The Great EULA Switch Up | A Lawyer Reads (some of) Nintendo's Controversial New Terms
In this episode, lawyer Richard Hoeg explores Nintendo's recent user agreement changes, focusing on anti-piracy measures and new prohibitions. He provides a legal analysis of user rights, legal language, and implications for parental consent and breaches. The episode also touches on public perception, copyright issues, DMCA, and potential penalties. Richard examines patent law through the Impression vs. Lexmark case and compares ownership rights between the Nintendo Switch and other systems. He underscores the importance of understanding user agreements and the need for EULA awareness, concluding with final thoughts.
Key Points
- Nintendo's updated user agreement for the Switch 2 includes a provision that allows the company to disable the console if users bypass or tamper with its software or services.
- This new provision reflects a broader trend across the tech industry, where companies reserve extensive rights to control the software on their devices, often without requiring court intervention.
- While the language in Nintendo's agreement is explicit, similar rights are implicitly or explicitly claimed by other major tech companies like Sony and Microsoft, indicating a common industry practice.
LINKS
NINTENDO TERMS https://www.gamefile.news/p/nintendo-emulation-hacking-brick-warning-terms-of-service https://accounts.nintendo.com/term/eula/US?lang=en-US https://web.archive.org/web/20250329190927/https://accounts.nintendo.com/term/eula/US?lang=en-US
MEDIA RESPONSE https://www.ign.com/articles/nintendo-revises-user-agreement-and-if-you-break-it-nintendo-reserves-the-right-to-brick-your-switch https://www.laptopmag.com/gaming/nintendo/nintendo-eula-update-can-ban-or-brick-switch-2 https://hothardware.com/news/nintendo-eula-update-brick-consoles-arbitration https://www.instagram.com/p/DJmofHzPssV/
LAW AND LEXMARK https://www.uspto.gov/trademarks/basics/trademark-patent-copyright https://www.law.cornell.edu/uscode/text/17/1201 https://www.law.cornell.edu/uscode/text/17/1203 https://www.law.cornell.edu/uscode/text/17/1204 https://www.supremecourt.gov/opinions/16pdf/15-1189_ebfj.pdf
SONY https://www.playstation.com/en-us/legal/psn-terms-of-service/ https://www.playstation.com/en-us/legal/ps5-ssla/
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Transcript
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