Nintendo Can Now Remotely Destroy Your Switch 2 if You Mod It, Read Their New Terms of Service

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Nintendo Can Now Remotely Destroy Your Switch 2 if You Mod It, Read Their New Terms of Service

Nintendo hit us with a double whammy last week with two unexpected developments related to the company. PocketPair, developer of Palworld, announced that it had to make significant changes to the mechanics of the hit game because of the ongoing lawsuit against Nintendo.

Not only that, it seems the Japanese company has also made changes to its user agreement with a bold and controversial clause. The company now reserves the right to remotely disable your Switch or Switch 2 systems if you attempt to modify them, use unauthorized software, or tamper with system security.

Nintendo is really committed to making controversial decisions

According to the initial report by

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, the updated Nintendo Account Agreement introduces over 100 changes. Of course, the most notable of these changes is the clause that allows the company to render your Switch or Switch 2 “permanently unusable” if you violate its terms.

Specifically, any attempts to bypass system protections, install unauthorized software, or tamper with hardware could result in your console being bricked remotely. Here are the new terms in full:

Without limitation, you agree that you may not (a) publish, copy, modify, reverse engineer, lease, rent, decompile, disassemble, distribute, offer for *****, 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;

These changes don’t just target pirates, but also any of us who engage in homebrew development, game preservation, or hardware customization. These are practices that are legal in many jurisdictions under consumer rights laws. And further:

(c) obtain, install or use any unauthorized 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 authorization, or unless otherwise expressly permitted by applicable law.

At the end, the new terms further state the clause that we’re all talking about.

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.

This aggressive stance is clearly to battle piracy, and we know how long that battle has been fought. The timing isn’t subtle either. With the Switch 2 set to release on June 5, the updated agreement effectively sets the rules in stone just before the new system hits store shelves. So if you were planning to mod your new Switch 2, or anything of that regard, be careful.

Is it time to look elsewhere in the handheld market?

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So what kind of situation does that leave us in? If Nintendo even suspects your console has been modified, it reserves the right to shut it down remotely, leaving you with a $450 brick. It doesn’t take a genius to tell that this is a big concern for consumer rights and ownership.

When you buy a gaming console, especially one that is physically in your home, there’s an understandable assumption that you own it. But this revised agreement makes it seem that we are merely licensed to operate their hardware and games in a manner approved by the company.

If this is the road we’re heading down, then it certainly opens up the door for competing handhelds like the Steam Deck and ROG Ally to take advantage. The Steam Deck, in particular, has proven to be a surprise hit, and Valve can exploit every mistake that the competition makes.

As for the Switch 2, there are some big unanswered questions. How will Nintendo detect modded consoles or unauthorized software? Will users be notified before a console is disabled? What options, if any, will be available to someone whose device is wrongly flagged? Do we really want to support such an idea?

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