> 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]. 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's hard to feel sympathetic when literally everything above is illegal anyway, under the CFAA and DMCA. To me, this is a "we could brick your console if you do illegal stuff," which is nothing new (you can't steal an iPhone without Apple bricking it). This is also, presumably, why Nintendo believes they can get away with it - there's no way you can possibly sue without exposing yourself.

Also, note that this specifically targets Nintendo Account Services. This isn't you casually modding or even cheating; this is you hacking your console, and then using that entry point (your console's unique authentication certificates) to try and get into Nintendo's infrastructure. Even the people hacking Switch 1 knew that if you probe the CDN in a way even slightly unusual, you get permanently banned instantly.

I'm not saying I like it; I'm saying that it's irrelevant to any decent customer who isn't planning to be taking inventory of Nintendo's online endpoints.

Whatever their thinking the result is the same you don't have ownership over the thing you bought.

In that case, we've never even showed up to the battle, there's been copy protection and ROM encryption since arcade cabinets.

https://retrocomputing.stackexchange.com/questions/24481/whi...

We're arguably in a better place than we used to be, in some respects. Consider the Capcom CPS2 - an arcade cabinet that self-destructs when the battery expires or is removed for any reason. Now that's unthinkable and actually anti-consumer.

https://en.wikipedia.org/wiki/CP_System_II

https://www.youtube.com/watch?v=vCtXZM8iG-o&pp=ygULQ2FwY29tI...

My point is... the Nintendo Switch 2 doesn't really stand out as exceptional in any regard compared to historical practices that we culturally already accepted.

Arcade cabinets aren't/weren't consumer products.

Nintendo switch 2 is a consumer product.

AFAICT, Nintendo can't brick GameCube, N64, SNES, NES, Gameboy etc. remotely.

If can receive a firmware update over the internet; you bet it can be bricked remotely, or otherwise upgraded to be capable of remote bricking. That applies to any and all devices, including those already sold. For that matter, I've lost track of all the times Linux distributions have done remote bricking, albeit by accident.