In less than a month, video game fans will finally be able to get their hands on the Nintendo Switch 2. While the announcement that Nintendo would record audio conversations caused an uproar several days ago, the Big N is once again at the center of a controversy. We'll explain it all to you!
Nintendo Switch 2: an update that raises legal issues?
Eight years after the release of the Nintendo Switch, the famous Japanese manufacturer is preparing to launch its brand new hybrid console worldwide: the Nintendo Switch 2. Bigger and more powerful than its predecessor, it also includes new features that have caused a lot of ink to flow. We're thinking in particular of Game Chat, at the heart of Nintendo's communication, and which has recently caused controversy. And for good reason! Fans discovered in the user agreement that Nintendo will locally record video and audio conversations for twenty-four hours in order to combat bad behavior. The strong reactions to this announcement forced the manufacturer to clarify the situation, in order to reassure fans. But barely has one controversy ended before a new one erupts! Indeed, several very serious media outlets, including IGN and Endgadget, have discovered a new update from Nintendo to its user agreement for the Nintendo Switch 2: it now includes a clause authorizing Nintendo to render a console unusable ("brick") if it detects pirated software or unauthorized modifications.
Always very particular about respecting its intellectual property, the Japanese company does not want players to use emulators or modified firmware; on the contrary, Nintendo is increasingly seeking to promote its Nintendo Switch Online, by gradually adding other consoles to its catalog. Thus, Nintendo Switch 2 owners who are subscribed to Nintendo Switch Online will be able to play the GameCube catalog, as well as previous Nintendo consoles (NES, Super Nintendo, Nintendo 64, GameBoy, GameBoy Color, GameBoy Advance).
Of course, this clause is not unanimous, particularly in the modding community; this decision also raises questions about consumer rights. Finally, one may wonder how this Nintendo update will affect homebrew - software and games developed by amateurs without the manufacturer's authorization, and which do not fall under the category of piracy. It should also be noted that, in practice, Nintendo could run afoul of French and European law.
Jailbreaking is not considered illegal provided it does not infringe on copyright. Thus, a ruling by the Court of Justice of the European Union (CJEU) ruled in favor of the developers of the Datel software - which modified variables in RAM to offer unlimited boosts on PlayStation games - against Sony, because it ruled that modifications that did not alter the source code of a product did not infringe copyright. Finally, consumers are protected against practices that limit their rights by Directive 2005/29/EC on unfair commercial practices, as long as they do not infringe copyright.
And you, what do you think of Nintendo's new clause? Feel free to tell us in the comments section.
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