Does the Steam Deck REALLY Destroy the Switch?

[Mnementh]

Chrkeller said:

zero129 said:

You ignore anything thats said to you well using the "Its illegal cos i say so" but yet cant bring an ounce of proof. Good luck with that..

As opposed to your position "it is legal cos I say so?"  

And your post is verified false.  I posted Steam and Nintendo user agreements, both clearly stated the buyer is purchasing a license, not the game.  

The user agreements cannot overwrite the law.

In the US you can go by the DCMA (the question is tagged european union, but the answer provides with the DCMA, which is entirely not european):

> Copyright law permits you to make one copy of your computer software for the purpose of archiving the software in case it is damaged or lost. In order to make a copy, you must own a valid copy of the software and must destroy or transfer your backup copy if you ever decide to sell, transfer or give away your original valid copy.

With other words, you can make a copy if you own the original.

The second part refers to Nintendo Switch Online, a subscription service in which you don't get a copy of the game, but a timed access as long as you subscribe. So different situation.

https://law.stackexchange.com/questions/82949/is-it-legal-to-extract-digital-game-copies-from-a-game-console-to-emulate-backup

In europe you have actual court ruling:

> By its judgment delivered today, the Court explains that the principle of exhaustion of the distribution right applies not only where the copyright holder markets copies of his software on a material medium (CD-ROM or DVD) but also where he distributes them by means of downloads from his website.

> Where the copyright holder makes available to his customer a copy – tangible or intangible – and at the same time concludes, in return form payment of a fee, a licence agreement granting the customer the right to use that copy for an unlimited period, that rightholder sells the copy to the customer and thus exhausts his exclusive distribution right. Such a transaction involves a transfer of the right of ownership of the copy. Therefore, even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy.

https://curia.europa.eu/jcms/upload/docs/application/pdf/2012-07/cp120094en.pdf

Whatever Steam or Nintendo write in their user agreements, the parts that stands in contradiction to the law are simply invalid.