One things for sure with this thread, digital goods. Have the laws kept up with time? What actually are YOUR rights? Since 2 parties say different things, rulings has been done before, ToS not valid in some countries, EULAs are just paper information without legal ramifications and people are generally not nice in here. Since when asked, they can't show prove to stand their ground either about digital goods, some think they know more than others without providing information and therefore their argument is worth as much as sour milk. No one wants to it and it gives of a bad smell.
As some say, the company have all the rights, and no obligations. So if a ToS claim that they have the right to go home, once you own the game for 5 years and recover it. That wouldn't hold in a court. This is why a consumer must stand his right, expecially when physical media isn't in the picture. I've taken the liberty to seek further about how the real world, with real lawyers can hopefully check up or at least see if they're interested in getting a court ruling about digital goods. It's a fact that physical media is dying, so we must have clean rights and not just obligations as customers.
This isn't about getting the consoles unbanned for me, it's about what will happen later, since there is nothing right now what say Nintendo won't ban your eshop account.