Wii U Systems NL

Not too long ago, in late September, Nintendo provided a major system update that enhanced the functionality of the Wii U and made changes to its functionality. Around that time there was also a change to the End-User License Agreement (EULA), which is a prompt of legal jargon that the vast majority simply agree to as quickly as possible.

YouTube user AMurder0fCrows did not agree, however, objecting to a passage in the document that stated Nintendo could apply updates and changes without notice; in practice, updating systems while they're in sleep mode, which in its most harmless guise could be uploads of SpotPass notifications. What this Wii U owner has documented is that, without agreeing to the amended EULA, the console cannot be used — software won't load until it is accepted, and as there's no option to decline the agreement the only workaround is to turn off the power. No agreement to the EULA, no more games.

You can see his video below.

There are valid points here, in that Nintendo — like its contemporaries in the tech industry — is 'forcing' agreement in order to continue using the system fully. There's no scope to decline.

While that's perhaps frustrating, it's also an inevitable and common part of modern technology and how we use it — especially as we demand substantial online services. As we've suggested in articles before, online and download content — games, books, music, films etc — are essentially 'leased' to us, in that the licensor can in theory remove access at any point. Yet the important point is that consumers do have some power, in that they control demand. If a company like Nintendo, Sony or Microsoft were to flagrantly abuse our trust and take away functionality, content or games, they run the risk of losing customers. They're in control, but they need consumers to be happy and promoting their brands; we'd argue that it's a relatively balanced relationship.

This video is interesting as a test, undoubtedly, though we suspect 99.9% of Wii U owners will, when the EULA is tweaked in future, simple scroll down and choose Accept.

[source techdirt.com]