We’re still in the early phases of finding out what gamers can do with the Nintendo Switch 2, and if you were wondering about making backups of your games, we already have our answer.
As reported by Kotaku editor Ethan Gach, Switch 2 users who used the console with a MiG Switch are getting banned by Nintendo. To be clear, Nintendo is not bricking these consoles. These gamers are getting a message with error code: 2124-4508. We checked this out on Nintendo’s US support website, and it shared this explanation:
This error code indicates the Nintendo Switch 2 or Nintendo Switch console you are using has been permanently banned from connecting online due to a breach of the user agreements.
A breach of user agreements may include, but is not limited to, activities such as:
- Fraudulent or unauthorized transactions
- Violation of our Community Guidelines
The Switch 2 users who revealed they were banned by Nintendo were using their MiG Switch devices to make backups of games from their Switch. They then tried to play those Switch backups on the Switch 2. Of course, since Nintendo set up the Virtual Game Card system, this is all completely unnecessary, adding more cost and hassle to bring your games over. And of course, we have to point out these users knew that, and they were trying this out for the sake of finding out what would happen.
As Gach pointed out, this is a few steps away from something Nintendo revealed they are willing to do, which is to revoke access to your account or even brick your device. This is relevant because they explicitly stated in their updated Nintendo Account User Agreement that they would be willing to do this if you tried any hacking or modification, not of Nintendo’s devices, but specifically of their Nintendo Account Services.
This is all very useful to consider, because Nintendo seems to have figured the legal limits of what they can reasonably do to protect themselves from hacks, and also the line where consumer protections for the devices they own come in. So, if you think about it, Nintendo may not be able to legally defend it if you were just making backups of games you already own. However, if you were doing the kind of hacks that Team Xecuter was doing, that would cross the line to where Nintendo could take you to court for it.
On the flip side of that, if you may be legally protected to make backups of your games, that doesn’t mean Nintendo has to still let you use their online services. Every Switch and Switch 2 owner who made an account to get on the eShop and availa of a Switch Online subscription had to agree to this user agreement, whether they really read through it or not.
Whether you believe that’s fair or not, or the law should expand what consumers can do, at least we can understand that this how Nintendo is thinking things through. As Nintendo Prime also observed, this also means Nintendo has created systems so that the Switch 2 will detect if you’re using devices like the MiG Switch. We wouldn’t condone or recommend testing these limits of what Nintendo and consumers are allowed to do by existing laws, but it certainly seems that there are more than enough Switch owners who are willing to do that work for the rest of us to find out.
