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Nintendo Is Now [?] Going After YouTube Accounts Which Show Its Games Being Emulated
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this post was submitted on 01 Oct 2024
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https://en-americas-support.nintendo.com/app/answers/detail/a_id/48058/
Pretty sure number 1 covers it, but I'm not a lawyer.
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.
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..