Nintendo reserves the right to brick your console following "unauthorised use", in bid to prevent piracy - UPDATE: Nintendo confirms no recording is sent "until a report is submitted".

News by Ed Nightingale Deputy News Editor
Updated on May 10, 2025

UPDATE 10/05/25: Nintendo has confirmed that it will only review video and audio recording as part of its user-report system.

“All recording is otherwise privately stored on device and no recording is sent to Nintendo until a report is submitted," nintendo said in a statement to Game File.

Original story follows.

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Original story 09/05/25: Nintendo has updated its Nintendo Account Agreement with a severe warning against "unauthorised use", in a bid to prevent emulation and piracy.

All those with a Nintendo account will have received an email (including Eurogamer) linking to the updated policy. And, as Game File's Stephen Totilo spotted, the wording for the Licence for Digital Products section has been altered.

The agreement for UK accounts now states digital products are "licensed only for personal and non-commercial use", and that any "unauthorised use of a Digital Product may result in the Digital Product becoming unusable".

This differs slightly from the US, which states: "You acknowledge that if you fail to comply with the foregoing restrictions Nintendo may render the Nintendo Account Services and/or the applicable Nintendo device permanently unusable in whole or in part."

For comparison, here's the original wording (effective since April 2021): "You are not allowed to lease, rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble all or any portion of the Nintendo Account Services without Nintendo's written consent, or unless otherwise expressly permitted by applicable law."

And here's the UK update in full: "Any Digital Products registered to your Nintendo Account and any updates of such Digital Products are licensed only for personal and non-commercial use on a User Device. Digital Products must not be used for any other purpose. In particular, without NOE's written consent, you must neither lease nor rent Digital Products nor sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of Digital Products other than as expressly permitted by applicable law. Such unauthorised use of a Digital Product may result in the Digital Product becoming unusable."

The US update is as follows: "Without limitation, you agree that you may not (a) publish, copy, modify, reverse engineer, lease, rent, decompile, disassemble, distribute, offer for sale, or create derivative works of any portion of the Nintendo Account Services; (b) bypass, modify, decrypt, defeat, tamper with, or otherwise circumvent any of the functions or protections of the Nintendo Account Services, including through the use of any hardware or software that would cause the Nintendo Account Services to operate other than in accordance with its documentation and intended use; (c) obtain, install or use any unauthorised copies of Nintendo Account Services; or (d) exploit the Nintendo Account Services in any manner other than to use them in accordance with the applicable documentation and intended use, in each case, without Nintendo's written consent or express authorisation, or unless otherwise expressly permitted by applicable law. You acknowledge that if you fail to comply with the foregoing restrictions Nintendo may render the Nintendo Account Services and/or the applicable Nintendo device permanently unusable in whole or in part."

The Nintendo Account Privacy Policy has also been updated ahead of the release of Switch 2. Now, Nintendo will be able to record video and voice chats stored on your console for a limited period of time - if you give consent.

This is intended for anyone who encounters "language or behaviour that may violate applicable laws", with the company able to review the last three minutes of recorded footage. This is to ensure a "safe and family-friendly online environment".

The update comes ahead of the Game Chat feature on Switch 2, where players can essentially video call each other during gameplay.

Back in March, Nintendo shared a legal victory over French file-sharing company Dstorage, which it stated was "significant...for the entire games industry".

It followed a string of moves against piracy, including the shutdown of Switch emulator Yuzu and a lawsuit against a streamer who regularly played pirated copies of Nintendo games ahead of release.
L|A

 

[The Ugly One]

Meant the "brick your console for modifying hardware/saying mean things online" part. I could understand not taking responsibility for accidentally bricking it during firmware updates which have legitimate reasonings.

"I modified it so I could steal your software and run unauthorized programs while connected to your network" isn't a legitimate reason.

I meant the other shit they did like always online else your console doesn't start, and not being able to share physical copies of games.

The fact is they have that same sort of language Nintendo does - pirate software, and you may find your console bricked. Sony does, too. In fact, this is common language in embedded devices that connect to a network. "Do not install unauthorized software, or this device may become disabled in part or in whole" is just boilerplate and nothing original to Nintendo. Gamers aren't in some kind of special class where a company owes it to you to keep giving you access to their software & systems regardless of what rules you break.

The main issue is not just the apathy, but hostility towards anyone raising those issues. It means that Nintendo, like other corporations, are going to just become more draconian each year, with other companies emulating them once it's the standard.

Except as I already showed you, this isn't new or unique. Everybody with a software distribution service reserves the right to ban you from it if you steal the software. That you are surprised by this is the most surprising thing about it.

 

[wtfNeedSignUp]

"I modified it so I could steal your software and run unauthorized programs while connected to your network" isn't a legitimate reason.

But saying mean things online isn't, and not every modification is meant to pirate games, some are just quality of life like a better UI.

The fact is they have that same sort of language Nintendo does - pirate software, and you may find your console bricked. Sony does, too. In fact, this is common language in embedded devices that connect to a network. "Do not install unauthorized software, or this device may become disabled in part or in whole" is just boilerplate and nothing original to Nintendo. Gamers aren't in some kind of special class where a company owes it to you to keep giving you access to their software & systems regardless of what rules you break.

Lol gamers are the most bitchmade group of consumers imaginable, that the mere concept of owning things they buy is treated as some insane privilege. Imagine buying a car and having it stop working forever because you went over the speed limit, utter insanity.

Except as I already showed you, this isn't new or unique. Everybody with a software distribution service reserves the right to ban you from it if you steal the software. That you are surprised by this is the most surprising thing about it.

So we shouldn't speak about it? If Nintendo doing it means people start noticing then I'm all for it.

 

[pikachudidnothingwrong]

Nintendo continuing to have battshit views on CR and hardware ownership. And generally speed running their way to most anti-fan and hated gaming company faster than any other one time gen leader has managed. (seriously they are trying to xbone) This is not really a big worry because it's like the nuke option. It would be MAD. They would not make it through the civil if not regulatory fallout without 8-9 digits of pain.. putting it conservatively. It is utterly retarded that they would even pretend to suggest it.

Again, they are allowed to even threaten this because of the run-away abuse and malignant mutation of CR law. Which needs scrapped/burned and rewritten completely. (japanese CR law is even more insane than US sadly.. things like gameshark and action replay are basically illegal for "infringing " on CR holders right to dictate every aspect of how their sold software is run and used.. also no/limited fair use.. which instills a ownership/right control freak mentality on their media companies)

"I modified it so I could steal your software and run unauthorized programs while connected to your network" isn't a legitimate reason.

Unless you are talking about people stealing hardware or disks/flash drives etc.. Nobody is stealing anything. No more than someone can steal a thought. It's no more or less legitimate than CR is for their attempted control over MY hardware.

 

[MisterListerTheBlister]

I can realistically see a rule that states "hey you can't play online with other people on our servers that we pay money to keep running for our players if you pirated our game, how the fuck are we gonna keep up with server costs if you pirate", which is a rule the Switch 1 followed.
Now granted I still fucking hate how Switch's Online became a paid service while there were absolutely no upgrades to the server, but that's another issue entirely.
My biggest tinfoil hat conspiracy as to how they got this assmad was because the Switch 1 was bypassed by a fucking paperclip lmao

 

[pikachudidnothingwrong]

I can realistically see a rule that states "hey you can't play online with other people on our servers that we pay money to keep running for our players if you pirated our game, how the fuck are we gonna keep up with server costs if you pirate", which is a rule the Switch 1 followed.
Now granted I still fucking hate how Switch's Online became a paid service while there were absolutely no upgrades to the server, but that's another issue entirely.
My biggest tinfoil hat conspiracy as to how they got this assmad was because the Switch 1 was bypassed by a fucking paperclip lmao

I'd actually be more worried about cheating in that case. The thing most people are upset about is their claim to be able to render your owned hardware inoperable and block your access to paid for digital content and services.