Hmm, it’s been awhile since I set up my Switch. Yup, if the user must agree to this at Switch setup, then you’re right.
That said a good lawyer would argue every game purchase is by default covered by its own right-of-first-sale and backup copy case law foundation, so would require a click wrap agreement affirmation to contravene that. Definitely that is required for each new game. So I think Nintendo’s not on reliable legal ground at the very least.
You are not logged in. However you can subscribe from another Fediverse account, for example Lemmy or Mastodon. To do this, paste the following into the search field of your instance: [email protected]
No game suggestions, friend requests, surveys, or begging.
No Let’s Plays, streams, highlight reels/montages, random videos or shorts.
No off-topic posts/comments, within reason.
Use the original source, no clickbait titles, no duplicates.
(Submissions should be from the original source if possible, unless from paywalled or non-english sources.
If the title is clickbait or lacks context you may lightly edit the title.)
https://en-americas-support.nintendo.com/app/answers/detail/a_id/48058/
Pretty sure number 1 covers it, but I’m not a lawyer.
That doesn’t count for physical cartridges, especially not ones not even made by Nintendo lol.
Every cart is made by Nintendo first party or not… its a proprietary media format…
Hmm, it’s been awhile since I set up my Switch. Yup, if the user must agree to this at Switch setup, then you’re right.
That said a good lawyer would argue every game purchase is by default covered by its own right-of-first-sale and backup copy case law foundation, so would require a click wrap agreement affirmation to contravene that. Definitely that is required for each new game. So I think Nintendo’s not on reliable legal ground at the very least.