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It has to do with their online services; not the switch itself.
There's nothing in here about bricking your console if you mod it.
This is clearly them saying they'll ban your switch from Nintendo Online services if they notice something fishy. If your Switch requires online services for something, that something may not work any longer.
Just wrong
Literally from the terms:
"You acknowledge that if you fail to comply with the foregoing restrictions Nintendo may render the Nintendo Account Services and/or the applicable Nintendo device permanently unusable in whole or in part."
Context matters here, they are specifically talking about Nintendo Account Services - and they have to include the device, because disabling nintendo account services could render the device "unusable". They are not about to flash your firmware out from under you and brick the device.
That seems like exactly what they are saying with "and/or the applicable Nintendo device permanently unusable in whole or in part." Them saying in part makes sense with the service. In whole makes it very clear. How would you wholey disable a device by not having Nintendo account service? Wholey disabled means no user, no cartridge, nothing works.
If they allow local games and all that's lost is the online service, then we don't know this for sure - it's all speculation. We're all arguing over a bunch of "what ifs".
What? It's not a what if. It says they have the right to, in whole, disable the device itself. What part of that do we not know for sure. It's literally written out...
You don't know what form will be taken when this happens. They haven't used it yet. I could say in a EULA that I have the right to destroy earth, doesn't make it true. Certain things are unenforceable, and you don't know what route or method Nintendo is going to use that this clause is supposedly protecting.
The EULA is a "we CAN do this". It doesn't dictate what form it will take, how they approach it, etc. Until someone breaks this clause, we won't know how it's approached, or even if it's enforced, or how.
Yes. They can now brick your physical device. It is something they can now do. Brick the entire thing. That was the point of this post, and you said "no it's just online service stuff." My whole point was saying that's not true. They can now brick your Nintendo Switch if you mod it. It's not a thing the CAN do. I'm glad we finally agree.
No, Bricking would be rendering the firmware useless. It has a definition and this is not it. Rendering the Switch unable to play games, does not make it a brick. Definitions matter.
https://en.wikipedia.org/wiki/Brick_(electronics)
Banning you from using their online service, does not make the Switch a brick, as the firmware still functions as intended.
So now, you're arguing over a "What if" -- AND you're getting definitions completely wrong, resulting in the spread of misinformation.
What part of wholey disable the device isn't clicking. They can wipe the firmware. Also bricking is used in a lot of ways, but even this they can do.
This isn't banning from online service..... Did you even read what I quoted about hardware?
No company in the history of electronics has ever been in the habit of remotely bricking devices, get real.
And yes, I've read it - ON TOP of that, I'm familiar with these types of clauses in a real world basis. Let me tell you, you're off in lala land with your interpretation.