Japanese company applying Japanese law to global consumers. This needs to stop. Its fine to apply Japanese law in Japan to Japanese consumers, but not other countries.
Nintendo, I used to love you, and now you are the single biggest contributor to me hating you.
Unfortunately that's only gonna stop when social media companies enable country blocking for streamers to prevent their content from being shown to Japanese audiences.
They can't write their own laws and their terms of service can't go against your local laws if they want to provide their services in your State (in the general sense, not in the USA sense), so customer protection laws can solve the issue if Nintendo won't solve it themselves.
They absolutely shouldn't be able to, but companies are constantly pushing the boundaries and seem to be getting away with their bullshit bullshit depressingly often.
Supposedly this is how the animetuber community were able to get relief from copy strikes after TNM took a public stand against the practice when his one piece series got struck
So a fair amount of this is conjecture on my part, but what is known is every switch cartridge has a unique certificate that checks in with Nintendo servers.
At the moment it’s used to detect if the same game is running on two systems, for banning consoles involved with piracy.
But, technically there’s nothing stopping them from just manually blocking a specific cartridge from running once identified.
It's as if customer protection laws are necessary... A whole bunch of things found in EULA doesn't apply to me just because of where I live and the fact that we have them here.
Not sure how Japanese law has anything to do with this. I'm pretty sure under US law (the one that ultimately matters for streaming) leaves all the rights of recorded videos of the game with the right holders of the game. That you're allow to record/stream games at all has no legal precedent, it's just a wise business decision by publisher to not forbid it (anymore).
And legality aside. As a dev I wouldn't want racist or bigoted streamers to show my game and make money off of my work. Same with leakers. Sure for a big company I don't care but if someone leaked an indie devs work, we would consider it a dick move as well.