Even if that were true, that's for the law to decide, not the company. Once again, if I decide to install Linux on my machine, or make a backup copy of a physical game I purchased, I'm legally in the clear. But if the TOS decides it's not allowed anymore, they'll just brick my machine, which they have no authority or right to do.

If they have no right to do it, then why arent the government stepping in?

Oh, it's definitely something like the N64. They both went with carts instead of the industry standard, and they both are having to overcome the limitations there within because of it. Now, whether or not it'll ultimately pan out the same is yet to be seen. Personally, I can't imagine it causing N64-like problems. But there are a lot of parallels right now. A lot.  

Because it still needs someone to sue Nintendo in first place, which costs money and time

Thats a weird rule. Good thing nobody has to sue someone for a murder charge, the government just jail them.

They will, undoubtedly. If they ever try this, they'll probably be blocked by the EU consumer protection laws. Besides, wasn't Nintendo trying to add in their TOS that by accepting them, you reject partaking in big class action lawsuits, and you have to settle with Nintendo directly?

https://mynintendonews.com/2025/05/09/new-update-on-nintendos-eula-prevents-users-from-filing-class-action-lawsuits-against-them/

So the issue here is not that its a thing that will happen. Its just that Nintendo is TRYING to do it?

There is no license for using consoles, everyone can use them

Even if there was a license for using consoles and that license was legally removed from me, the console should still be functional and intact

The case here is Nintendo will be able to make the console unusable. You can't resell them, or gift someone with them 

Looks like this specific agreement is exclusive to Nintendo of America, because consumer protections are shit there and in the court wins the one who has more money for prolonged litigation 

The user agreement differs from UK and USA for instance 

No it's nothing like that at all. 

The industry standard is DIGITAL DOWNLOADS. The Switch 2 is all about digital downloads. Nintendo is supporting the industry standard and basically making moves to transition to a future where they are only supporting the industry standard (digital only will be Nintendo's future eventually, PS6 likely is also digital only). 

Physical media is on the way out, Nintendo even offering physical games is just a token gesture to a dying audience of people that for whatever reason need to have a physical game. You want that? Fine, pay $20 more for every game then. Why should a publisher eat a $20 cost just because for whatever reason you need to have a game sitting on your shelf. It's an outdated concept. 

N64 carts cost like $30+ (which with inflation would be like $60+ just for the cartridge alone today) back then, these Switch 2 carts probably don't even cost $8 or $9. 

If the N64 had digital downloads back in the day + Game Key Cards for third party games at $49.99 (1997 era pricing) it would've made the system 100x better. System would've had like 5x more games from 3rd parties and cheaper games overall but alas high speed internet was a few years off back then for mass adoption and hard drive storage was still expensive in the late 90s. Even at a physical cost being able to get like a 128MB cartridge back then for say only $8 would've been a godsend to that system.