Nintendo legal or illegal ban action

[Erez053]

So we know what happends if we get ban, but i think that there is more into that action. I am not sure its completly legal action.

I'll explain the legal point of view.

When you buy something its yours to use.
If you bought a car and you are a professional car theft, no one can take the cars that you bought legit. Only the ones that you stole.

Back to the nintendo store.
When i bought the digital copies of nintendo they promissied to us a digital lifetime (product) copy to use and download upon request.

But, if you get ban, and you lose the local digital copy you cant download any more.

So, this is a pure legal quetion that maybe someone will try to ask.

I dont know what are us\europ\japan legal rulls regard that (if any) but at my county this could never happend.
They could only restrict user access for new\other nintendo content but never the things that you bought.

Would like to hear a professional opinion Regard that.

 

[DevilzCY]

there are terms of use that you agreed to when you bought and used their product

 

[Erez053]

there are terms of use that you agreed to when you bought and used their product

Terms of use are not above laws.

If i will make any contract it must be legit.
The terms of use nintendo contract is not nesserly legit.
Specially when we are talking about world wide different laws.
Maybe its ok in japan but as i said its not nesserly legal at other countries.

 

[PersonCC]

You don't buy a copy of the game, you buy a revokable license to use it.

You don't own anything digital, it's been like that forever. I get trying to make up why something is illegal when you don't know anything about the law or the situation is hard, but at least do some research before.

 

[imprezgc8]

Like others have said you are not buying the ownership of the games or consoles you purchase. You are buying the right to use them. While they can't just come to your hose and take them of course since you paid for them, you also cannot do anything that is against their User License Agreement or Terms of Use. Those agreements are basically contracts. If you click agree, then you agree to what the terms are that are listed and most if not all have clauses about modding the hardware. Again you could also consult an attorney, but it would honestly be a waste of time and money on your part in most parts of the world since this has been a thing since at least the original xbox and for sure CD's

 

[TubeBar]

laws and contracts due vary depending on your country. With that said as Game Over suggested you should ask an attorney who practices contract law in your country.

 

[jakanlanzarai]

Hello,
I'll try to explain the laws concerning unmaterial bought. (sorry for my bad english i'm french )
So when you bought something online wich is unmatérial ... a film on VOD, an ebook, a music album and so on, you bought the right to use it, but you NEVER own it, you can't resell it nor loan it. It's the same thing for video games. So for video games if you get banned, you lose the right to use it .. and you can't intend anything against nintendo.

For example with the car you mentionned : you have not bought the car, you just have the right to use it (like a long loan) and if you loose your driving license because you haven't respect the laws of your country you don't have the right to drive it anymore ...

It's a problem of intellectual property (not sure of the english term) the property in case of unmaterial things still remain to the company and never to the buyer ...

I'm expecting i was clear enough !

Edit : To go further, even if you buy a book, a CD, or a cartidge game, you are the owner of the object, but the property of the text, the music or the program still remain to the creator/editor not you ...