Despite a history of loyal gamers and fun family memories, the latest decisions around the Nintendo Switch 2 are making many fans upset. Nintendo will brick Switch 2 consoles for violating their rules. “Brick” here means to disable or restrict, basically making the Switch 2 entirely or almost unusable, like a brick sitting in your game room. The problem is that many people did not realize they were doing anything wrong. For example, some gamers bought hardware that allowed them to play their own games from the Switch 1 on the Switch 2, but Nintendo then bricked the consoles out of fear of pirated games being passed around.
The Nintendo Switch 2 is a very new video game system. It launched on June 5, 2025, at a price of $449.99. It launched with games like “Mario Kart World” and “Donkey Kong Bananza.” This new console boasted features like online GameChat, better processing and graphics performance, and more online capabilities.
According to Nintendo Switch 2’s specific terms of service, or user agreement, if Nintendo determines you are in breach of their rules, they can revoke your access to the system either fully or partially. Since the game console is all tied to the internet, including updates, online play, and game licenses, Nintendo can brick your console remotely without ever having to touch your hardware.
What does the Nintendo Switch 2 user agreement say?
One line from the user agreement states: “You acknowledge that if you fail to comply with the foregoing restrictions Nintendo may render the Console and/or the Software permanently unusable in whole or in part.” It also says: “[The] Software is licensed, not sold, to you, and you may not make use of the Software except as expressly authorized by this Agreement.” This reinforces that you don’t truly own your console — you are renting its software. That means Nintendo has full control over access, and they can revoke it at any time if you breach the license.
Even if your Switch 2 works today, Nintendo could release an update tomorrow that detects and disables it. The company also does not allow any modifications to the Switch 2. This means that even minor tweaks or using accessories Nintendo has not explicitly authorized could violate the terms.
If your Switch 2 is banned by Nintendo, or if you lose access to a game or another feature, the terms enforce that it is solely your problem. Nintendo waives its responsibility and denies refund eligibility if they are the reason your console stops working. The company can even tie services to additional agreements, which, if violated, allows them to legally revoke your access to the Switch 2 software.
What can you do if your Switch 2 is bricked?
Unfortunately, there is not much you can do if your console is bricked. The user agreement states: “This arbitration provision precludes you and Nintendo from suing in court, having a trial by jury, or participating in a class action. … You and Nintendo are each waiving the right to trial by a jury.” Basically, that means you cannot sue Nintendo, you cannot join a class action lawsuit, and you must go through a private arbitration process.
If you think you were unjustly bricked, you must send a formal notice by certified mail, and then arbitration can start. The terms also state that if you don’t follow the exact dispute process, you may have to pay Nintendo’s legal costs. The entire process is intentionally burdensome, making gamers either too scared to challenge Nintendo or not wanting to go through such a lengthy and complex process, even if they believe their console was bricked unfairly.
This whole process has certainly hurt the Nintendo Switch 2’s public image. However, all the rules from the user agreement stem from concern over users playing games they did not pay for. For now, longtime fans of Nintendo are hoping for a balance that prevents games from being pirated while also not unfairly shutting down expensive consoles of users who did not realize they were doing anything wrong at all.
