this post was submitted on 01 Oct 2024
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PC Gaming

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[–] tehWrapper 3 points 4 days ago (2 children)
[–] [email protected] 4 points 4 days ago* (last edited 4 days ago)

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.

[–] [email protected] 2 points 4 days ago (1 children)

That doesn't count for physical cartridges, especially not ones not even made by Nintendo lol.

[–] tehWrapper 2 points 4 days ago

Every cart is made by Nintendo first party or not.. its a proprietary media format..