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

 

[SSj_Ness (Yiffed)]

I reserve the right to pirate their games.

 

[Swingletonthesimpleton]

Why are they so hellbent on just being completely unlikable?
Is it pride? Arrogance? Stupidity?

What drives these nips to see the fans and say "I will crush all of your joy".

 

[WE'RE ALL GONNA]

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.

Not to minimize the dystopian levels of own-nothingisms but it sounds to me like they just don't want people cheating online.

 

[Snekposter]

What drives these nips to see the fans and say "I will crush all of your joy".

They're nips. No fun allowed, only soul-crushing profiteering in Japan.

 

[Bob's Fuckass Head]

Everything about Nintendo's handling of The Switch 2 is giving me massive Xbox ONE vibes, even if the circumstances aren't exactly the same.

It's crazy how fast my interest in the console died. Literally all they had to do was release a console and they'd be golden. It's like they're actively trying to sabotage themselves.

It's gonna be a repeat of the Wii U at this rate, and if I'm gonna spend ~$500 it'll be spent on more storage to hold all the Nintendo games I'm not paying for. I seriously underestimated how big Wii disc images are.

 

[Escalating Violence]

Their legal team is unstoppable unfortunately.

Indeed. Japs have a strange power to somehow outjew Jewish lawyers.

 

[WonderWino]

Their legal team is unstoppable unfortunately.

Not really. Emulation is protected by law in alot of places, which is why mmo companies haven't been able to stop server emulation and their resulting private servers. Also, they're asking for a lawsuit for this. They're essentially engaging in deliberate destruction of private property. Thats a big legal no no and grounds for an actual criminal complaint

Banning an account is one thing, but you don't get to actually destroy private property that someone paid for no matter what your EULA tries to claim

 

[Shroom King]

They already control that with not including backwards compatability and EOL any services related.

I hate companies that EOL stuff, especially when their replacement equipment is missing key features that the previous version had. Or worse yet, the new part is not the same size so you have to modify your equipment to fit the damn thing. I am not talking about video games, I see this in my line of work.

 

[Scarlett Johansson]

Not really. Emulation is protected by law in alot of places, which is why mmo companies haven't been able to stop server emulation and their resulting private servers. Also, they're asking for a lawsuit for this. They're essentially engaging in deliberate destruction of private property. Thats a big legal no no and grounds for an actual criminal complaint

Banning an account is one thing, but you don't get to actually destroy private property that someone paid for no matter what your EULA tries to claim

But it feels like hardly anyone has won any lawsuit against them. Unless I'm mistaken.

 

[VisaMallgoth]

Why are they so hellbent on just being completely unlikable?
Is it pride? Arrogance? Stupidity?

What drives these nips to see the fans and say "I will crush all of your joy".

To be fair, their hardheaded conservative business practices are what kept them alive so far.

 

[Fartificial Insmelligence]

Good luck bricking my GameCube, Japs!

 

[73_Autistic_Fuck_54]

Nintendo wouldn't need to be so fucking hostile if they just made their older games accessible (it's literally impossible to get digital only 3ds and Wii u games legitimately)

 

[The Ugly One]

Why are they so hellbent on just being completely unlikable?
Is it pride? Arrogance? Stupidity?

What drives these nips to see the fans and say "I will crush all of your joy".

All consoles have draconian piracy restrictions in their EULAs, and zero console gamers give a shit. People pretend to be outraged for five minutes and then go back to their lives.

Banning an account is one thing, but you don't get to actually destroy private property that someone paid for no matter what your EULA tries to claim

They're not going to send Yakuza goons to your house to smash your Switch with hammers. They'll disable your account, maybe ban the device from ever talking to their servers, that sort of thing. If that means you can't play new games because you can't update your operating system online or something, well, oh well. The EULA covers them. Maybe they'll lock the operating system from even allowing you to log in.

 

[X Prime]

Not really. Emulation is protected by law in alot of places, which is why mmo companies haven't been able to stop server emulation and their resulting private servers.

Doesn't matter if you don't have the money to fight it in court is the issue.

 

[Dysnomia]

Guess you won't be playing any games then. "But I'll just buy physical!" you say. Hahaha they're just empty cards that let you download the game.

Nintendrones will gladly spread their cheeks for this anal fisting. I suspect that as time goes on the vast majority of physical games will be key cards. I'm curious to see what happens as soon as people get their hands on Switch 2.

 

[wtfNeedSignUp]

All consoles have draconian piracy restrictions in their EULAs, and zero console gamers give a shit. People pretend to be outraged for five minutes and then go back to their lives.

It's not really an excuse though. Bad practices are not something that if you didn't notice the first time it's suddenly okay.

And in the case of XBone the backlash actually caused Microsoft to change the console. So the cope of Nintendrones is unjustifiable.

They're not going to send Yakuza goons to your house to smash your Switch with hammers. They'll disable your account, maybe ban the device from ever talking to their servers, that sort of thing. If that means you can't play new games because you can't update your operating system online or something, well, oh well. The EULA covers them. Maybe they'll lock the operating system from even allowing you to log in.

Even if they aren't going to nuke your OS (then why even put it in your License Agreement?). Considering how games seemingly are download only, being banned from online effectively means you can only play what you had installed before the ban.

 

[Thiletonomics]

Even if they aren't going to nuke your OS (then why even put it in your License Agreement?). Considering how games seemingly are download only, being banned from online effectively means you can only play what you had installed before the ban.

Also, getting your account banned means that you can kiss those games that you bought goodbye as well, and even moreso considering that even some single-player games require an account to play them.

 

[The Ugly One]

It's not really an excuse though. Bad practices are not something that if you didn't notice the first time it's suddenly okay.

Software piracy isn't a human right. It's merely something that's very easy to do on a PC and very hard to meaningfully police. It's easier to police on a console because the manufacturer wields dictatorial control over the operating system.

And in the case of XBone the backlash actually caused Microsoft to change the console. So the cope of Nintendrones is unjustifiable.

Whoever told you Microsoft's EULA allows piracy now is pulling your leg. They clearly reserve the right to brick your console:

1. As conditions to this Xbox Software license, You agree that:
   1. You will not use Unauthorized Accessories or Unauthorized Games. They may not work or may stop working permanently after an Xbox Software update.
   2. You will not use or install any Unauthorized Software. If You do, Your Xbox Console, Kinect Sensor or Authorized Accessory may stop working permanently at that time or after a later Xbox Software update.
   3. You will not attempt to defeat or circumvent any Xbox Console, Kinect Sensor or Authorized Accessory technical limitation, security, or anti-piracy system. If You do, Your Xbox Console, Kinect Sensor or Authorized Accessory may stop working permanently at that time or after a later Xbox Software update.
   4. Microsoft may use technical measures, including Xbox Software updates, to prevent use of Unauthorized Accessories and Unauthorized Games, and to protect the technical limitations, security, and anti-piracy systems in the Xbox Console, Kinect Sensor or Authorized Accessory.
   5. Microsoft may update the Xbox Software from time to time without further notice to You, for example, to update any technical limitation, security, or anti-piracy system.

https://support.xbox.com/en-US/help/hardware-network/warranty-service/xbox-software-license-agreement

St Gaben the Fat's blessed and holy Steam also reserves the right to disable your account completely if you cheat or pirate games:

Valve may restrict or terminate your Account or a particular Subscription for any conduct or activity that is illegal, constitutes a Cheat, or breaches the Steam Online Conduct Rules. You acknowledge that Valve is not required to provide you notice before terminating your Subscription(s) and/or Account.

https://store.steampowered.com/subscriber_agreement/

Even if they aren't going to nuke your OS (then why even put it in your License Agreement?). Considering how games seemingly are download only, being banned from online effectively means you can only play what you had installed before the ban.

It's Nintendo's service. They own it. So if you want access to it, you need to play by their rules. EULAs are broad so they give the company maximum leeway to act and minimal risk of lawsuits. Has Valve ever terminated an entire Steam account because somebody cheated in TF2? Maybe not, but they could if they wanted to; it's in the agreement.

 

[IAmNotAlpharius]

It’s retarded. They could make a shit ton of money selling old games to Americans who already bought the games before.

 

[wtfNeedSignUp]

Software piracy isn't a human right. It's merely something that's very easy to do on a PC and very hard to meaningfully police. It's easier to police on a console because the manufacturer wields dictatorial control over the operating system.

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.

Whoever told you Microsoft's EULA allows piracy now is pulling your leg. They clearly reserve the right to brick your console:

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.

It's Nintendo's service. They own it. So if you want access to it, you need to play by their rules. EULAs are broad so they give the company maximum leeway to act and minimal risk of lawsuits. Has Valve ever terminated an entire Steam account because somebody cheated in TF2? Maybe not, but they could if they wanted to; it's in the agreement.

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.

Plus with Valve if they pull that shit then people would come back to pirating like it was in the past.