Hardware Mig Switch on Switch 2

[Marc_LFD]

Just like banned Switch 1, banned Switch 2 cannot receive game updates, access to eShop, online games and NSO. You may have access to update the Switch firmware.

Keycard games require access to eShop server to download the game.

Nintendo is unique - they often don't issue the account ban unless credit card fraud is involved. If your Switch 2 is banned, you would have to buy another Switch 2. Microsoft and Sony banned your console + your account - lost all access to digital games.

If Nintendo bans a console entirely from internet services it becomes pretty useless until someone hacks it.

Folks should avoid using it as getting a console banned that cost $500/€500/£430 (MKW Bundle) would seriously suck.

Just keep using their NS1, but I know it doesn't feel anywhere near as comfortable as a NS2 does.

 

[Inaki]

It is not illegal in the EU.
Your game and console still work, you just cannot use their services. Heck, with the new way the Switch works you can transfer DLC and everything else from one system to another if you want.

No, you must be able to access any game, and since there's games that are only in keycard form, that is, they are digital, if the service to access the digital game is forbidden, that is considered crippling functionality, which, being the case that such a limitation actually doesn't help nintendo maintain its functionality for other users, yes, we are in a consumer goods law/norm abuse case and no, it wouldn't stand a chance in court.

 

[Marc_LFD]

No, you must be able to access any game, and since there's games that are only in keycard form, that is, they are digital, if the service to access the digital game is forbidden, that is considered crippling functionality, which, being the case that such a limitation actually doesn't help nintendo maintain its functionality for other users, yes, we are in a consumer goods law/norm abuse case and no, it wouldn't stand a chance in court.

I asked Google's AI how a PS5 console ban works and it effectively makes it an offline console:

A banned PS5 is a console that has been blocked from accessing the PlayStation Network due to a violation of Sony's terms of service.

At that point a banned PS5 better be on a hackable firmware or it's nearly useless.

Nintendo might be following the same formula.

 

[Inaki]

I asked Google's AI how a PS5 console ban works and it effectively makes it an offline console:



At that point a banned PS5 better be on a hackable firmware or it's nearly useless.

Nintendo might be following the same formula.

Guys, I don't care comparing the companies that make consoles. Offline may be fine, because PLAYING offline, chatting, etc. are non essential services. Even update/digital good access can be non-essential and in those cases it is fine, but when a big part of the games can only be obtained by the digital downloads service, that service becomes essential and under normal circumstances, in the EU, forbidding access to it is removing an essential functionality, which goes against the law unless there is a justification. Again, forbidding access to online PLAY, yes, *THAT* IS JUSTIFIED, because not doing so ruins the online experience for other customers. But access to digital downloads when there's no other means to access a big part of the main games is an essential functionality/right of the console and giving access to it doesn't ruin the service for other customers or even for nintendo itself.

F***, it is not that difficult to understand.

 

[l7777]

Guys, I don't care comparing the companies that make consoles. Offline may be fine, because PLAYING offline, chatting, etc. are non essential services. Even update/digital good access can be non-essential and in those cases it is fine, but when a big part of the games can only be obtained by the digital downloads service, that service becomes essential and under normal circumstances, in the EU, forbidding access to it is removing an essential functionality, which goes against the law unless there is a justification. Again, forbidding access to online PLAY, yes, *THAT* IS JUSTIFIED, because not doing so ruins the online experience for other customers. But access to digital downloads when there's no other means to access a big part of the main games is an essential functionality/right of the console and giving access to it doesn't ruin the service for other customers or even for nintendo itself.

F***, it is not that difficult to understand.

You keep screaming "It's the law!" and you may even be right. The rest of us are pointing out that the law is always up for interpretation/debate/argument, this is why courts exist. Until a case actually gets tried and decided in favor of the consumer, Nintendo is free to ban all the EU consoles they want regardless of what you, or the rest of us, think the law does or does not prevent.

It's not that difficult to understand.

 

[Marc_LFD]

Guys, I don't care comparing the companies that make consoles. Offline may be fine, because PLAYING offline, chatting, etc. are non essential services. Even update/digital good access can be non-essential and in those cases it is fine, but when a big part of the games can only be obtained by the digital downloads service, that service becomes essential and under normal circumstances, in the EU, forbidding access to it is removing an essential functionality, which goes against the law unless there is a justification. Again, forbidding access to online PLAY, yes, *THAT* IS JUSTIFIED, because not doing so ruins the online experience for other customers. But access to digital downloads when there's no other means to access a big part of the main games is an essential functionality/right of the console and giving access to it doesn't ruin the service for other customers or even for nintendo itself.

F***, it is not that difficult to understand.

I agree and while I can't stand the EU, the one thing they're good at is being pro-consumer so hopefully they'll make Nintendo undo the NS2 console bans. Not too hopeful for PS5 console bans to be revoked, though.

The reason why iPhones now have USB-C ports is thanks to the EU, something good at least.

 

[Locutus73]

I agree and while I can't stand the EU, the one thing they're good at is being pro-consumer so hopefully they'll make Nintendo undo the NS2 console bans. Not too hopeful for PS5 console bans to be revoked, though.

The reason why iPhones now have USB-C ports is thanks to the EU, something good at least.

We have RetroArch on iOS thanks to (indirectly, but still...) EU!!!

 

[Prof0nWear]

Still unbanned currently...

 

[Kioku]

What honestly surprises me about these bans is that people genuinely believed they wouldn’t be impacted. Almost in line with the check fraud incident a while back. Not sure why people thought they were untouchable. FAFO

I’ll be honest though, a full on hardware ban seems excessive. At the very least they should allow the software to be updated and even the store accessed in the event of a legitimate purchase inquiry. Not that anyone who was banned for a shady device would want to do so.

 

[Skelletonike]

No, you must be able to access any game, and since there's games that are only in keycard form, that is, they are digital, if the service to access the digital game is forbidden, that is considered crippling functionality, which, being the case that such a limitation actually doesn't help nintendo maintain its functionality for other users, yes, we are in a consumer goods law/norm abuse case and no, it wouldn't stand a chance in court.

You can use a game key card on a banned Switch.

 

[Seavon]

It definitely wouldnt though. We agreed to their terms when we booted up the system. If you violate it they are allowed to limit online functionality. There is no law protecting that.

Not entirely right. Unless Nintendo can prove that the modification was intended for piracy, they shouldn't be allowed to block any features. Bad faith must always be proven.

 

[Kioku]

edit: reread, my bad

 

[Inaki]

I agree and while I can't stand the EU, the one thing they're good at is being pro-consumer so hopefully they'll make Nintendo undo the NS2 console bans. Not too hopeful for PS5 console bans to be revoked, though.

The reason why iPhones now have USB-C ports is thanks to the EU, something good at least.

We are at least in agreement about the EU, I can't stand most of its shit either but, mooore or less ( let aside the lobbies ), they kinda defend consumers quite a bit.

 

[Inaki]

You can use a game key card on a banned Switch.

If that is in fact the case, then things change, a lot.

 

[l7777]

You can use a game key card on a banned Switch.

Have you tried this? How do you know it will work? AFAIK no one with a banned Switch has tried a game key card.

 

[bth]

You can use a game key card on a banned Switch.

If that is in fact the case, then things change, a lot.

Have you tried this? How do you know it will work? AFAIK no one with a banned Switch has tried a game key card.

No this is misinformation, the game key cards when inserted require you to download the game from nintendos servers, being banned/restricted from their service will have your console never get past DAUTH and subsequently be rejected from AWS where the files are downloaded from.

 

[der:Tom]

No this is misinformation, the game key cards when inserted require you to download the game from nintendos servers, being banned/restricted from their service will have your console never get past DAUTH and subsequently be rejected from AWS where the files are downloaded from.

So where does the Switch then gets Firmware Updates from? Because it is still possible to update a banned Switch online (!).

 

[Inaki]

No this is misinformation, the game key cards when inserted require you to download the game from nintendos servers, being banned/restricted from their service will have your console never get past DAUTH and subsequently be rejected from AWS where the files are downloaded from.

Ok, thank you for clarifying; that, added to the fact that a lot of games will be using key cards, marks a clear difference from other console bans. As I said, they are limiting essential functionality here, this is no longer "just banned from online" and we all know it...

 

[der:Tom]

It would absolutely make sense for Nintendo to let banned console still Download gamekeycard games, like they do with FW updates, to avoid legal issues.
Afaik, there is no one that tested this on Switch 2 with proof.

 

[Captain_Maytag]

The only online thing you can do with a banned Switch 1 is updating the console. I kept mine connected to my Wi-Fi all along and it kept nagging me to update all the time, and sometimes I would accidentally do it—oh but besides that forget about redownloading your eShop purchases, that’s not allowed on a banned console. I imagine this is also the case with the Switch 2.