Nintendo has updated its Nintendo Account Agreement with a severe warning against "unauthorised use", in a bid to prevent emulation and piracy.
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269d

You always have with Nintendo products. They have always had very aggressive licensing practices. In the early days they were more flexing them on developers, but it does not surprise me that in the wake of everyone telling them that modding and emulators can be explicitly legal that they would turn that particularly litigious aspect of their family friendly brand on the customers.

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Afaik not in Europe. But the details are probably messy.

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