As Russ notes, this is the second strike from Nintendo on his channel. The first, it’s worth pointing out, was related to his coverage of a device which allows you to dump Switch games to your computer
[My emphasis]
It should be noted, the only way to legally play an emulated game is to dump the files off a cart/cd/floppy/w.e that you personally own. Which makes this even more egregious, as the video is about a device that could be used for piracy, but is also one of the only ways to legally make a backup of your property.
Is there a Nintendo license agreement? I’m looking at a Switch game right now and see no “by opening you agree to TOS” language on the box. When I started the new Zelda a few days ago, there was no TOS acceptance.
While most software today has a license, and Nintendo’s online store is different, unless I’m missing something it looks like only basic rules of law apply to the carts.
Hmm, it’s been awhile since I set up my Switch. Yup, if the user must agree to this at Switch setup, then you’re right.
That said a good lawyer would argue every game purchase is by default covered by its own right-of-first-sale and backup copy case law foundation, so would require a click wrap agreement affirmation to contravene that. Definitely that is required for each new game. So I think Nintendo’s not on reliable legal ground at the very least.
[My emphasis]
It should be noted, the only way to legally play an emulated game is to dump the files off a cart/cd/floppy/w.e that you personally own. Which makes this even more egregious, as the video is about a device that could be used for piracy, but is also one of the only ways to legally make a backup of your property.
I feel like Nintendo licence agreement for all the games would have some clause your not allow to dump or run the game on other hardware.
I’m sure they do, however, as with 90%+ of most EULA’s contents, that wouldn’t stand up as legally binding in a fair number of countries.
Is there a Nintendo license agreement? I’m looking at a Switch game right now and see no “by opening you agree to TOS” language on the box. When I started the new Zelda a few days ago, there was no TOS acceptance.
While most software today has a license, and Nintendo’s online store is different, unless I’m missing something it looks like only basic rules of law apply to the carts.
https://en-americas-support.nintendo.com/app/answers/detail/a_id/48058/
Pretty sure number 1 covers it, but I’m not a lawyer.
Hmm, it’s been awhile since I set up my Switch. Yup, if the user must agree to this at Switch setup, then you’re right.
That said a good lawyer would argue every game purchase is by default covered by its own right-of-first-sale and backup copy case law foundation, so would require a click wrap agreement affirmation to contravene that. Definitely that is required for each new game. So I think Nintendo’s not on reliable legal ground at the very least.
That doesn’t count for physical cartridges, especially not ones not even made by Nintendo lol.
Every cart is made by Nintendo first party or not… its a proprietary media format…