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Nintendo's new user agreement includes power to brick your Switch
(www.pocket-lint.com)
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I like how the author's speculation is used as the headline, as if it were confirmed fact. That's super cool and useful and definitely not misleading at all.
Realistically, this sort of verbiage has existed on several consoles' ToS in the past, and I'm pretty sure nothing has ever come of it before. Here's the full term in question, which the author of this article couldn't be bothered to include for the reader to easily scrutinize for themselves:
As it's written, it seems that the actions Nintendo would take are flexible, and would depend on what, specifically, you hacked. And I say "hacked", because this is referring specifically to unauthorized access of Nintendo's online services. This isn't even talking about hacking your actual console, itself.
There's really nothing out of the ordinary here, and I'm almost positive that the same terms existed on previous Nintendo consoles, just in different words.
The title doesn't say what Nintendo will do. It says what they state can do.
That very much sounds like they have the power to brick the device. I'll believe it existed on prior consoles, but it should've been called out back then too.
To me this reads as 'We might push an update that bricks your console should you have hacked your device." Which has been a risk when modding consoles for at least 20 years now. I don't think it refers to there being an actual kill switch. Just more legalese to further scare people from doing to and to reduce the chance of getting sued should it happen.
That said, with so many games being digital or gamekey only, and later games probably requiring system updates anyway, just being blacklisted from the Nintendo servers alone would already gut a console's functionality to the point it might as well be seen as one.