Nintendo faces government challenge over Switch 2 nuke powers — Brazilian watchdog says end-user license agreement contains 'abusive clauses'

Nintendo is facing a legal challenge from a Brazilian consumer watchdog, which claims that clauses in its end-user license agreement pertaining to restricting user access to online services are "abusive."

As spotted by Dexerto, Procon-SP has contacted Nintendo to request changes to clauses "considered abusive" in the contracts signed by Brazilian consumers. As it emerged last month, Nintendo's updated user agreement, which users are required to agree to in order to use the console, allows Nintendo to disable your online account, restrict access to certain services, or even brick your console if you fall foul of its stringent copyright rules.

As per the EULA, Nintendo warns users in the opening paragraphs that if users sign up to the agreement and fail to comply, "Nintendo may render the Console and/or the Software permanently unusable in whole or in part." The changes, enacted to coincide with the launch of the Nintendo Switch 2, are a pertinent reminder of Nintendo's extremely severe attitude to any type of piracy of its content.

Procon-SP says its main complaint pertains to "the unilateral and unjustified cancellation of subscriptions to the company's services," and further warned consumers that protections were limited because Nintendo has no formal representation in Brazil. As such, it has had to contact Nintendo's U.S. Headquarters, after which Nintendo appointed a Brazilian law firm to handle the dispute.

The news is pertinent, given Nintendo has already started nuking Switch 2 user accounts over use of the controversial Mig Flash card. As we've previously reported, the specialized cartridge mimics a Nintendo Switch 2 cartridge, allowing users to store multiple game ROMs or backups on a microSD. While this has obvious nefarious applications when it comes to piracy, Switch 2 users claim they are being banned for using dumps of their own cartridges, which is something of a legal grey area.

Nintendo says it will review the Procon-SP request and respond within 20 days. The Switch 2 has seen unprecedented demand since launch, smashing the company's sales record for a console's opening weekend. Indeed, it's so hard to get hold of that Nintendo's president even issued an apology over the shortage.

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