Why console makers can legally brick your game console

Earlier this month, Nintendo received a lot of negative attention for an end-user license agreement (EULA) update granting the company the claimed right to render Switch consoles "permanently unusable in whole or in part" for violations such as suspected hacking or piracy. As it turns out, though, Nintendo isn't the only console manufacturer that threatens to remotely brick systems in response to rule violations. And attorneys tell Ars Technica that they're probably well within their legal rights to do so.

Sony's System Software License Agreement on the PS5, for instance, contains the following paragraph of "remedies" it can take for "violations" such as use of modified hardware or pirated software (emphasis added).

If SIE Inc determines that you have violated this Agreement's terms, SIE Inc may itself or may procure the taking of any action to protect its interests such as disabling access to or use of some or all System Software, disabling use of this PS5 system online or offline, termination of your access to PlayStation Network, denial of any warranty, repair or other services provided for your PS5 system, implementation of automatic or mandatory updates or devices intended to discontinue unauthorized use, or reliance on any other remedial efforts as reasonably necessary to prevent the use of modified or unpermitted use of System Software.

The same exact clause appears in the PlayStation 4 EULA as well. The PlayStation 3 EULA was missing the "disabling use... online or offline" clause, but it does still warn that Sony can take steps to "discontinue unauthorized use" or "prevent the use of a modified PS3 system, or any pirated material or equipment."

Microsoft, if anything, is even more straightforward in its Xbox Software License Agreement. Efforts to "install Unauthorized Software" or "defeat or circumvent any... technical limitation, security, or anti-piracy system" can mean that "your Xbox Console, Kinect Sensor or Authorized Accessory may stop working permanently at that time or after a later Xbox Software update," the company writes. While it's unclear how far back in history this legal clause goes, the mention of the now-defunct Kinect sensor suggests it dates back at least to the Xbox One era.