Nintendo’s strict anti-piracy policies have resulted in legal action taken by Procon-SP, a consumer watchdog group based in Brazil. A clause in the company’s user agreement allows Nintendo to ban Switch 2 systems from accessing online services if the system has used either pirated software or things like MIG Flash Cartridges. While the system is technically still usable, these bans prevent access to both online play and the eShop. That puts a severe limitation on what the system can actually do. Unfortunately, this has already led to reports about people buying Switch 2 units second hand, only to find out the console has been banned from using online services.
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In a press release (via Dexerto), Procon-SP argued that Nintendo’s policy is in direct violation of protection rules afforded to consumers in Brazil. Those rules state that companies are not allowed to cancel subscriptions or services without providing some form of explanation. Complicating matters, Nintendo does not have an official presence in Brazil, so discussions have taken place between Procon-SP and Nintendo of America, instead. According to Dexerto, Nintendo has enlisted a law firm based in Brazil to handle the case.
At this time, it’s unclear if anything will come about as a result of this case. Hopefully it does lead to better protections for consumers, though. The fact that consumers can unknowingly purchase a console that has all online access limited is a pretty big oversight on Nintendo’s part. It would have made much more sense to instead ban individual subscribers, with proper explanation of the violation. That would have been the best way to still protect against piracy, without causing undue stress on anyone caught in the crossfire.
For decades now, Nintendo has earned a reputation for being incredibly protective of its IP. Sometimes that means shutting down fan games that put characters into situations that go against the company’s standards, and other times it means putting a ton of resources into fighting piracy. The company has actively pursued legal action against companies that sell pirated software, especially accessories that allow users to access software illegally. This is nothing new, but the way it has gone about it at the start of the Switch 2 era has clearly caused some frustration, even among those that are complying with user agreements.
Since this legal action is only happening in Brazil, there’s no way of knowing how all this will play out. It’s possible that other consumer watchdog groups could similarly pursue legal action, following Brazil’s example. If that were to happen, it might put more pressure on Nintendo to adjust the current user agreement to make things more fair and more clear. Nintendo Switch 2 has only been available for a few short weeks now though, so it’s impossible to say if this clause will stick around.
Do you think Nintendo should be banning Switch 2 systems from internet access? Should this clause be removed from the current user agreement? Share your thoughts with me directly on Bluesky atย @Marcdachamp, or on Instagram atย @Dachampgaming!
