To welcome the launch of Switch2 in June, Nintendo updated the end user license agreement (EULA) for consoles and other digital products.But the binding contract between this company and its users is significantly different in different regions - US law allows Nintendo to completely ban pirated hosts, while in Europe, Nintendo can only prevent users from accessing pirated software.
When we purchase a game console or game, the EULA terms have actually been accepted by default.Although few people read these legal documents carefully, they are protective umbrellas for companies to prevent products from being abused, such as cracking the host to obtain free game libraries.
The terms Nintendo has formulated for the Switch2 released on June 5 are particularly interesting, highlighting the significant differences in the legal frameworks of Europe and the United States.The US version of EULA clearly states:
“Without limiting the foregoing, you agree not to engage in the following: (a) publish, copy, modify, reverse engineer, lease, rent, decompile, disassemble, distribute, sell or create derivative works of any part of the Nintendo Account Service; (b) circumvent, modify, decrypt, destroy, tamper with or otherwise bypass any features or protective measures of the Nintendo Account Service, including the use of any hardware/software that causes the Service to run from the established documents and intended uses; (c) obtain, install or use unauthorized copies of the Nintendo Account Service; (d) utilize the Service in a manner beyond the established documents and intended uses. All of the above-mentioned actions are subject to Nintendo’s written authorization or express permission from the law. You are aware that Nintendo may permanently invalidate the Account Service and/or related equipment in whole or in part in violation of the foregoing.”
The most critical content appears at the end of the terms - Nintendo reserves the disable permissions on Switch2 hosts that violate regulations (including game pirated versions).However, this statement was completely deleted in the European version of EULA, and only the following contents are retained:
"Digital products registered to your Nintendo account and their updates are only authorized for personal non-commercial use on the user's device. Digital products may not be used for other purposes. Special emphasis is given that you may not rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble any part of the digital product without Nintendo Europe's written consent (except expressly permitted by applicable law). Such unauthorized use may cause the digital product to fail to operate."
In Europe, Nintendo can only implement access blockade on Switch2 games that have detected pirated versions, and has no right to disable or brick the console.This major legal difference does not mean that Nintendo is more tolerant of European piracy, but reflects the strong protection of user rights by European law - local laws believe that banning hardware devices due to software piracy is an excessive and illegal penalties.
