• @ReallyActuallyFrankenstein
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    33 months ago

    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.

      • @ReallyActuallyFrankenstein
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        4
        edit-2
        3 months ago

        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.

      • Zoot
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        fedilink
        23 months ago

        That doesn’t count for physical cartridges, especially not ones not even made by Nintendo lol.

        • tehWrapper
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          fedilink
          23 months ago

          Every cart is made by Nintendo first party or not… its a proprietary media format…