Nintendo’s updated End User License Agreement (EULA) for the Switch 2 contains an interesting clause for US customers that’s notably absent in Europe. The US version explicitly states that Nintendo reserves the right to make the console “permanently unusable… in whole or in part” if users violate anti-piracy or anti-tampering restrictions.
The specific language in the US EULA reads: “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.”
By contrast, the European version makes no mention of permanently disabling hardware. The EU EULA only states that violations may “limit your use” of online services or applications, without referencing the ability to disable the physical console itself.
This regional difference probably comes from stronger consumer protection laws in Europe, which restrict companies’ ability to disable purchased hardware after sale. The European Union’s right to repair and digital goods directives offer safeguards that American consumers currently lack.
Even though the language sounds pretty intimidating, there’s no proof Nintendo actually plans to remotely “brick” consoles. The usual thing across the industry is to ban consoles that break the rules from network services, not to disable the hardware altogether. Sony and Microsoft have similar clauses in their EULAs, though usually they limit things to network bans.
However, with modern consoles relying more and more on online verification, a network ban can seriously cripple what the device can do. For the Switch 2, “Game Key” cards and digital purchases need online validation, so banned consoles would lose access to a chunk of their game library.
Physical cartridge games would still work offline, but many new games require downloads, updates, or online validation—which wouldn’t be possible on a banned device. A total ban might also stop people from redownloading purchased digital games.
The legal loophole
The difference in regional EULAs shows an interesting gap in digital rights protections worldwide. European consumers have better protections against having their purchased hardware remotely disabled, while US consumers could get hit harder for the same violations.
For players worried about this policy, the good news is that Nintendo has usually been pretty fair about handling ban appeals, especially if someone gets caught up in a mistake or bought a secondhand game that was previously used for piracy.
