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

 

[matpower]

Reading these threads is always hilarious, people really think that Brazil is a small market or that we're still playing with Master Systems or PS2s.

Anyway, PROCON-SP has been quite effective at pushing back anti-consumer practices as previously mentioned (iPhone chargers, Sony console bans over PSN Gold Collections, etc), so they might able to get an agreement on the TOS stuff (even if it's not being enforced rn).

 

[Skelletonike]

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.

The system itself is not bricked, but rather banned from online services.
This ban will only happen if you use a certain device that facilitates piracy and piracy itself IS illegal even in Brazil (https://www.gov.br/mj/pt-br/assunto...l-e-reporta-mais-de-8-mil-sites-ilegais-a-onu).

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.

I just checked eshop and PSN prices in Brazil and the games have similar pricing (with the most expensive games costing 499reais on the eshop and 455reais for PSN, there was a substantial increase in PSN prices last week).

 

[SDA]

Reading these threads is always hilarious, people really think that Brazil is a small market or that we're still playing with Master Systems or PS2s.

Luckily, I don't think the same. Every Mario game for the Switch has been officially localized for that market for example.

(Also I really adore PT-BR fan translation projects)

 

[DJPlace]

nintendo needs to stop being a whiny little PUNKS IMO.

 

[yankii]

Somedays it feels like I'm the only person here to have read the back of a Switch 1 game case.

 

[chrisrlink]

if the gov here (US) wasn't run by clowns and had consumer protectioms on par with other western countries hell if i hypetheticly won the WH i'd actually sanction nintendo for several reasons (Palworld being the main) but switch 2 bricking will be a 2nd place prize)

 

[FFTW]

Respect to Brazil for that.

 

[Skelletonike]

Luckily, I don't think the same. Every Mario game for the Switch has been officially localized for that market for example.

(Also I really adore PT-BR fan translation projects)

They did the same for Portugal and we're a really small market, so that doesn't mean much.

 

[Kioku]

Am I the only one who sees this going nowhere?

 

[Ruryk]

As a lot of you guys said before, this action by itself is probably not going anywhere, but I would not underestimate its significance as a whole. I believe it a least sets a precedent from where regulatory agencies from other countries or the EU could also take future action, and maybe - just maybe - could force Nintendo and the other companies to review some of their most abusive practices. The companies nowadays are too powerful, behaving as if we the consumers have just the right to bow and obey to what they dictate, as if it's our privilege to buy theirs products and services, so maybe this is a first step in the right direction.

And last, but not least, VAI BRASIL!

 

[Blavla]

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.

TOS does not mean anything if it´s against the law in a country where they sell there product .

 

[doorbell8423]

.

 

[NyaakoXD]

Okay, that's great and all, but how come they didn't go after Sony and Microsoft for their similar EULAs and such?

Almost as if they targeted Nintendo for some other specific reasons...

 

[andersoncardoso]

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

nah they leave us in 20215

 

[Reecey2]

Yeah good luck to Brazil on that one if Nintendo have clearly stated it within there license agreement there’s not a lot they can do. No legal team can upheld that in a court

 

[rucadi]

The system itself is not bricked, but rather banned from online services.
This ban will only happen if you use a certain device that facilitates piracy and piracy itself IS illegal even in Brazil (https://www.gov.br/mj/pt-br/assunto...l-e-reporta-mais-de-8-mil-sites-ilegais-a-onu).



I just checked eshop and PSN prices in Brazil and the games have similar pricing (with the most expensive games costing 499reais on the eshop and 455reais for PSN, there was a substantial increase in PSN prices last week).

The system bricks if you factory-reset the switch, since it requires a Nintendo account to setup.

 

[RyanTheArchivist]

TOS does not mean anything if it´s against the law in a country where they sell there product .

And that's why it varies from country to country. Though truthfully every TOS has shit that probably isnt legal. The problem doesn't really become a thing until the company tries to enact their claims in the TOS. Though that also brings into the idea of us willingly agreeing to it without question.

 

[SDA]

They did the same for Portugal and we're a really small market, so that doesn't mean much.

Sure, Portugal may not be that big, but Brazil is the third largest country in the world and saying that Nintendo does not market there is the limit for me.

 

[Blavla]

Yeah good luck to Brazil on that one if Nintendo have clearly stated it within there license agreement there’s not a lot they can do. No legal team can upheld that in a court

That is false. If the user agreement contradicts the law in Brazil, then N will lose, and it will trigger a chain reaction.

 

[Skelletonike]

Sure, Portugal may not be that big, but Brazil is the third largest country in the world and saying that Nintendo does not market there is the limit for me.

I mean actual localisation, European Portuguese and Brazilian Portuguese have their differences (more so than UK/US English) and the dubs and subs are different.

Heck, they even localised games for the Portuguese market during DS days (which was way smaller than nowadays), we have a small market share and they still bothered to do that.

As for Brazil, it's not that profitable for Nintendo (compared to Sony and even Xbox), hence why they would have no issues dropping it once more if they deem it "necessary".