News Nintendo bans Switch 2 owner after they played used Switch 1 games — decision eventually reversed after proving ‘innocence’

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Nevertheless, it remains unclear whether they can still play with the used game cartridges they purchased, or if these are considered pirated copies that could result in another console ban if used.
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This issue highlights the problem of buying second-hand games, as an unscrupulous seller can copy the game they’re selling to another microSD Express Card you can easily buy in many places, and then sell the original cartridge as a used game. Since doing this copies all game information, including the original’s unique identification number, Nintendo can detect if two copies of that specific game are loaded simultaneously anywhere in the world, telling them that it was pirated.
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Nintendo will have banned both (or all) consoles these games have been loaded on. If this guy proved that he bought them and no other console has these games then he will be ok to play them.
 
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TerryLaze said:
Having the same game on two consoles is already proof of being guilty.
It was correct that he had to proof that he was conned.
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Only on Nintendo bud. Awesome that you have to defend against this as if it happens to the others. It doesn't. Used games are legal and accepted here... Nintendo is trying to take away the rights of gamers and you're defending them. Lmao. You are defending them....
 
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Showing how you bought stolen games doesn't prove innocence of anything. In real life, ignorance is not an excuse when commiting a crime. Possession of stolen property doesn't care if you're an idiot.
 
G0dParticle said:
Only on Nintendo bud. Awesome that you have to defend against this as if it happens to the others. It doesn't. Used games are legal and accepted here... Nintendo is trying to take away the rights of gamers and you're defending them. Lmao. You are defending them....
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You couldn't possibly be more wrong. It wasn't simply a "used" game; it was a cartridge that had been altered and flagged for piracy. Facts matter.

iopuaauahi said:
Showing how you bought stolen games doesn't prove innocence of anything. In real life, ignorance is not an excuse when commiting a crime. Possession of stolen property doesn't care if you're an idiot.
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Again, incorrect. Every state in the US -- and every foreign nation I know -- criminalizes only knowing possession of stolen property. You could potentially be liable for civil damages in cases of unwitting possession, but you haven't committed a crime.
 
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After Nintendo killed YuZu and RyujinX, I donated/gave away/sold at quarter price all of my Switch consoles and games. Now it's 🏴‍☠️☠️🦜 time. Nintendo deserves to go bankrupt. Among top 3 big a**holes like Nvidia, Sony and Nintendo,. they're my personal #1. I've had a nice collection of games and three consoles [two collectors] plus lot or collector games. I mean Nintendo knows one thing for sure, and that's how to make a pirate out of their hard-core fans 🧠

I'm 1984 and I literally grew up on NES, SNES and GameBoy.
 
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Tanakoi said:
You couldn't possibly be more wrong. It wasn't simply a "used" game; it was a cartridge that had been altered and flagged for piracy. Facts matter.
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You are misinformed about why and how it was flagged. A previous owner made a digital copy of the game to play using their MiG switch cartridge. The original cartridge isn't modified in any way by this process. Making the backup was mostly legal. Selling the original after making a backup was completely legal. However, after selling the original, the person in possession of the back-up no longer had a right to it*. At some point the new legitimate owner of that specific copy of the game attempted to play it at the same time as the previous owner was attempting to play the copy and Nintendo saw 2 matching identifiers for that game that are supposed to be unique.

No matter how you look at it, the person buying the genuine cartridge is completely in the clear legally and ethically. Even if they knew about the copy they would still be in the clear legally. In the US Nintendo might actually be allowed to do what they did because consumer rights have eroded so much.

Nintendo are probably screwing themselves though. This move threatens the second hand, which threatens GameStop (among others). Last time someone briefly threatened their business, it didn't end well for them. Xbox didn't even follow through on their DRM that would have killed used game sales, but that was over a decade ago and they never recovered.
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* Even then it is not 100% guaranteed they were in breach of copyright because there are legitimate "fair use" situations that are protected.
 
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JoeHendrey said:
No matter how you look at it, the person buying the genuine cartridge is completely in the clear legally and ethically.
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No one, not even Nintendo is disputing that. It's also not relevant to the argument at hand. This isn't about "used games". It's about piracy. The cartridge in question had been pirated; this is also beyond dispute. Once the person in question verified they had the original, not a pirated copy, the ban was lifted. End of story ... except for those looking to be perpetually outraged.

JoeHendrey said:
Even if they knew about the copy they would still be in the clear legally.
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False for several reasons. From the standpoint of civil law, when a copyrighted work's license excludes simultaneous use (as all games do), knowingly engaging in use likely to result in such is still infringement -- whether you're using the original or a copy. Furthermore, many EULAs are written to be voided immediately upon piracy, and again it matters not that you may have the original.

Finally, from the standpoint of criminal copyright infringement, if you benefit in any manner from the piracy -- such as getting the original at a reduced price due to the presence of copies -- then it's still a criminal offense. Obviously this is quite difficult to prove except in extreme cases, but that doesn't change the underlying fact.

JoeHendrey said:
* Even then it is not 100% guaranteed they were in breach of copyright because there are legitimate "fair use" situations that are protected.
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Anyone who believes fair use covers retaining a full ROM copy of a videogame you've sold doesn't understand it. From 17 USC 117 Sec 2, on the legality of copies:

"...that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease..."
"
 
All the more reason I'm not spending a single penny on the Nintendo Switch 2 Nintendo has officially gone too far and abusing their authority I'm sticking with my original Nintendo Switch And I'm very much happy with it Plus I have a 1TB micro SD card installed I already have hundreds of some of the best Switch games of all time I often play them on my giant 75 inch Sony Bravia X85J 2020 Google TV with the official switch pro controller And they look surprisingly amazing outputting at 1080p other than that I have no plans of upgrading to the Switch 2 for a long time until Nintendo decides to stop supporting the OG Switch
 
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Daistaar said:
So what happens for parents with multiple switches for multiple kids, or kids who lend their games? Bans because it's been detected in multiple systems?
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Nothing happens to them because they have no idea how to illegally copy the game and run it on all the consoles at the same time....
As long as the game only runs on one console at any given time there is no issue.
 
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