of their internet access.

On the other hand, in Europe, the Cluf is less severe. According to the section approaching the same subject: “Digital products recorded on your Nintendo account. as well as any update of these digital products, are granted under license only for personal and non -commercial use on a user device. These products should not be used for other purposes. In particular. without the written agreement of NOE (Nintendo of Europe), you must neither rent nor sublet the digital products, nor concede to the sub-bednce, publish, copy, modify, adapt, translate, burn out, decompile or disassemble all or part of the digital products, except in cases expressly authorized by the applicable law. Such unauthorized use can make the digital product unusable“. To make clear. if you use an altered digital product (like a hacked file for example), it end, nintendo cannot “bross” your is only the altered software in question which is threatened by a deactivation on the part of Nintendo. This is at least what the last sentence relayed here:”Such unauthorized use can make the digital product unusable“. There is no question here of taking it directly in the Nintendo account or the device directly.

The legal difference is major, you will agree. And it cannot be explained by a simple disinterest in Nintendo in the face of hacking in Europe: in reality. it is the European legal framework which prevents the firm from going further in its conditions. The laws in force consider that deactivating a device for unauthorized access to software is an excessive and illegal measure. And we are not far from agreeing: there have indeed been several cases of players who saw their console. made unplayable for having obtained a game on occasion already “dumped” an prior by end, nintendo cannot “bross” your its previous user. Others bought a second -hand bricker 2 switch 2, for example.