Can you get in trouble for jailbreaking a Nintendo Switch?
In the US, jailbreaking falls under the Digital Millennium Copyright Act, which covers digital copyright issues. Section 1201 of the law makes it illegal to circumvent digital locks that protect access to copyrighted works, which can include software.
One of the most significant risks of jailbreaking a Nintendo Switch is the possibility of rendering your console inoperable or "bricked." A bricked console becomes entirely non-functional, leaving you with a device that essentially becomes an expensive paperweight.
Well, they do have one exception – you can break digital locks, only to replace a broken disk drive, as long as you then put the digital lock back afterwards. So, believe it or not, modding your Nintendo Switch in any capacity, under DMCA Section 1201, is actually illegal in the United States.
TL,DR: although it's technically possible to hack all models of Nintendo Switch as of the time of this writing, if you're trying to hack a “recently” purchased Switch (probably any model bought after 2018, really), the easiest way might be to resell it and buy an unpatched V1 Switch instead.
The most significant risk of jailbreaking your phone is that it exposes your device to cybersecurity attacks of all types. Once infected, you, in turn, could affect others in your network by passing on malware, ransomware, or viruses.
A modded Switch can potentially open the door to using cheats in games, accessing homebrew games, or even emulating older consoles. But modding a Switch voids its warranty, and modified consoles are banned from all online services.
In the US, as long as no games that are illegal to copy are included with the modded system, it is legal. Such a system could be used for playing public domain homebrew, or developing your own games as well, so there are legitimate uses.
To report ROM sites, emulators, Game Copiers, Counterfeit manufacturing, or other illegal activities, please email us at piracyscene@noa.nintendo.com. To report illegal use of Nintendo trademarks, or for any other legal inquiry or concern, please email us at noalegal@noa.nintendo.com.
To appeal against this decision, contact Nintendo's Consumer Assistance Hotline at 1-800-255-3700. Factory resetting the Switch won't remove the ban, so you must contact Nintendo or settle on using the Switch offline with physical cartridges.
Video game piracy is illegal. Nintendo opposes those who benefit and trade off the creative work of game developers, artists, animators, musicians, motion capture artists and others.
Is it illegal to hack Nintendo?
So, believe it or not, modding your Nintendo Switch in any capacity, under DMCA Section 1201, is actually illegal in the United States.
What is Jailbreak Detection? Jailbreak detection is the process by which you can figure out if an app is running on a jailbroken device or not. Though it seems like a relatively simple process, iOS detection for jailbreaking is not as straightforward as it may seem.
The legal implications of jailbreaking
It's only illegal if you intend on using it to violate copyright laws. In the United States, the maximum criminal penalty for copyright infringement is a fine of up to $250,000 and a jail sentence of up to five years.
Connect your iPhone to computer via a USB cable, wait until you see the device icon in the upper left corner. Click the device icon, and then select Summary from the sidebar, scroll down the right pane and click Restore iPhone option to start unjailbreak process.
Once detected, Nintendo will ban access to online play, although offline play will still be possible.
Is having a modded switch bad? You can play homebrew/third-party games, run Android on it, run a web browser, et cetera. The largest risks of modding are getting your console banned from Nintendo's online services or possibly bricking your console if you don't know what you're doing- rendering it a $299 paperweight.
This means that mods are “legal” only insofar as game developers suffer them to be so; the moment a developer finds a mod distasteful, it can be found to infringe copyright. Mods, no matter how well-respected or validated by developers, can also be found to infringe copyright through statute.
Legal issues
Modding may sometimes infringe the legal rights of the copyright owner. Some nations have laws prohibiting modding and accuse modders of attempting to overcome copy protection schemes.
Jailbreaking is the process of exploiting the flaws of a locked-down electronic device to install software other than what the manufacturer has made available for that device.
Video game piracy is illegal. Nintendo cooperates with law enforcement officials and aggressively pursues legal actions worldwide against those involved in Nintendo piracy.
How does Nintendo know if a game is pirated?
By checking the cartridge's serial number.
Each Nintendo Switch cartridge has a unique serial number that is stored in the cartridge's firmware. When the cartridge is inserted into the Switch, the console checks the serial number against a database of known legitimate cartridges.
What does a banned Switch look like? If you are permanently banned, you'll see the error code 2124-4007 or 2124-4508 along with the message: "The use of online services on this console is currently restricted by Nintendo."
Nintendo will ban your online account and/or console if you breach the user agreements with activities such as fraudulent transactions, jailbreaking your Switch, downloading mods to your Switch, hacking, and more.
@dmcc0 SwitchFroce was saying that if you report your console as stolen, Nintendo can digitally blacklist/ban that console, blocking it from accessing eshop, making purchses, downloading updates, and accessing online gaming features. But that won't happen unless you report it stolen to Nintendo.
Penalties for Piracy
Maximum penalties for misdemeanor copyright infringement are one year in prison and a $100,000 fine. Maximum penalties for felony copyright infringement generally are: Commercial advantage or private financial gain: five years in prison and a $250,000 fine.
