Written by In a move that underscores just how tightly console giants want to control your hardware, Nintendo has quietly updated its End User License Agreement (EULA) to include a clause that essentially lets it permanently disable your console if it suspects you’re pirating games or tampering with your Switch.
Yes, you read that correctly. According to the updated agreement—spotted by Game File—Nintendo now claims it can render your device “permanently unusable” if you violate its ever-expanding list of restrictions. That could include jailbreaking your system, extracting ROMs from games you own, or even just dual-booting into another operating system.
You Don’t Own That Switch—Nintendo Does
The new EULA language is chillingly clear:
“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.”
This marks a significant escalation from the previous EULA, which at least gave some wiggle room for activities “expressly permitted by applicable law.” That clause is now gone, replaced by a hard line that targets modders, emulators, and even tinkerers who just want to optimize their gaming experience.
And what counts as a violation? Here’s a sampler:
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Copying or modifying Nintendo software or services
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Reverse engineering or decompiling any part of it
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Circumventing hardware or software protections
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Using any unauthorized copies of Nintendo software
Modding is Not Piracy, and Ownership Should Mean Something
Nintendo’s aggressive stance isn’t new—it famously took Gary Bowser to court, resulting in a multi-million dollar judgment, and recently won a piracy case in France with sweeping EU implications. But this is the first time it has codified the nuclear option of bricking your hardware at will into its consumer agreement.
That raises serious questions about digital ownership. When you spend $450 on a console, shouldn’t you own it? Shouldn’t you have the right to tinker with it, especially if you’re not harming others or stealing content?
And what if there’s a false positive? Nintendo hasn’t clarified how it will detect these supposed violations, but its reputation for being litigious and overly aggressive doesn’t exactly inspire confidence.
Meanwhile, on PC…
This entire situation is yet another reason PC gaming continues to stand head and shoulders above the locked-down console world. On PC, you’re free to mod, emulate, dual-boot, reverse-engineer, and do virtually anything with your hardware and software—because you actually own it.
Want to improve a game’s performance or visuals? Go ahead. Want to install a custom OS or create your own game builds? Knock yourself out. PC gamers have long embraced modding communities, and many classic games only survived into the modern era thanks to user mods and unofficial support.
Meanwhile, Nintendo seems more interested in shutting those communities down, even as its own aging hardware increasingly fails to meet modern performance standards. Ironically, many Switch games run better on PC emulators than on actual Switch hardware—a fact that only intensifies the company’s war on modders.
Conclusion: Your Console, Their Rules
Nintendo’s new EULA makes one thing very clear: When you buy a Switch, you’re not buying freedom—you’re buying a license to use the device on their terms. And if you step out of line, they now reserve the right to flip the kill switch.
It’s a stark contrast to the open ecosystem of PC gaming, where ownership still means something and innovation thrives in the hands of users—not just corporations.
In this battle for control, PC gaming remains undefeated.