In a recent post from a couple of months ago, it was reported that Nintendo had updated their End-User License Agreement (EULA), in which they specified that the user cannot sue Nintendo through a class-action lawsuit, and that if the user of a Nintendo hardware was detected to have been using the console in an unauthorized way by Nintendo, be it homebrew or any other modification to the console, that Nintendo could not only ban, but even render "the applicable Nintendo device unusable".

The update sparked quite the debate online about the implications of said changes, with some saying that the changes made to the EULA were referring to the right of Nintendo the ban the console from online services, to others saying that Nintendo will outright brick the console that the consumer purchased.

All that heated debate seems to have gotten into the ears of higher-ups in Brazil, with the consumer protection agency, Procon-SP, claiming that the changes to the clauses made by Nintendo in their EULA are flat-out abusive to Brazilian customers, with the main complaint being the unjustified and unilateral cancellation of subscriptions to the online services. The main risk that Procon-SP explains when it comes to this issue is that "the consumer may be left without a product, without a response and without assistance".

However, there's another issue related to this conflict, as Nintendo doesn't have formal legal representation based on Brazil. Given this instance, Procon-SP had to contact the company's HQ based in the United States, to which Nintendo appointed a law firm in Brazil to handle such case, but only in regards to the disputed clause.

Nintendo will review the case, and they will respond within 20 days, but Brazilian users and customers are recommended by Procon-SP to report any irregularity to their main website to assist with the case.

Source

 

[x65943]

Am I missing something? I thought Nintendo didn't even officially sell products in Brazil (since ~2015)

One clue to this is the fact the Brazilians had to contact NOA

I doubt they will be able to really force ninty's hand one way or another if they have 0 financial stake in the country

Edit: jk nintendo is back in Brazil

 

[ShadowOne333]

Am I missing something? I thought Nintendo didn't even officially sell products in Brazil (since ~2015)

One clue to this is the fact the Brazilians had to contact NOA

I doubt they will be able to really force ninty's hand one way or another if they have 0 financial stake in the country

A bit late but they've been back in Brazil for 5 years now:
https://www.gamesradar.com/nintendo-switch-brazil/

 

[SecureBoot]

That's cool but I doubt anything useful comes of it

 

[DeadSkullzJr]

Good luck. I still think people are taking the whole "ban" thing to the worst extremes, but whatever.

 

[Moe87]

I think it would enable Nintendo to withdraw the business from Brazil and their customers would have to import Switch from the US or other countries.

 

[RyanTheArchivist]

View attachment 514236​

In a recent post from a couple of months ago, it was reported that Nintendo had updated their End-User License Agreement (EULA), in which they specified that the user cannot sue Nintendo through a class-action lawsuit, and that if the user of a Nintendo hardware was detected to have been using the console in an unauthorized way by Nintendo, be it homebrew or any other modification to the console, that Nintendo could not only ban, but even render "the applicable Nintendo device unusable".

The update sparked quite the debate online about the implications of said changes, with some saying that the changes made to the EULA were referring to the right of Nintendo the ban the console from online services, to others saying that Nintendo will outright brick the console that the consumer purchased.

All that heated debate seems to have gotten into the ears of higher-ups in Brazil, with the consumer protection agency, Procon-SP, claiming that the changes to the clauses made by Nintendo in their EULA are flat-out abusive to Brazilian customers, with the main complaint being the unjustified and unilateral cancellation of subscriptions to the online services. The main risk that Procon-SP explains when it comes to this issue is that "the consumer may be left without a product, without a response and without assistance".

However, there's another issue related to this conflict, as Nintendo doesn't have formal legal representation based on Brazil. Given this instance, Procon-SP had to contact the company's HQ based in the United States, to which Nintendo appointed a law firm in Brazil to handle such case, but only in regards to the disputed clause.

Nintendo will review the case, and they will respond within 20 days, but Brazilian users and customers are recommended by Procon-SP to report any irregularity to their main website to assist with the case.

Source

I think my favorite thing about all this is people just realized this clause now. This has been in their TOS since the Wii days and apparently only now it's a problem lol.

 

[BlusterBong]

this means fucking nothing because...

ONE!:This is Brazil and therefore South America, this means nothing because they don't sell much there, even when the Switch 2 was getting close to launch, they canceled the launch in many South American countries, so it's obvious they don't give a shit about South America besides a handful of countries located there so this "challenge" is better literally anywhere else.

TWO!: Microsoft and Sony had similar clauses in thier ELUA, especially Sony, whose had it for quite a while now and is also enforcing it with the PS5, so they had a better, easier to work with target for a very long time, but chose the one that was trendy even though they were late to the party for a long time (even more so when the bans have come from people using the MIG Switch on Switch when the TOS very clearly says that stuff like it is not allowed)

THREE!: Even if this does somehow succeed, it's only going to work in South America, nowhere else this isn't like the Stop Killing Games movement where it succeeding will force companies to do something that will have to be compliant with EU regulations or they can't, there's nothing stopping them from selling it in a country in South America where the ruling is isn't in Nintendo favor isn't enforced and the ruling outside of South America will mean as much as U.S Patents in non-U.S countries, which is to say it means nothing.

I think this is just @ShadowOne333's wishful thinking with featuring this given the Gmod Mario in the image and well... Nintendo is actively being provoked here with Procon-SP doing this. And yes, the pointing was done in the style of part of a Weird Al Song, what of it?

 

[The Real Jdbye]

I think my favorite thing about all this is people just realized this clause now. This has been in their TOS since the Wii days and apparently only now it's a problem lol.

The new terms are a lot more aggressive than the old one. They're straight up implying they'll intentionally brick your console if you try to modify it or run "unauthorized software" in any way.
The old terms only said modding may render your device unusable. Which is just a typical disclaimer so Nintendo doesn't bear responsibility if you screw up your mod or updating your modded system somehow bricks it, or whatever else. These terms are excessive and go beyond a typical disclaimer. So no, it's not the same thing.

 

[RyanTheArchivist]

The new terms are a lot more aggressive than the old one. They're straight up implying they'll intentionally brick your console if you try to modify it or run "unauthorized software" in any way.
The old terms only said modding may render your device unusable. Which is just a typical disclaimer so Nintendo doesn't bear responsibility if you screw up your mod or updating your modded system somehow bricks it, or whatever else. These terms are excessive and go beyond a typical disclaimer. So no, it's not the same thing.

I mean we've already seen what this is though. We've seen people get their consoles banned via mig switch and its basically identical to what they did with Switch 1 units. Basically all consoles have clauses like this in their TOS.

Though with people making up stories and spreading false info on a daily basis I suppose I can't really take anything seriously if it's Nintendo related.

 

[Ettino]

I think it would enable Nintendo to withdraw the business from Brazil and their customers would have to import Switch from the US or other countries.

Brazil: Surprised Pikachu

 

[MrVtR]

Just remembering you guys, here in Brazil we managed to get Sony to legally remove the PS5 bans a few years ago, when they mass banned users because of the PS Plus collection "exploit", where there were people selling the possibility of redeeming games on other people's consoles.
https://ge-globo-com.translate.goog...=pt&_x_tr_tl=en&_x_tr_hl=pt-BR&_x_tr_pto=wapp

And PROCON-SP fined Apple a few years ago too:
https://www-cnnbrasil-com-br.transl..._x_tr_hl=pt-BR&_x_tr_pto=wapp&_x_tr_hist=true

So, don't be surprised if PROCON-SP or TJ-SP force somehow Nintendo to respect our consumer protection code, at least, here in South America.

 

[NitroRevolutionNX]

Hope my country can make Ninty bow for them.

 

[BlusterBong]

Just remembering you guys, here in Brazil we managed to get Sony to legally remove the PS5 bans a few years ago, when they mass banned users because of the PS Plus collection "exploit", where there were people selling the possibility of redeeming games on other people's consoles.
https://ge-globo-com.translate.goog...=pt&_x_tr_tl=en&_x_tr_hl=pt-BR&_x_tr_pto=wapp

And PROCON-SP fined Apple a few years ago too:
https://www-cnnbrasil-com-br.transl..._x_tr_hl=pt-BR&_x_tr_pto=wapp&_x_tr_hist=true

So, don't be surprised if PROCON-SP or TJ-SP force somehow Nintendo to respect our consumer protection code, at least, here in South America.

Woowie, they got Sony to walk back a ban that doesn't even count for the clause where violating the ELUA in any other way that Sony sees fit will result in a ban and fined apple for *checks notes* roughly the equivalent of $2 Million USD during a time where the Brazillian economy was going in a downward spiral and the exchange rates for it to USD were plummeting (the Brazilian Real had an exchange rate of almost 0.2 in March 2020, the time of year when they did the fine, which Apple probably regained the very next day so it was a simple slap on the wrist.)

Nintendo is totally doomed this time guys.

 

[poughstings]

Does this organization get their news from Reddit? Lmfao

 

[MrVtR]

Woowie, they got Sony to walk back a ban that doesn't even count for the clause where violating the ELUA in any other way that Sony sees fit will result in a ban and fined apple for *checks notes* roughly the equivalent of $2 Million USD during a time where the Brazillian economy was going in a downward spiral and the exchange rates for it to USD were plummeting (the Brazilian Real had an exchange rate of almost 0.2 in March 2020, the time of year when they did the fine, which Apple probably regained the very next day so it was a simple slap on the wrist.)

Nintendo is totally doomed this time guys.

Not exactly, my point is that this have very few chances to result in something, but if it does, don't be surprised.
Nintendo is not doomed, nor I said that lol

 

[BlusterBong]

Not exactly, my point is that this have very few chances to result in something, but if it does, don't be surprised.

Again, even if this does do something, it's only going to be impactful in South America or just Brazil, even more so because just doing some searching dug back up that the government higher ups forced Apple to bundle chargers in Brazil (plus more fines), but again, it's only in Brazil, they still don't have to do it everywhere else in the world, even with the newest IPhones that have USB-C because Europe strongarmed them to do so or else IPhones wouldn't be allowed to be sold in the EU Period.


It's almost like if you only restrict it to one area, and not an entire nation, corporations are just going to play ball for that area only and pretend like nothing happened everywhere else.

 

[Moe87]

Nintendo is not doomed, nor I said that lol

I do think he talked about Wii U era (between 2013 and 2016) that where Nintendo is doomed.

Despite about Wii U failure, Nintendo is success with 3DS.

 

[YoureALoser]

Just remembering you guys, here in Brazil we managed to get Sony to legally remove the PS5 bans a few years ago, when they mass banned users because of the PS Plus collection "exploit", where there were people selling the possibility of redeeming games on other people's consoles.
https://ge-globo-com.translate.goog...=pt&_x_tr_tl=en&_x_tr_hl=pt-BR&_x_tr_pto=wapp

And PROCON-SP fined Apple a few years ago too:
https://www-cnnbrasil-com-br.transl..._x_tr_hl=pt-BR&_x_tr_pto=wapp&_x_tr_hist=true

So, don't be surprised if PROCON-SP or TJ-SP force somehow Nintendo to respect our consumer protection code, at least, here in South America.

A lot of people fail to realize that Sony only released a modular PS5 because of the lawsuit in Brazil. It was ruled illegal to ban a console that can only play digital games. Reason being, a ban on a digital only console is the equivalent to bricking the device.

 

[BlusterBong]

I do think he talked about Wii U era (between 2013 and 2016) that where Nintendo is doomed.

Despite about Wii U failure, Nintendo is success with 3DS.

I mean, pretty much a large amount of what came before the past few years and how things are going right now, a lot of people have been clinging onto one thing or another and saying "SEE!, SEE!, THIS IS REALLY GONNA DO THEM IN THIS TIME!", from things like the switch emulation forks, the palworld lawsuit, the Switch 2 motherboard and design leaks, to the reveal and price point of $450 console, $80 Mario Kart, to the "hack" that didn't do anything but was treated as if the entire thing was cracked wide open, to the recent update for $80 Mario Kart.

Each and every time, a big portion of people point to those sorts of things and acted like Nintendo will totally fall into financial ruin or have a large uprising of consumers this time, Just two more weeks to kill the bing bing wahoo!, only for ethier nothing to happen or things going in Nintendo's favor (like how the Switch 2 ended up breaking launch records and outsold the Steam deck in it's entire lifetime within one week.) and people jump ship to the next thing that will finally close the walls and kill Nintendo as a buisness. the Mario on PS4 meme broke a lot of people's brains, methinks.