Nintendo just updated it’s user agreement and privacy policy, and while almost no one reads those things, this is important: violating the policy could result in Nintendo permanently bricking the console. The updated policy is one more step in Nintendo’s ongoing battle against piracy and emulation, but it’s also worth noting that the phrasing is different depending on where you live.
For US residents, it reads, “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.”
According to Eurogamer, the UK and European clause reads “Such unauthorised use of a Digital Product may result in the Digital Product becoming unusable.”
Nintendo hasn’t specified exactly what “unusable” means, but it seems like it goes beyond a simple ban. Of course, this isn’t outside the norm; Nintendo is notorious for its aggression towards pirates, modders, and other things it perceives as violations. The ongoing lawsuit against Palworld is just one example, and that has resulted in the publisher changing several elements of the game that are too similar to Nintendo properties.
Many see Nintendo’s actions as an affront to games preservation, but Nintendo sees the moves as necessary to protect its interests.
In addition to its user agreement, Nintendo’s privacy policy has also been updated leading up to the Nintendo Switch 2 launch. It specifically addresses the new Game Chat feature: “Feature-specific communication content such as video and voice chats may be recorded and stored for up to 24 hours on the User Devices of all users participating in a chat. This enables users to report potentially inappropriate interactions that may infringe applicable laws and/or Nintendo Code of Conduct.”
Nintendo can use the recordings to take action against players who violate guidelines. The Switch 2 has a built-in microphone, but the camera accessory is optional. The new policy raises concerns over privacy, especially as the Nintendo Switch 2 is marketed as a family console, but Nintendo claims the recordings are to support a “safe and family-friendly online environment.”