Nintendo has implemented a new legal strategy to address piracy, which may prove highly effective. According to an updated clause in the Nintendo User Agreement, the company is now authorized to disable a Switch console if it detects the presence of pirated games or modifications. This change, which Nintendo did not widely announce, was identified by Stephen Totilo of Game File, who reviewed the updated terms.
Nintendo specifies that users must not "bypass, modify, decrypt, defeat, tamper with, or otherwise circumvent any of the functions or protections of the Nintendo Account Services." Previously, the agreement only restricted users from adapting, reverse-engineering, or modifying a Nintendo user account. The revised language provides specific definitions of prohibited actions regarding the Switch. Breaching these terms might result in the device becoming "permanently unusable in whole or in part," implying that consoles found with emulators or pirated games could be rendered non-functional.
This recent enforcement measure aligns with Nintendo’s longstanding position against emulation. In March 2024, the company filed a lawsuit against the Switch emulator called Yuzu, alleging that its developers were enabling piracy. Similarly, later that year, another emulator, Ryujinx, ceased operations following an agreement with Nintendo to discontinue the project in October. This update to the user agreement coincides with the anticipated release of the Switch 2, scheduled for June 5.
