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Nintendo Is Already Punishing Switch 2 Users Over Piracy ‘Suspicions’ (www.techdirt.com)
submitted 3 days ago by [email protected] to c/[email protected]
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[-] [email protected] 0 points 2 days ago

You may have the right to make a backup, but playing that backup on a non sectioned device or via non sectioned means is still a breach of the TOS and breaking the license terms of the game and/or console. Oh and it is in violation of the DMCA as far as I know, because to make the backup it is needed to circumvent copy protection, which is forbidden by the rules of the DMCA (and equal laws in other jurisdictions like Europe). You may own the cartridge, but you still only have a license (with very specific terms and rules) to use the software on it.

[-] [email protected] 5 points 2 days ago* (last edited 2 days ago)

Using modified hardware might break other regulations or terms of services, but using a backup copy of a copy you own that hardware is not piracy in several jursidictions. Which is the answer to the question in the comment.

[-] [email protected] 0 points 2 days ago

Nearly all jurisdictions have DMCA like laws which clearly say that circumventing copy protection is against the law. So in those jurisdictions it is piracy to use a backup of a copy protected game and I am very sure that a map of the countries where the Switch 2 can be officially bought and a map with countries who have thoses laws will produce a lot of matches. Maybe I am wrong, but I highly doubt it.

this post was submitted on 20 Jun 2025
193 points (96.6% liked)

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