Read from dexerto:
Brazil's consumer watchdog is challenging Nintendo over EULA terms that allow the company to ban consoles from online services.
In a June 25 press release, Procon-SP, the Sao Paulo branch of Brazil's Consumer Protection and Defence program, requested changes to Nintendo's end-user license agreement, calling certain clauses "abusive" under Brazilian law.
The main concern is Nintendo's ability to permanently restrict access to services like the eShop and online play if they believe someone has violated its terms, including by using unauthorized accessories or pirated software.
Nintendo's EULA states:
"You acknowledge that if you fail to comply with the foregoing restrictions, Nintendo may render the Console and/or the Software permanently unusable in whole or in part."
Any affected consoles receive a 2124-4508 error code and lose total access to online. The console still works offline, but has already resulted in fans unknowingly buying affected second-hand consoles.
Procon-SP says that canceling subscriptions or services without explanation violates consumer protection rules. Nintendo has no formal legal presence in Brazil, forcing the agency to contact the company's US headquarters just to open talks.
Nintendo has appointed a local law firm to handle the matter, but only for this specific case. "The existence of a representation in Brazil should be one of the criteria for purchasing decisions," said Álvaro Camilo, Director of Service and Guidance at Procon-SP.
Whether Nintendo agrees to change its policies remains unclear. The company has 20 days to respond to Procon-SP's request.
Brazil's consumer watchdog is challenging Nintendo over EULA terms that allow the company to ban consoles from online services.
In a June 25 press release, Procon-SP, the Sao Paulo branch of Brazil's Consumer Protection and Defence program, requested changes to Nintendo's end-user license agreement, calling certain clauses "abusive" under Brazilian law.
The main concern is Nintendo's ability to permanently restrict access to services like the eShop and online play if they believe someone has violated its terms, including by using unauthorized accessories or pirated software.
Nintendo's EULA states:
"You acknowledge that if you fail to comply with the foregoing restrictions, Nintendo may render the Console and/or the Software permanently unusable in whole or in part."
Any affected consoles receive a 2124-4508 error code and lose total access to online. The console still works offline, but has already resulted in fans unknowingly buying affected second-hand consoles.
Procon-SP says that canceling subscriptions or services without explanation violates consumer protection rules. Nintendo has no formal legal presence in Brazil, forcing the agency to contact the company's US headquarters just to open talks.
Nintendo has appointed a local law firm to handle the matter, but only for this specific case. "The existence of a representation in Brazil should be one of the criteria for purchasing decisions," said Álvaro Camilo, Director of Service and Guidance at Procon-SP.
Whether Nintendo agrees to change its policies remains unclear. The company has 20 days to respond to Procon-SP's request.
