Japan’s historic National Diet Library (NDL) has deemed Nintendo’s controversial new game-key cards ineligible for preservation.
According to Japanese video game magazine Famitsu (via Automaton), library representatives say that “only physical media that contains the content itself” is eligible for preservation, but because Nintendo’s new cartridges don’t actually contain game software, “a key card, on its own, does not qualify as content” and “falls outside of [the NDL’s] scope for collection and preservation.”
Japan’s National Diet Library is among the largest libraries in the world. The NDL is also the country’s only legal deposit library, which means domestic publishers are legally required to submit copies of all new publications for archival. The library first began archiving video games in October 2000; in the 25 years since, the NDL has preserved nearly 10,000 games.
The cartridges first launched alongside the Nintendo Switch 2 this past June, but criticism hasn’t slowed. Save for their transition from charcoal to the brand’s recognizable red, Nintendo Switch 2 cartridges look nearly identical to older Switch games. The key difference? Game-key cards are little more than a tangible download code.
Traditionally, video game ROM cartridges, CDs, and floppy discs allowed players to jump right into their favorite title. Insert your hardware, power your system on, and the rest is history. When Nintendo Switch 2 users insert one of the console-exclusive Game-Key Cards, however, they’re prompted to download the game rather than play it as-is.
Additionally, downloads are linked to your specific Nintendo account, making loaning games more difficult than it once was. Gamers must utilize Nintendo’s new GameShare capabilities to share access or hand over the game-key card. And yes, despite no game software on these game-key cards, the chip-like piece is still required for access to your download. Even if it has already been installed.
News of Nintendo’s game-key card rejection likely arouses a sense of schadenfreude deep in the hearts of the hardware’s opponents. The brand’s shift from standard physical copies toward downloads has raised questions among players and industry experts, but these concerns are compounded by the prevalence of other AAA companies’ electronic game libraries. The industry, by and large, is moving away from tangible hardware and toward exclusively digital offerings.
Why is that a big deal? I can still play my game, can’t I?
You can play it, sure, but “my” implies ownership. You do not “own” these games; you have been granted access to them. By picking up a Nintendo game-key card, you are purchasing a digital license rather than the software itself. This means that, even if you shelled out $70, $80, or more (yikes) for a Switch 2 title, your ability to play can be revoked at any point.
Wait, can that really happen?
Yes — it already has, though not at Nintendo. The Crew, a 2014 racing game from French game studio Ubisoft, was pulled from players’ libraries last year. The game can no longer be played, as servers shut down in March 2024. In a related lawsuit, Ubisoft claimed that players purchase a “limited license to access the game,” and do not own anything.
Download-only games mean an internet connection is required, which adds another complicated layer. Inserting discs or cartridges into old consoles meant near-immediate gameplay. Download-reliant titles put players at the mercy of their internet connectivity. While players in Japan enjoy the country’s high-quality internet infrastructure, gamers in the United States aren’t so lucky. Per the U.S. Department of Agriculture (USDA), “22.3 percent of Americans in rural areas and 27.7 percent of Americans in Tribal lands lack coverage from fixed terrestrial 25/3 Mbps broadband … ” Americans in bigger cities likely won’t see connectivity issues outside of erratic outages, but players in rural America can expect a hurdle or two.
Ultimately, Nintendo’s game-key card model is antithetical to the mission of establishments like Japan’s National Diet Library. Nintendo’s game-key cards are little more than a physical download code, meaning the NDL sees no real distinction between game-key cards and eShop downloads.
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A lifelong gamer raised on classic titles like Crash Bandicoot, Spyro, and Croc, Stephanie brings her expertise of gaming and pop culture to deliver unique, refreshing views on the world of video games, complete with references to absurd and obscure media.
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