I just had the funniest vision of Reggie actually holding the guy down and teabaggin' him.
That entirely depends in the country you are from here TOS are illegal and you can legally modify your console any way you want as long as you are not using it for pirated software. So if Nintendo were to ban people just for modding their consoles here they would be breaking the law unless they could provide proof the console had pirated software on it.
Does not matter tos are totally illegal and can't be enforced its as simple as that lol.
It's still pretty simple for them to ban you anyway. It's a service and they can deny service to anyone they want.
They could try to but they would be taken to court and they would lose unless they removed the service for every switch ever made they can't deny services to some and not others especially people who did not break the law here. A few years ago Sony and Microsoft lost a court case here where they were refusing to fix in warranty ps3/xbox360s that had been modded. They lost the case and had to pay a huge fine and repair or replace all the consoles they refused to fix. Company's simply won't get away with enforcing TOS here.
Err that's all about piracy and mod chips which are illegal. modding your console with software and using it legally and not for piracy would not be covered in this instance.
Nor would what you said about Sony.
Here Using the service legally they would be breaking the law to deny you the use of it unless they removed the service for everyone. I fully get where you are coming from though and certain aspects of your argument are certainly grey areas when you factor in the fact that here we have Scottish laws then Great British laws and then European laws and all 3 at times contradict each other. It will be easier next year when brexit happens and we have a lot less enforceable European laws.
I guess it's best left for the courts to decide. Meanwhile I'll be hacking and modding and sticking it to the man as usual.
