The following information should not be regarded as legal advice or as a defense for piracy. We are presenting the facts behind the current state of the gaming market and it's malpractices.
Buy video games at your own discretion and do not put money towards anti-consumer companies.
Owning The Game You Buy
The following information describes the current state of Nintendo Switch 2 and has last been updated 8/27/25.
Game Key Cards Are Not Physical Games
Switch 2 cartridges labeled as Game Key Cards are intentionally misleading consumers into believing they own a physical version of the game they bought. However the game data is never stored on the Game Key Card, users must have an internet connection to download game files, and the game data stored on your system is only accessible when the Game Key Card is inserted. This is essentially a restricted digital game that becomes unplayable once game data can no longer be downloaded from online servers.
It will effectively remove the ownership rights of most physical games and allow publishers to remonetize titles that can no longer be downloaded or accessed. By pushing for developers to consider Game Key Cards as a cheaper alternative to physical cartridges, the industry is encouraging the removal of traditional physical media.
Switch 2 EULA Disregards Your Purchase
Mandatory for playing your Switch 2 is a digital signature on their End User License Agreement (EULA) that serves as a contract where users sign away their right to play games on their console if it is banned by Nintendo. The company discloses that digital games are merely a license to play and that unauthorized use will result in a permanent ban on your console and/or account. Unlike a modified physical component that voids a warranty on repairs, game platforms reserve the unchecked privilege to monitor and police your digital activity on their console after purchase.
These are not measures taken to protect other users from hacking in multiplayer environments, it is a method of controlling game/console ownership and punish users who potentially cut into profits through legal means of backing up and accessing game purchases. By creating a fear of buying secondhand banned consoles, new customers are conditioned towards buying directly from Nintendo to maximize direct revenue.
Game Sharing Downgrades Your Rights
A newly advertised feature on Switch 2 is the ability to Game Share with other consoles but this is misrepresenting the steps Nintendo took towards shutting down game shares on Switch 1. Game sharing was possible (and officially endorsed) before the v20.0.0 update and even allowed users to play the same game online together but is no longer enabled. Virtual Game Cards are a similar concept but together they come with new caveats such as:
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Game Share restricted to select Nintendo games that receive software updates
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Requires a Switch 2 to share games (despite Game Share being on Switch 1)
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Online Game Share play is only possible with Switch 2
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Virtual Game Cards must be shared locally with both systems logged into same profile
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Disabling Virtual Game Cards does not revert these changes
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"Use Online Licenses" will require an internet connection (even for offline games)
Looking to Upgrade? Buy a Game Key Card
Buying $10 upgrade packs is not universally available and some games like Raidou Remastered, No Sleep for Kaname, and Dragon Quest I + II HD-2D Remake will not be capable of transferring save data, DLC, or upgraded graphics to a Switch 2 version. All of these games are only released physically as Game Key Cards on Switch 2 which forces cartridge collectors to drop their physical media rights.
Save data for DRAGON QUEST I & II can not be transferred.
Purchase a plastic paperweight and surrender your media ownership to continue playing?
Decline
Accept
Nintendo Bricking Physical Releases
A new firmware v20.1.1 has launched that blocks access to playing unpatched Switch 1 games on Switch 2. Previously the launch version of these games worked flawlessly, so it appears to be an intentional maneuver to force online connectivity and push people towards buying a Switch 2 version that comes with a current patch that ensures these games can be played. Physical collectors, regions with little to no internet access, portable players out of the house, users with a bricked console, and those playing after servers shutdown are unable to access these games at all.
For a complete listing please go to www.doesitplay.org
REQUIRES UPDATE
Emulation is Necessary and Encouraged
Despite what you may believe about Nintendo's stance on going after romsites, Nintendo has a history of using emulation on their consoles including the Switch 2. Obviously the NSO Gamecube app will emulate its games but every Switch 1 game is also being run through an emulated layer on Switch 2 because they aren't compatible at a hardware level.
Why then, does Nintendo target emulators developed for PC and Android? They disregard your legal right to backup and play your purchased games on different hardware. These older titles are not publicly available in an archive nor are they still being sold as first hand products which leaves emulation as the only financially realistic medium for aging software.
The Death of Live Service Games
As recently as 2023, Nintendo has produced a series of online-only titles that focus on multiplayer. These games have missing features or are entirely defunct because game servers no longer exist to support them. In the case of Super Mario Bros. 35 it is no longer available for download because it was intentionally limited to become obsolete.
Their gameplay will never be available again even if you keep the game data, and those that spend money on their physical release or paid DLC will not truly own their purchases.
Stop Killing Games
If you care about game preservation, rights to own, and physical hardware being available then consider joining the petition. We're fighting corporations to ensure games don't face planned obsolescence and advocating for clear legal guidelines regarding the discontinuation of a game's availability.
