Hardware Banned Switch -> Legally Bought Games -> Forces Update -> Blocks me from updating

[TotalInsanity4]

Good luck doing anything about it. Nintendo is breaking European laws for years. For example, if you change the software of something, you lose the software warranty, but you keep the hardware warranty. That means that if you hack a console which then PHYSICALLY breaks, they have to cover it in your warranty. But guess what? Nintendo doesn't give a fuck. You hacked, they say your warranty is voided and that's that. No repair for you. Which is illegal in Europe.

For what it's worth, that's also super illegal in the US. The 1970 Magnuson-Moss Warranty Act declares that a manufacturer warranty can not to conditional in any way, shape, or form (for instance, breaking a "warranty void" sticker, or more recently, modifying software. In fact, in the US you'd actually be in the RIGHT to delete the update notification manually, as the DMCA was just ammended to exclude software modification for repair). I do actually seriously recommend talking to a lawyer, regardless of whether you live in the US or EU. Best case, you start a class-action lawsuit that puts Nintendo in its place and allows a bunch of people to reap the benefits. Worst case, Nintendo settles to avoid publicity and you get a fistful of money. The choice would be yours, they're very clearly in the wrong

 

[scionae]

If you haven't found an answer yet, go into DevMenu (install the NSP or in any way) and remove the game firmware requirement.

 

[awdrifter]

Not sure about the rest of the world, but it isn't legal in Europe.


It's not in Europe. The law is more important than the ToS and European law says they can't do that.

Then would you be able to update if you use an European VPN server?

 

[osm70]

Then would you be able to update if you use an European VPN server?

The thing is, you can't update even if you are in Europe. Nintendo is breaking the law.

 

[Deleted_413010]

Sure, block me from online, i dont care, but you cannot legally prevent me from playing a game I legally bought

Welcome to Nintendo!

 

[duffmmann]

Nice nintendo.

Have a Switch on v5.1.0, game supports that version fully, I attempt to open the game, it forces me to download update data for the game, it forces me to update my system to update the game, I go to update my system, Nintendo blocks me from updating.

How is this legal?
I havent even pirated or cheated, I just hack my switch for custom home menu + custom avatar

Latest Firmware
Games are cartridges
Worst thing ive done to ToS is install to mess with SX OS for a bit
Never even installed a game at the time

"How is this legal?
I havent even pirated or cheated, I just hack my switch for custom home menu + custom avatar"

Do people even read what they type? It's not hard to understand how it happens, if you hack, you should know the risks and responsibilities you take on depending on the system you're hacking.

 

[Jayro]

https://gbatemp.net/threads/nintendo-is-using-isps-to-catch-pirates.526515/

Sure glad I pirate my games using a VPN, yikes. Had SX OS since launch, and I play Splatoon 2 in OFW, no ban yet.

 

[Pleng]

Sure, block me from online, i dont care, but you cannot legally prevent me from playing a game I legally bought

I guess the response would be along the lines of "the game is only playable on compatible hardware". A hacked switch is no more approved hardware for the product that you purchased than an XBONE or a microwave oven.

You can legally do what you like with your hardware; but if that renders the hardware unable to use software or peripherals designed for it then tough cookies.

 

[g00s3y]

Lmao

 

[blahblah]

Why is this thread still open? The argument made in the OP has no basis in law or common sense.

 

[mickthestud]

Hang on a second here... if the cart requires a certain firmware version, it would be ON the game card and thus installable offline. Aside from that, Nintendo bans STILL ALLOW you to update the system firmware online. I think your problem is that SX is blocking the update from happening. You need to turn off AutoRCM and boot to normal Horizon then try your update if you want to do it the proper Nintendo way.

I have two banned switches at home and both won’t allow me to connect to Nintendo to update games or firmware

 

[SonyUSA]

I have two banned switches at home and both won’t allow me to connect to Nintendo to update games or firmware

You can still update from cart