Although the Switch 2 will use emulation for the sake of backwards compatibility, Nintendo is not a fan of emulators. The company has often aggressively pursued fan efforts to create emulators, like when it shut down the team behind Yuzu in 2024. It may be more accurate to say that Nintendo vehemently doesn’t like unauthorized use of its products in general. The game publisher is now stepping up its fight against those who hack their console, run emulators, and so on by threatening to brick their systems.
First spotted by Game File, Nintendo has reportedly been busy sending out emails to players. The email is meant to notify players that the company has made changes to its Nintendo User Account Agreement. If you want to continue using online-connected Nintendo services, like the eShop, Nintendo Switch Online, or any digital games, then you have to accept the agreement.
According to Game File, a little over 100 edits were made to the document. While most of the changes appear to be inconsequential, there’s one strongly worded section that seems to have been edited to deal with some of the headaches the company has recently had to deal with. Before the alterations, this section read:
You are not allowed to lease, rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble all or any portion of the Nintendo Account Services without Nintendo’s written consent, or unless otherwise expressly permitted by applicable law.
This particular section has been changed to warn anyone who hacks or modifies their console or games, runs emulators, or engages in piracy that they risk having their console become “unusable.” Here’s what the expanded section says:
Without limitation, you agree that you may not (a) publish, copy, modify, reverse engineer, lease, rent, decompile, disassemble, distribute, offer for sale, or create derivative works of any portion of the Nintendo Account Services; (b) bypass, modify, decrypt, defeat, tamper with, or otherwise circumvent any of the functions or protections of the Nintendo Account Services, including through the use of any hardware or software that would cause the Nintendo Account Services to operate other than in accordance with its documentation and intended use; (c) obtain, install or use any unauthorized copies of Nintendo Account Services; or (d) exploit the Nintendo Account Services in any manner other than to use them in accordance with the applicable documentation and intended use, in each case, without Nintendo’s written consent or express authorization, or unless otherwise expressly permitted by applicable law. You acknowledge that if you fail to comply with the foregoing restrictions Nintendo may render the Nintendo Account Services and/or the applicable Nintendo device permanently unusable in whole or in part.
It appears the wording is a little different and less severe for players in the UK, as pointed out by Nintendo Life. This version of the document states:
Any Digital Products registered to your Nintendo Account and any updates of such Digital Products are licensed only for personal and non-commercial use on a User Device. Digital Products must not be used for any other purpose. In particular, without NOE’s written consent, you must neither lease nor rent Digital Products nor sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of Digital Products other than as expressly permitted by applicable law. Such unauthorised use of a Digital Product may result in the Digital Product becoming unusable.
Nintendo doesn’t clarify what it means by “unusable in whole or in part,” but it’s most likely referring to disabling the device or shutting off online services. In related news, Nintendo also updated its privacy policy, adding that it can listen in on online chats to “detect violations” for the purpose of maintaining a “family-friendly online environment.”
