Nintendo is trying to kill a fly by swinging a chainsaw violently around their own house. They don't seem to care how much collateral damage they cause to themselves or others just trying to enjoy their games.
I think it is going to come down to 2 main questions.
1. What will courts decide you are purchasing when you give Nintendo your money?
2. Can Nintendo demonstrate that the owner of the Switch they are bricking did anything wrong besides violate their TOS?
"We think you might've done something wrong" isn't going to normally cut it in a court of law when you took someone's 500 dollars in exchange for something.
What that something is that you purchased is certainly up for debate. Does the purchase price entitle you to be able to play games on it? What if that physical game is just a key that gives you access to an online version?
I think most agree that you aren't entitled to more proactive services like access to servers for online multiplayer, but what about online updates that are necessary for functionality? If I pay 60 dollars for a game as a separate purchase does that purchase promise me future updates for that specific game regardless of what switch I put it in?
This is why it is usually easier to just proactively prevent piracy than to punish consumers after you've taken their money already.
This online world is getting scarier though. How long before Tesla reserves the right to disable your car for violating some arbitrary TOS they decided you agreed to when you gave them a wheelbarrow full cash. Maybe they already have I don't know.
Comments 4
Re: PSA: You Might Want To Be Careful Buying Pre-Owned Switch 1 Games For Your Switch 2
Nintendo is trying to kill a fly by swinging a chainsaw violently around their own house. They don't seem to care how much collateral damage they cause to themselves or others just trying to enjoy their games.
Re: iFixit Performs A Full Teardown Of Nintendo's "P**s-Poor" Pro Controller
After my first one succumbed to stick drift there is no way I will trust Nintendo pro controllers until they are hall effect.
Re: Nintendo's Ability To Ban Switch 2 Consoles Has Landed It In Hot Water
I think it is going to come down to 2 main questions.
1. What will courts decide you are purchasing when you give Nintendo your money?
2. Can Nintendo demonstrate that the owner of the Switch they are bricking did anything wrong besides violate their TOS?
"We think you might've done something wrong" isn't going to normally cut it in a court of law when you took someone's 500 dollars in exchange for something.
What that something is that you purchased is certainly up for debate. Does the purchase price entitle you to be able to play games on it? What if that physical game is just a key that gives you access to an online version?
I think most agree that you aren't entitled to more proactive services like access to servers for online multiplayer, but what about online updates that are necessary for functionality? If I pay 60 dollars for a game as a separate purchase does that purchase promise me future updates for that specific game regardless of what switch I put it in?
This is why it is usually easier to just proactively prevent piracy than to punish consumers after you've taken their money already.
This online world is getting scarier though. How long before Tesla reserves the right to disable your car for violating some arbitrary TOS they decided you agreed to when you gave them a wheelbarrow full cash. Maybe they already have I don't know.
Re: Don't Worry, Nintendo's Thinking About Affordability With Switch 2 Pricing
$400 bundled with a game is the only way to avoid another 3DS launch disaster.