Nintendo's May 2025 Policy Updates: Difference between revisions
Tweaks around the whole article, all details from https://wiki.rossmanngroup.com/Nintendo_can_brick_your_hardware_if_you_mod_a_game merged in, consider cousin article deletion. |
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*Updates to '''Section 6 (User-Generated Content)''' of the EULA, now requiring adherence to Nintendo's specific content guidelines. | *Updates to '''Section 6 (User-Generated Content)''' of the EULA, now requiring adherence to Nintendo's specific content guidelines. | ||
*New provisions in '''Section 13 (Breach and Termination of the Agreement)''' of the EULA, where Nintendo reserves the right in some regions (notably the US) to ''"render the Nintendo Account Services and/or the applicable Nintendo device permanently unusable in whole or in part."''<ref name="EULASummaryChanges">{{Cite web |title=Nintendo Account User Agreement - What's Changed? |url=https://www.nintendo.com/us/eula-update/ |website=Nintendo |access-date=May 15, 2025}}</ref> | *New provisions in '''Section 13 (Breach and Termination of the Agreement)''' of the EULA, where Nintendo reserves the right in some regions (notably the US) to ''"render the Nintendo Account Services and/or the applicable Nintendo device permanently unusable in whole or in part."''<ref name="EULASummaryChanges">{{Cite web |title=Nintendo Account User Agreement - What's Changed? |url=https://www.nintendo.com/us/eula-update/ |website=Nintendo |access-date=May 15, 2025}}</ref> | ||
*Significant changes to '''Section 16 (Dispute Resolution)''' of the EULA, mandating [[forced arbitration]] and including a class-action waiver, though with an opt-out provision.<ref name="EULASummaryChanges" /> | *Significant changes to '''Section 16 (Dispute Resolution)''' of the EULA, mandating [[forced arbitration]] and including a class-action waiver, though with an opt-out provision.<ref name="EULASummaryChanges" /> | ||
==Background== | ==Background== | ||
[[Nintendo]] has historically been known to be restrictive with how the company has enforced its policies. During the time the company supported the | [[Nintendo]] has historically been known to be restrictive with how the company has enforced its policies. During the time the company supported the Wii U throughout the 2010s, users attempting to share footage of their games on platforms, such as [[YouTube]], were at risk of having said content taken down,<ref name="IGNLetsPlays2013">{{Cite web |last=Macdonald |first=Keza |date=May 16, 2013 |title=Nintendo Enforces Copyright on Youtube Let's Plays |url=https://www.ign.com/articles/2013/05/16/nintendo-enforces-copyright-on-youtube-lets-plays |access-date=May 14, 2025 |website=IGN}}</ref><ref name="ArsLivestreams2017">{{Cite web |last=Orland |first=Kyle |date=Oct 2, 2017 |title=Nintendo no longer welcoming YouTube livestreams of its games |url=https://arstechnica.com/gaming/2017/10/nintendo-cuts-off-ad-program-for-youtube-livestreamers/ |access-date=May 14, 2025 |website=Ars Technica}}</ref> later requiring consumers to join an affiliate program<ref name="IGNAffiliate2015">{{Cite web |last=Pitcher |first=Jenna |date=Jan 29, 2015 |title=Nintendo Rolls Out Beta Affiliate Program for YouTube Creators |url=https://www.ign.com/articles/2015/01/29/nintendo-rolls-out-beta-affiliate-program-for-youtube-creators |access-date=May 14, 2025 |website=IGN}}</ref> that continues to exist today. The [[Nintendo Creators Program]] claimed a significant portion of the video's ad revenue ''(Nintendo's share was reported to be 30-40% for the creator, meaning Nintendo took 60-70% initially, though terms later allowed up to 70% for creators)'',<ref name="ArsAdRevenue2015">{{Cite web |last=Orland |first=Kyle |date=Jan 29, 2015 |title=Nintendo to share up to 70 percent of ad revenue with game YouTubers |url=https://arstechnica.com/gaming/2015/01/nintendo-to-share-up-to-70-percent-of-ad-revenue-with-game-youtubers/ |access-date=May 14, 2025 |website=Ars Technica}}</ref> and restricting content critical of Nintendo or its IP.<!--Find a way to wedge in the fact that they were originally requiring videos on Nintendo products to EXCLUSIVELY advertise Nintendo products, while also claiming all advertising revenue from a video initially. | ||
Sources I linked already mention this fact, so no need to worry so much about the validity of this info. | Sources I linked already mention this fact, so no need to worry so much about the validity of this info. | ||
- JamesTDG (restored from a previous revision) | - JamesTDG (restored from a previous revision) | ||
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This may be a detail better preserved on a dedicated article on this incident - JamesTDG 5/15/25--> | This may be a detail better preserved on a dedicated article on this incident - JamesTDG 5/15/25--> | ||
The enforcement of these policies has also seen the closure of Tournaments,<ref name="ArsSmashTournaments2013">{{Cite web |last=Orland |first=Kyle |date=Jul 11, 2013 |title=Why Nintendo can legally shut down any Smash Bros. tournament it wants |url=https://arstechnica.com/gaming/2013/07/why-nintendo-can-legally-shut-down-any-smash-bros-tournament-it-wants/ |access-date=May 15, 2025 |website=Ars Technica}}</ref> lawsuits against competing | The enforcement of these policies has also seen the closure of Tournaments,<ref name="ArsSmashTournaments2013">{{Cite web |last=Orland |first=Kyle |date=Jul 11, 2013 |title=Why Nintendo can legally shut down any Smash Bros. tournament it wants |url=https://arstechnica.com/gaming/2013/07/why-nintendo-can-legally-shut-down-any-smash-bros-tournament-it-wants/ |access-date=May 15, 2025 |website=Ars Technica}}</ref> lawsuits against competing companies,<ref>{{Cite web |last=@PirateSoftware |date=17 Oct 2024 |title=Palworld Lawsuit |url=https://www.youtube.com/watch?v=c4ZZx4wiofw |url-status=live |access-date=7 May 2025 |website=[[YouTube]]}}</ref><ref>{{Cite news |last=Norman |first=Jim |date=May 5, 2025 |title=Accessory Manufacturer Genki Responds To Nintendo's Switch 2 Lawsuit |url=https://www.nintendolife.com/news/2025/05/accessory-manufacturer-genki-responds-to-nintendos-switch-2-lawsuit |work=Nintendo Life}}</ref> the persistent war on emulation,<ref>{{Cite news |last=Robertson |first=Joshua |date=Oct 1, 2024 |title=Nintendo Is Going After YouTubers That Show Off Emulated Game Footage |url=https://www.thegamer.com/nintendo-striking-youtubers-using-emulated-game-footage/}}</ref><ref>{{Cite web |last=@Hemos |date=12 Feb 1999 |title=Nintendo Confirms It Will Sue UltraHLE Creators 96 |url=https://games.slashdot.org/story/99/02/12/0943207/nintendo-confirms-it-will-sue-ultrahle-creators |url-status=live |access-date=7 May 2025 |website=games.slashdot.org}}</ref><ref>{{Cite web |last=Ford |first=Joseph |date=11 Apr 2024 |title=Ninten-don’t: Breaking Down the Yuzu Emulator Lawsuit |url=https://www.romanolaw.com/ninten-dont-breaking-down-the-yuzu-emulator-lawsuit/ |url-status=live |access-date=7 May 2025 |website=www.romanolaw.com}}</ref> and more. Due to how far Nintendo has historically aimed to enforce its policies, it is reasonable to expect these May 2025 policy updates to be similarly enforced.<!-- Question to what extent this is relevant for an incident article? | ||
It was more just the first example that came to mind as a way to demonstrate how strict the policy is. - JamesTDG | It was more just the first example that came to mind as a way to demonstrate how strict the policy is. - JamesTDG | ||
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Makes sense - in that case, might be more suitable for the overall Nintendo article? -Keith --> | Makes sense - in that case, might be more suitable for the overall Nintendo article? -Keith --> | ||
==The | ==The updates: May 2025== | ||
In early May 2025, Nintendo published these updates to the [[Nintendo]] Account User Agreement<ref name="EULAMain" /> and Privacy Policy.<ref name="PrivacyPolicyMain" /> The changes significantly affect consumer rights concerning products they use and their legal recourse against the company. | In early May 2025, Nintendo published these updates to the [[Nintendo]] Account User Agreement<ref name="EULAMain" /> and Privacy Policy.<ref name="PrivacyPolicyMain" /> The changes significantly affect consumer rights concerning products they use and their legal recourse against the company. | ||
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<!-- here, The original wiki text stated: "Due to an error in the email systems of Nintendo, many consumers were informed several days after the terms were applicable, thus giving them no reasonable time to 'opt-out' of the changes via the only means of deleting their account, as was affirmed by the email."[citation needed] --> | <!-- here, The original wiki text stated: "Due to an error in the email systems of Nintendo, many consumers were informed several days after the terms were applicable, thus giving them no reasonable time to 'opt-out' of the changes via the only means of deleting their account, as was affirmed by the email."[citation needed] --> | ||
=== Details of the Updated Terms<!--File names for relevant images, if we wanted to include them: Nintendo_Account_User_Agreement_.jpg New_changes_image.png Maybe pile: Nintendo_EULA_Class_action_waiver_section.jpg--> === | ===Details of the Updated Terms<!--File names for relevant images, if we wanted to include them: Nintendo_Account_User_Agreement_.jpg New_changes_image.png Maybe pile: Nintendo_EULA_Class_action_waiver_section.jpg-->=== | ||
====Nintendo Account User Agreement (EULA)==== | ====Nintendo Account User Agreement (EULA)==== | ||
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==Consumer response== | ==Consumer response== | ||
There has been | There has been significant consumer backlash over the changes to these terms, leading many to expect that Nintendo is trying to reserve their right to 'brick' customer's consoles as a measure of policy enforcement,<ref name="RunNGameYouTube">{{Cite web |last=Run N Game Entertainment |date=May 13, 2025 |title=Is Nintendo breaking the law? |url=https://www.youtube.com/watch?v=0hOiD-lvaok |access-date=May 14, 2025 |website=YouTube}}</ref><ref name="FashoKangYouTube">{{Cite web |last=Fasho |first=Kang |date=May 11, 2025 |title=The Switch 2 will RUIN Gaming [Full Controversy Explained] (Angry Rant) |url=https://www.youtube.com/watch?v=0P8Pv97mt8U |access-date=May 14, 2025 |website=YouTube}}</ref><ref name="NintenDeenYouTube">{{Cite web |last=NintenDeen |date=May 9, 2025 |title=Console Bans |url=https://www.youtube.com/watch?v=v1H6cKTNxKM |access-date=May 14, 2025 |website=YouTube}}</ref><ref name="PsybeamYouTube">{{Cite web |last=Psybeam |date=May 9, 2025 |title=Nintendo Can Now Permanently Disable Your Switch If You're Found Modding |url=https://www.youtube.com/watch?v=mG7LoNJcpw8 |access-date=May 14, 2025 |website=YouTube}}</ref> despite the fact that intentionally rendering a device inoperable would be a violation of consumer protection laws within the United States and European Union. This however does not mean [[Nintendo]] cannot hinge the functionality of the device's software excessively on an online connection to their servers, meaning a ban could render a console functionally useless by restricting access to game patches (which are only installable through a connection to Nintendo's servers, there is no offline patch functionality). | ||
Concerns were widely reported by major gaming publications. Eurogamer<ref name="EurogamerBricking2025">{{Cite web |last=Nightingale |first=Ed |date=May 9, 2025 |title=Nintendo reserves the right to brick your console following "unauthorised use", in bid to prevent piracy |url=https://www.eurogamer.net/nintendo-reserves-the-right-to-brick-your-console-following-unauthorised-use-in-bid-to-prevent-piracy |access-date=May 9, 2025 |website=Eurogamer}}</ref> and Game File<ref name="GameFileEffectiveDate" /> were among the outlets<ref>{{Cite web |last=McCrae |first=Scott |date=8 May 2025 |title=New Nintendo of America policy asks users to give up their rights to a class-action lawsuit and call customer service instead: "Most matters can be quickly resolved in this manner" |url=https://www.gamesradar.com/platforms/nintendo/new-nintendo-of-america-policy-asks-users-to-give-up-their-rights-to-a-class-action-lawsuit-and-call-customer-service-instead-most-matters-can-be-quickly-resolved-in-this-manner/ |access-date=9 May 2025 |website=GamesRadar}}</ref><ref>{{Cite web |last=Litchfield |first=Ted |date=10 May 2025 |title=PC gaming remains undefeated: Nintendo now says it has the right to brick your Switch if it thinks you're pirating games or modifying the console |url=https://www.pcgamer.com/gaming-industry/pc-gaming-remains-undefeated-nintendo-now-says-it-has-the-right-to-brick-your-switch-if-it-thinks-youre-pirating-games-or-modifying-the-console/ |url-status=live |access-date=11 May 2025 |website=PC Gamer}}</ref> covering these details. Other publications like IGN,<ref name="IGNBrickingMay2025" /> GameSpot,<ref name="GameSpotBrickingQuote" /> TechRadar,<ref name="TechRadarBricking2025">{{Cite web |last=Publisher |first=Future |date=May 12, 2025 |title=Nintendo now says it can disable your Switch or potentially even your new Switch 2 if you don't follow its user agreement |url=https://www.techradar.com/gaming/nintendo-now-says-it-can-disable-your-switch-or-potentially-even-your-new-switch-2-if-you-dont-follow-its-user-agreement |access-date=May 15, 2025 |website=TechRadar}}</ref> GamesIndustry.biz,<ref name="GamesIndustryBrickingQuote" /> and Android Authority<ref name="McNealAA2025" /> also provided analysis and reported on user concerns. | Concerns were widely reported by major gaming publications. Eurogamer<ref name="EurogamerBricking2025">{{Cite web |last=Nightingale |first=Ed |date=May 9, 2025 |title=Nintendo reserves the right to brick your console following "unauthorised use", in bid to prevent piracy |url=https://www.eurogamer.net/nintendo-reserves-the-right-to-brick-your-console-following-unauthorised-use-in-bid-to-prevent-piracy |access-date=May 9, 2025 |website=Eurogamer}}</ref> and Game File<ref name="GameFileEffectiveDate" /> were among the outlets<ref>{{Cite web |last=McCrae |first=Scott |date=8 May 2025 |title=New Nintendo of America policy asks users to give up their rights to a class-action lawsuit and call customer service instead: "Most matters can be quickly resolved in this manner" |url=https://www.gamesradar.com/platforms/nintendo/new-nintendo-of-america-policy-asks-users-to-give-up-their-rights-to-a-class-action-lawsuit-and-call-customer-service-instead-most-matters-can-be-quickly-resolved-in-this-manner/ |access-date=9 May 2025 |website=GamesRadar}}</ref><ref>{{Cite web |last=Litchfield |first=Ted |date=10 May 2025 |title=PC gaming remains undefeated: Nintendo now says it has the right to brick your Switch if it thinks you're pirating games or modifying the console |url=https://www.pcgamer.com/gaming-industry/pc-gaming-remains-undefeated-nintendo-now-says-it-has-the-right-to-brick-your-switch-if-it-thinks-youre-pirating-games-or-modifying-the-console/ |url-status=live |access-date=11 May 2025 |website=PC Gamer}}</ref> covering these details. Other publications like IGN,<ref name="IGNBrickingMay2025" /> GameSpot,<ref name="GameSpotBrickingQuote" /> TechRadar,<ref name="TechRadarBricking2025">{{Cite web |last=Publisher |first=Future |date=May 12, 2025 |title=Nintendo now says it can disable your Switch or potentially even your new Switch 2 if you don't follow its user agreement |url=https://www.techradar.com/gaming/nintendo-now-says-it-can-disable-your-switch-or-potentially-even-your-new-switch-2-if-you-dont-follow-its-user-agreement |access-date=May 15, 2025 |website=TechRadar}}</ref> GamesIndustry.biz,<ref name="GamesIndustryBrickingQuote" /> and Android Authority<ref name="McNealAA2025" /> also provided analysis and reported on user concerns. | ||
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==References== | ==References== | ||
{{reflist}} | {{reflist}} | ||
[[Category:Incidents]] | [[Category:Incidents]] | ||
[[Category:Nintendo]] | [[Category:Nintendo]] | ||