Legality & Ethics & Will I get banned for playing games I previously purchased but then LOST at a park all at once in a Nintendo hardcase, EMUMMC?

[Kagami-san]

Assume I'm using EMUMMC and not modding any of the games just playing them the way they are supposed to be played and only the ones that I previously purchased and used the same console to play using the gamecards ... if I go online.. .will I get banned? I have legally purchased the games and used them on this same Switch before. I'm using the partitioned EMUMMC/atmosphere/hekate.

How likely is it that I would get banned from going online now and again with these games? (I had a ton of games in the case. But I'd play the games I already bought but unfortunately left at the park along with the hardcase... again I have played them on this Switch many, many times previously. Doesn't it make it legal for me to play backups of games that I already own?)

And also just in general how likely is it that you get banned using partitioned emummc online? Like.. if I do it once that's it I'm banned? 3 times? 10? Who knows exactly but more than 3?

edit: I'll be using prodinfo=1 or whatever to remove that from showing as well if you think i should. or maybe i shouldnt cuz i bought the games already?

 

[Hayato213]

If you got pirated content on that emummc you will eventually get banned if you go online.

 

[Kagami-san]

If you got pirated content on that emummc you will eventually get banned if you go online.

What does pirated mean, downloaded backups? Even the ones I already bought right?

edit: so if I go online one single time to try one game i never got to play but already purchased, i will get banned at some point for sure?

 

[Hayato213]

What does pirated mean, downloaded backups? Even the ones I already bought right?

edit: so if I go online one single time to try one game i never got to play but already purchased, i will get banned at some point for sure?

If you used NSP/XCI then that apply since the NAND is dirty.

 

[E1ite007]

About using emuMMC online, that's a no. Only Nintendo knows if you will be banned in a day, instantly, or in a month, but you will get banned only trying it once (the console gets flagged and will get banned anyways).

About the legal & ethical dilemma... it' weird. Per se, it's illegal to play other people dumps of games, so it would be only legal to play YOUR only dumps (this doesn't apply to all countries though). The ethical dilemma is different, since it all resides inside you, BUT, bare in mind that this doesn't matter for Nintendo: you pirate (insecurely) = you ban, it doesn't matter if you own the game.

To solve both your issues with getting banned, use Exosphere. It will stop Nintendo to get your data and will disconnect your Nintendo Switch to all Nintendo's servers and disable telemetry. You will not be able to play online, but you will avoid a ban.

 

[Chaoticus]

My son's Switch was just Banhammered yesterday. All he had were his backups.. I kept warning him about going online with the shield's down. Big N ain't dickin around. You may get caught, you may not. Weather it's worth the risk is up to you. Thankfully they didn't ban his Nintendo account like they did mine (I extracted my son's Switch shop games and installed them in mine...... they really don't like that apparently.) So he was able to go on his sister's Switch lite and redownload all his stuff.
Lesson is:

level 1 Console ban

level 2 Console / Account ban.

What are ya willing to risk... Keep your shields on at all times is the only 100% way to not get banned.

 

[Kagami-san]

I can't decide if it's worth the risk. If I get banned, i still can play offline right? So ... I can't play online already so there's no downside if I can't play online later right?

Post automatically merged: Apr 19, 2023

If you used NSP/XCI then that apply since the NAND is dirty.

I didn't all my stuff is nzp

 

[halfashark]

Nintendo won't stop you from playing backups

But as a private company providing a service you pay for, they have the right to refuse to continue to provide said service for whatever reason they see fit. They could ban you for liking oatmeal raisin cookies, they could ban you for liking the colour pink.

The only time they would be in the wrong and you'd have the ability to hold them legally accountable for it is if they banned you based on whatever is classified as discrimination laws in your country. So if you lived in NA for example and they banned you for your race or gender, then they would be in the wrong.

But if they see you playing your own backups and ban you anyway? Nada. Perfectly within their right because they are a private corporation and not a public service.

 

[Kagami-san]

I'll say one thing I've never been banned before but Nintendo would be retarded for banning me considering all the games I've bought for every single system. I've easily contributed 10x or 100x your average user revenue wise. for instance just talking about the switch i owned nearly every retail game released in the US purchased at full price in store or direct from nintendo in many cases digital wise

But I also realize they don't need my money, not so bad

Post automatically merged: Apr 19, 2023

Nintendo won't stop you from playing backups

But as a private company providing a service you pay for, they have the right to refuse to continue to provide said service for whatever reason they see fit. They could ban you for liking oatmeal raisin cookies, they could ban you for liking the colour pink.

The only time they would be in the wrong and you'd have the ability to hold them legally accountable for it is if they banned you based on whatever is classified as discrimination laws in your country. So if you lived in NA for example and they banned you for your race or gender, then they would be in the wrong.

But if they see you playing your own backups and ban you anyway? Nada. Perfectly within their right because they are a private corporation and not a public service.

gotcha thanks for the reply

 

[Hayato213]

I can't decide if it's worth the risk. If I get banned, i still can play offline right? So ... I can't play online already so there's no downside if I can't play online later right?

Post automatically merged: Apr 19, 2023

I didn't all my stuff is nzp

Even if you got one pirated game you would get banned.

 

[DinohScene]

General rule of thumb for modifying consoles/handhelds etc when not wanting ones account to get banned is to get a secondary unit and do the things you want to do on that, keeping your main unit untouched.