Nintendo Could Always Brick Your Console and America's to Blame

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The Nintendo Switch 2 has sparked serious controversy with many gamers feeling outraged by changes to license agreements that allow Nintendo to brick your console. But is this really a big deal, or anything new?

Let's explore the legal framework behind console bricking, software licensing, and EULAs together. In so doing, we'll see how Nintendo has always had the ability to brick your console, how every other developer has always had the power to brick your console, why exactly that happens to be the case in virtually every single country on Earth... and also how all of this applies to the Stop Killing Games petition.
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Chapters:
00:00 - Intro
04:05 - Context for the Controversy
10:59 - What Isn't a Problem
13:05 - Nintendo Could Always Brick Your Console
14:44 - Tangent 1: You Own the Console, You License the Software
19:18 - Tangent 2: You Don't Need Language to Brick, if You License
21:35 - Tangent 3: Why Add the Bricking Language Then?
23:25 - Everyone Else Can Brick Your Console Too
32:00 - The Bigger Picture
39:12 - We're All Living in America
41:39 - Tangent 4: Procon-SP, and the Threat of Trade Pressure
45:00 - Conclusion
46:48 - HOLD IT! What About Stop Killing Games?

No credit's gag, as it was killed by Kadokawa. But, you can see the credit's gag on Patreon!
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Additional Reading:

American Stereotype Anime Footage
https://youtu.be/r1e-417mvDE?si=h-Khj7oUIXe1_EAt

Game File, Nintendo warns it may brick Switch systems...
https://www.gamefile.news/p/nintendo-emulation-hacking-brick-warning-terms-of-service

Switch 2 User Agreement
https://en-americas-support.nintendo.com/app/answers/detail/a_id/68586/~/nintendo-switch%26nbsp%3B2%3A-user-agreement

Vernor v. Autoesk
https://cdn.ca9.uscourts.gov/datastore/opinions/2010/09/10/09-35969.pdf

Xbox EULA
https://support.xbox.com/en-NZ/help/hardware-network/warranty-service/xbox-software-license-agreement

PS4 EULA 2016
https://web.archive.org/web/20160119005443/https://doc.dl.playstation.net/doc/ps4-eula/ps4_eula_en.html

PS4 EULA, German
https://www.playstation.com/de-de/legal/ps5-ssla/

PS3 EULA 2009
https://www.playstation.com/en-us/legal/ps3-system-software-license-agreement/

Wii EULA 2010
https://en-americas-support.nintendo.com/app/answers/detail/a_id/48062/~/wii%3A-user-agreement

Towards An Intellectual Property Agreement in the GATT: View From the Private Sector [Concerning IPC]
https://digitalcommons.law.uga.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1670&context=gjicl

Letter from IPC in 2001 to Office of the US Trade Representative, Concerning Negotiations During the Doha Round, with the Objective to Expand TRIPS Agreement
https://www.jmcti.org/2000round/US/USTR_comment/IPC.pdf

TRIPS Agreement w/ Amendments
https://www.wto.org/english/docs_e/legal_e/27-trips_03_e.htm

EU Copyright Directive (Implementing TRIPS)
https://eur-lex.europa.eu/eli/dir/2019/790/oj/eng

Brazilian Law No. 9609 (Implementing TRIPS)
https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/en/br/br001en.pdf

Stop Killing Games
https://www.stopkillinggames.com/
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