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Rhonin the wizard said:

The HQ of Nintendo of Europe and the servers are located in Germany, so yes they have to follow German laws.


But they don't have to 'follow' laws that don't exist ... germany haven't changed the laws so that nintendo can now do this.
It was a nintendo 'policy' which they said were the german laws fault (scapegoat). But I think they changed their policy because of the shitstorm of the nintendo owners.

Because now suddenly they are allowed to. (again germany haven't changed any laws regards to this)