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

 

[anhminh]

Well, good fucking luck. Nintendo would rather stop doing business in Brazil than make an exception for them. And Sony and Microsoft would follow them to since they are using the same term in their.

 

[Reploid]

GO BRAZIL

 

[Moe87]

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.

I can see now and yeah, it make sense.

Post automatically merged: Jul 2, 2025

Well, good fucking luck. Nintendo would rather stop doing business in Brazil than make an exception for them. And Sony and Microsoft would follow them to since they are using the same term in their.

It would be called Sony-Microsoft Consolidated Corporation, lol.

 

[The Real Jdbye]

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.

They can't legally brick your console, it's just a scare tactic.
That doesn't make me dislike it any less. It continues the long string of bullshit Nintendo has pulled in recent times. They're just bullying everyone to get their way at this point. That is the worst kind of abuse of the legal system.

 

[Purple_Shyguy]

Why didn't they do this for the last 8 years with the Switch?

 

[rantex92]

This is Great I hope nintendo loses and the Next case is around the corner :

if the european court wins against Sony and their Sony tax there is a good Chance Nintendo will change their nintendotax without any legal Battle since the Sony case will be a precendence like the apple case before

https://www.eurogamer.net/sony-sued...x-and-its-perceived-monopoly-on-digital-sales

 

[Maximumbeans]

BR says: DON'T come to Brasil

 

[Kitocco]

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

This has already been the case for decades thanks to exorbitant import taxes that jack up the prices for (official) consoles & games to over double their prices here in the states. It’s also part of why the Master System is still popular, as well as the PS2 with its security busted wide open allowing for bootlegs and backups.

 

[NinStar]

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.

Your reasoning is kinda weird. "if something comes out of this it's only going to happen in that specific place" yes? that's literally the point here, and the comparison to EU is disingenuous, the outcome would likely be the same in any other country in the world that is not part of an union, or you think the only viable option for something like this would be if we had a global government that forced them to follow the same rules everywhere in the world?

 

[Skelletonike]

Nintendo is just more likely simply skip out on the country again, if anything does happen.

The market for Nintendo in Brazil is already pretty weak, they left during the 3DS days and only returned in late 2020 after the Switch had already been an established success worldwide (and Covid was going on).

There's also a lot of other factors to take into consideration, Brazil is huge on Piracy, out of all the Brazilian people I know that live in my country, only one actually buys the games, and this is in Europe. In Brazil the prices of games are very expensive for the average salary so people go for the easy and cheaper option and eventually make a habit out of it.

I can't find official sources for this, but it seems that Brazil also has very high tariffs on imports. Seems like Nintendo increased it's software price a few months ago in South America (Sony seems to be doing the same recently but on an individual scale from what I've read).

--

Just found out that this whole thing started in May with another process, which resulted in zilch.

 

[ut2k4master]

theyre not bricking any systems so it doesnt really matter anyway

 

[Jayro]

If Brazil wins this, it would be an absolutely monumental blow to Nintendo, and other countries might (and should) follow suit!

 

[Reploid]

theyre not bricking any systems so it doesnt really matter anyway

They waited to see if someone gonna sue them first. Now that they sued, the won't.

 

[Xzi]

Nothing will come of it, but I applaud the effort nonetheless. "Render inoperable ... in whole" is a bridge too far. "In part," aka banning people from their online services, is still extreme given the walled garden nature of consoles, but at least it's the standard/expected amount of control for the company to have over these systems.

 

[SDA]

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

They do sell products there, and even the games are officially translated in Brazilian Portuguese.

 

[LoggerMan]

Brazillions pay a lot more for their modern gaming, relative to their currency value and median income. So they have even more incentive to pirate, and it'll hurt them even more when their consoles get bricked.

 

[ertaboy356b]

I like how Brazil is going after Nintendo but then charge their gamers exorbitant taxes just to sweeten the deal.

 

[Gunstorm]

Theres so fun read people here instead of pushing for something that helps consumers, people are acting like fanboys for a multi-billion dollar company on comments.

 

[NinStar]

I like how Brazil is going after Nintendo but then charge their gamers exorbitant taxes just to sweeten the deal.

This is not entirely true, at least not when it comes to software specifically. The real issue with this is that Nintendo never localize the price of their software while most third parties localize their prices. So everyone has to pay a direct conversion of the USD MSRP when it comes do Nintendo games, which makes absolute no sense depending on the currency.

 

[Marc_LFD]

Brazil? I had forgotten they even sell Nintendo stuff there.

Still, good luck.