Confront your own rights against Nintendo!

[Marc_LFD]

Yes, of course, private copying is wrong. It harms their company, and they lose what drives the world today: money. We humans need money for all the hours we work, so of course, it harms Nintendo. But by punishing those with disabilities by blocking Datel or all cheat devices, Nintendo has also led to their consoles being modified for that reason. Then, yes, there is also private copying. One thing that significantly contributes to this is the ridiculous policies of countries not to release certain games, movies, and music everywhere, and that's where it all begins. But there are those who make backups or dumps of their games to make them perhaps harder, more fun, and so on for personal use, as long as you don’t share the modified game files. Unfortunately, this is where the error arises that creates the duality in private copying.

Private copying is wrong? So regardless if people buy a product, they can't make copies for their own private use... Okeh.

Any corpo bootlickers (not talking about you, Joxy) can take a hike about how it hurts their favorite companies.

 

[Ygolonac]

If they are just banning you from using their online ( a service you would have to pay for ) it's not really a big deal. I think the only potential issue comes from it being a hardware ban rather than an account ban. It limits your ability to resell the item. They would need some way to ban people without touching the hardware, some way to unban the hardware when resold or some way to ban accounts that can't be overcome by just making a new account.

 

[Marc_LFD]

If they are just banning you from using their online ( a service you would have to pay for ) it's not really a big deal. I think the only potential issue comes from it being a hardware ban rather than an account ban. It limits your ability to resell the item. They would need some way to ban people without touching the hardware, some way to unban the hardware when resold or some way to ban accounts that can't be overcome by just making a new account.

It is a big deal because they block game updates and firmware updates and those are very important for console and gaming these days.

The YouTuber Scattered Brain had his NS2 banned and then went and bought a second one what an idiot.



Fanboys don't mind sucking their fave companies .

 

[Turant]

It is a big deal because they block game updates and firmware updates and those are very important for console and gaming these days.

The YouTuber Scattered Brain had his NS2 banned and then went and bought a second one what an idiot.



Fanboys don't mind sucking their fave companies .

If he gets $$$ for it, why not? I wouldn't buy a second Switch 2, but I have the money to get what I want, so why not just get what I want?

 

[Marc_LFD]

If he gets $$$ for it, why not? I wouldn't buy a second Switch 2, but I have the money to get what I want, so why not just get what I want?

Probably will, but he did just what Nintendo wanted.

Nintendo Stockholm Syndrome.

 

[realtimesave]

I'm fine with "not owning" my Switch 2. I'll buy the games that I like. idc. Already have exploited the piss out of their previous system anyways.

 

[Turant]

I'm fine with "not owning" my Switch 2. I'll buy the games that I like. idc. Already have exploited the piss out of their previous system anyways.

Tbh if there ends up being some exploit, I'll grab a second one for my kids lol ez win

 

[realtimesave]

Tbh if there ends up being some exploit, I'll grab a second one for my kids lol ez win

Everyone knows I would too even though it is 450 bucks plus tax. Only reason I would hope there's no exploit is cos collecting all these "free" games takes some time and effort haha

 

[Bladexdsl]

nintAPPLE gonna do what nintAPPLE gonna do

 

[Skv0ra]

i think not owning something you buy is bullshit has a real thing. (i know if you buy digital games you don't own them) but still...

You own it, the hardware, but proprietary OS it runs comes with ToS and if you break it after agreeing to the ToS, sadly the mfg can cut your access to it....... What else can Swatch do without its OS/online functionality? Nothing. Now, is that your fault for buying a predetermined, to your intended usage, product, or the bullshit its company set up to prevent you from "that;s not how you play our game"?

Strictly technically speaking, that's why we have emulators and such - to avoid using the mfg's software tied to their ToS.

Did lots of you forget when banking apps on phones refused to work on rooted Androids because of SeCuRiTy IsSuEs? It's a similar deal. Who remembers when say, Samsung, had their own app store? They could've well forced you into ONLY using that on their devices via bloat and ToS, much like Apple does, and what YOU can do is avoid their products.

With car examples - if you buy that electric VW that has to run on VW's software, and they introduce some ToS you HAVE to agree to prior to your microwave purchase, they're thus allowed to cut whatever functions they want that rely on their OS that runs those parts of the microwave. No food for you for wanting to play an MP3 vs Spotify+.... Same with BMW and the whole heated seats subs, or sport mode sub for their electronic control over the suspension. You have the sport suspension, you can unplug the fucker and manually wrench it to whatever setting you want, but if you want to adjust it with their Apple button - you agree to their ToS that involves a mandatory sub.

I obviously hope we get class actions sicked on big Nderp and others, but realistically when they start going overboard with their bullshit - just don't buy their products that were designed to easily enforce ToS remotely. Simple as that. And again, until there's a mad class action of sorts - there's zilch you can do besides hax. And with hax, you effectively neuter online servers and net multiplayer that are provided behind the evil ToS.

 

[Ondrashek06]

Nintendo can ban your console or account for any reason they deem fit. You do not have any legal grounds to sue them for a ban.

 

[EmanueleBGN]

Hardware is your, software is Nintendo's.
Nintendo doesn't damage your hardware, they block you from using their services if you don't respect their TOS, but you still can use anything you have. You have a legit game card? Good, use that - not an unauthorised copy (even if it's your).
Even on GBAtemp you could be blocked and banned if you write something against the rules.
Don't be hypocrite: we all know that MIG, R4, Atmosphere, Luma etc. are developed for legit backups but, in the end, they are used mostly for piracy

 

[Shadow_The_Hedgehog82]

A Critical Look at Nintendo's Ban Policies: Your Rights as a Consumer

If you've had your Nintendo console banned for using a flashcart like Mig Switch, even when only playing backups of your own legally purchased games offline, it's crucial to understand your rights and the potential legal vulnerabilities in Nintendo's approach, particularly outside of Japan. This issue isn't just about piracy; it's about consumer ownership, the right to modify personal property for individual use, and digital accessibility.



Strong Legal Precedents in Europe and the USA

Nintendo's aggressive banning policies directly conflict with established legal precedents in major markets:

• European Union (EU): A Consumer-Centric View
  • The Datel vs. Sony Ruling: A landmark EU Court of Justice ruling unequivocally stated that modifying "variable data" (like in-game cheats or save files) in a console's RAM during runtime does not constitute copyright infringement. EU copyright law protects the source and object code, not the temporary data generated during gameplay. This means that using tools like Action Replay or similar methods for personal, offline gameplay is legally protected.
  • Right to Repair Legislation: New EU laws explicitly grant consumers a stronger "right to repair" their purchased products. While primarily focused on repairability, these laws increasingly emphasize consumer ownership and limit manufacturers' ability to obstruct modifications or independent repairs through software or hardware. Arbitrary bans of purchased devices for non-harmful, offline modifications challenge the spirit of these laws.
  • Consumer Protection: EU consumer directives emphasize fair usage and product durability. Rendering a console partially or fully inoperable for activities that do not infringe copyright or harm others (like offline personal use of game backups or mods) could be challenged under these frameworks.
• United States (USA): Fair Use and Device Ownership
  • The Game Genie Ruling (Galoob vs. Nintendo): A significant US court decision found that the Game Genie, a device that allowed players to modify games in real-time (similar to cheats), did notinfringe Nintendo's copyright. The court reasoned that the temporary changes in RAM did not create a "fixed" derivative work and constituted non-commercial fair use. This precedent strongly supports the legality of personal, offline game modification.
  • Digital Millennium Copyright Act (DMCA) Exemptions: While the DMCA prohibits circumvention of copy protection, the Librarian of Congress grants triennial exemptions. These have included exemptions for "jailbreaking" smartphones and other devices for personal use, repair, and even for preservation of video games. Arguments can be made for broader exemptions that protect a user's right to modify their purchased console for non-commercial, offline purposes.

Japan's Stricter Stance: Limited Global Reach

It's true that Japan has far stricter laws regarding console modification and the distribution of related tools (e.g., amendments to the Unfair Competition Prevention Act). Recent convictions in Japan reflect this tough stance. However, it's crucial to understand that:

• Jurisdictional Limits: Japanese laws primarily apply within Japan. They do not automatically override consumer rights and legal precedents established in Europe or the United States.
• No Power Beyond Borders: Nintendo cannot enforce Japanese law on consumers or companies operating in regions with different legal frameworks. Attempts to do so can lead to costly and losing legal battles, as seen with Datel in both the EU and USA.

The Impact on Players with Disabilities: A Moral and Ethical Imperative

Nintendo's blanket bans disproportionately harm players with disabilities. For many individuals with conditions like Asperger's or ADHD, features like invincibility, unlimited resources, or modified game mechanics (achievable through cheats and mods) are not about "cheating" but about accessibility. These modifications allow them to:

• Overcome Frustration Barriers: Avoid repetitive failures or overly complex challenges that can lead to intense frustration and prevent enjoyment.
• Engage with Content: Focus on storytelling, exploration, or creative aspects of a game that would otherwise be inaccessible due to challenging gameplay.
• Achieve Inclusion: Participate in and enjoy a popular cultural medium that is often designed without their specific needs in mind.

By banning consoles for these forms of personal, offline modification, Nintendo effectively excludes a segment of its fanbase. This raises serious ethical questions and could potentially be challenged under disability discrimination frameworks, such as the Americans with Disabilities Act (ADA) in the US, which promotes equal access.



Nintendo's Strategic Risk: Losing its Global Customer Base

If Nintendo continues to ignore established legal precedents in major markets like Europe and the USA, and maintains its draconian policies against personal, offline modifications, it risks:

• Legal Challenges: Facing more lawsuits in the EU and US, potentially leading to costly defeats and financial penalties.
• Public Relations Backlash: Alienating a significant portion of its global customer base who value consumer rights and device ownership.
• Damaged Brand Image: Being perceived as an anti-consumer company that prioritizes absolute control over player enjoyment and accessibility. This could severely impact future console and software sales outside of Japan.

Nintendo's historical blunders, like alienating Sony (leading to PlayStation's rise) and SquareSoft (losing Final Fantasy), demonstrate that a rigid, controlling approach can have severe long-term consequences. In the modern era, where consumer advocacy and digital rights are increasingly important, ignoring these global trends will prove detrimental to their success.



It's time for Nintendo to reconsider its policies. While combating online piracy and cheating is a legitimate goal, punishing consumers for personal, offline use of their purchased property – especially when it serves as a vital accessibility tool – is not only legally dubious in many regions but also morally indefensible and strategically short-sighted. Consumers have rights, and companies that disregard them risk losing market share and public trust.

lol id like to see someone email this to them and ask for unban

Post automatically merged: Jun 22, 2025

Hardware is your, software is Nintendo's.
Nintendo doesn't damage your hardware, they block you from using their services if you don't respect their TOS, but you still can use anything you have. You have a legit game card? Good, use that - not an unauthorised copy (even if it's your).
Even on GBAtemp you could be blocked and banned if you write something against the rules.
Don't be hypocrite: we all know that MIG, R4, Atmosphere, Luma etc. are developed for legit backups but, in the end, they are used mostly for piracy

mig and r4 are definitely developed for piracy

 

[Ygolonac]

I'm gonna be honest, as much as I dislike Nintendo and Major game companies in general, i'm not really that upset with however they try to deal with piracy and its greater ecosystem ( including legitimize use of unlicensed hardware) It's an arms race. I am stealing your games because you let me, if you don't I might buy a couple here and there. If your anti-piracy tech impacts legitimate consumers too much, they/we may skip purchases.

Piracy does benefit Nintendo in that the potential for it got me to buy a switch 2 at launch, which I would never do otherwise.

Nintendo could brick my console and i'm not going to court over it. Skill issue on my part if that were to happen, just like it's a skill issue on their part I have access to a free E shop.

 

[rave420]

Back in the day when I was a scrub I used to cheat online in Dead by Daylight. I did it on my main account which had lots of in-game purchases to unlock characters and other content, many of which I paid for over the years. When I rightfully got EAC banned, I have zero right to seethe about losing access to my purchases. Because it is an online only multiplayer game, I essentially lost access to everything. I can still log in, but can't join any matches, which essentially killed access to the game's main purpose on my end.

I see this whole situation here as something very similar, and it would be extremely hypocritical for me to complain about the consequences of my actions. I knew going in that I was doing a thing which I shouldn't have done if I wanted to keep my account in good standing, and I fully accept the ban as part of the consequences. If I didn't want to risk a ban, I should not have cheated (breaking their terms of service). Long story short, I am amazed that people are shocked at receiving a console ban for using unauthorized third party accessories and software.

And no, I don't suck off Nintendo, I have two switch consoles, one modified and permanently grounded as an offline-only device, and an unmodified console which I use for everything else I care about and online play in titles that I legitimately own. People can't just expect to use their pirated or "backup" copies online and get away with it, that sort of attitude is kind of wild and pretty entitled to be honest. If you still want to do it, just do it under the assumption that your actions could cost you your account and everything associated with it. Least of all people could be smart enough to use an alternate account that doesn't have all of their purchases on it, so that if the account and console gets rightfully banned or blacklisted or whatever, they can get another console and still have access to their purchases.

I will never grasp how people who knowingly break the TOS, user license agreement, or whatever else, complain about the consequences of their actions. I'm not here to stick up for Nintendo in the slightest, but man some of the takes in this thread are wild. Piracy is great, it's wonderful, I'm here for it and am looking forward to the switch 2 getting broken eventually, but don't complain about the consequences. If you pirate anyways, what's the big deal about getting your console banned? Just get your dumps from somewhere, load them up and play them, not like it affects you in the slightest in that situation. Expecting online function for pirated content? Get a grip, lmao.

/rant

 

[plasma]

so much slop in this thread i can't take it seriously

 

[LightBeam]

How can anyone have faith that something will be enforced on Nintendo ? They're already breaking records, people are buying their stuff without thinking too much about it despite the crazy price.

There are so many people willing to spend near 500€ for a console that only has Mario Kart World, which is one of the most expensive games yet. How are you going to convince them that Nintendo banning you because you use a Mig is bad ?

As some have said earlier : just don't use their stuff. That's how it works. You just don't give them fuel.

I can understand why you think your son is discriminated against or something, but maybe the best solution for you is to not use a Nintendo device.

I know cheats are fun and all, I use them sometimes too, but what if it ruins the experience anyway ? What's the point of playing Elden Ring if I'm invincible ? I have ADHD too, and I understand that there are games that are not made for me. Your son might not be able to enjoy some good games, that's unfortunate. But don't worry, there are tons of great games available elsewhere that will be a perfect fit, without the need for cheats or whatever.

I do think that cheats should be available without the need for jailbreak, like with the Action Replay or something. That was fun back in the day. If you can't modify your console to cheat on solo games ... then the best option is probably to play on PC. Steam Deck, or ChimeraOS/BazziteOS to have a PC work as a home console. Tons of ways to do that if it's really THAT important for you.

 

[YoureALoser]

I haven't been banned, but I empathize with those who have, especially if they have a disability like my own son does. But my son should not be discriminated against, which is exactly what Nintendo does to him and others with disabilities. I can manage the games, while he cannot.

"My son should not be discriminated against" LMFAO!! You're an idiot yes? Disability, no disability, it's irrelevant when it comes to video games. Your son is no exception. Your son has to abide by the EULA/TOS just like everyone else.

 

[Dark_Ansem]

EULA are predatory sh*t

 

[YoureALoser]

You are missing the point. It IS okay for them to do that. People who knowingly break the law and/or the legally-binding terms they agreed to DESERVE to be banned and not have updates or access to the eShop or any other services that Nintendo provides legitimate, law-abiding, terms-abiding customers. That is normal, not wild. And that is why everyone is defending Nintendo. They are in the right. No like it? No buy from Nintendo. Problem solved; no irrational and incessant incel gamerboy whining necessary.

Incorrect. It is NOT okay for Nintendo to do. Nintendo must allow banned consoles to play all purchased games. Majority of Switch 2 games being digital & not physical releases makes it illegal for Nintendo to ban Switch 2 consoles. It does not matter if a user violates the EULA/TOS or not. Sony already tried this with the digital only PS5 & lost in court. You can not ban a digital only console because it is the equivalent to bricking the console. That is the only reason why Sony released a revision of the PS5 that can have a disc drive added.