The specific purpose of the fuse doesn’t matter. The permanence doesn’t matter.
The fact that the fuse has a function, means that it isn’t “destruction of property”. They added it for DRM, and there’s no evidence to show that it’s anything other than DRM. For it to be “destruction of property”, you’d need to prove that they didn’t do it for DRM, but because they wanted to hurt users. (whether or not it does hurt users is irrelevant for determining mens rea)
Don’t get me wrong, I’m not defending Nintendo; I’m just saying that this is not a criminal matter.
The fact that the fuse has a function, means that it isn’t “destruction of property”. They added it for DRM, and there’s no evidence to show that it’s anything other than DRM. For it to be “destruction of property”, you’d need to prove that they didn’t do it for DRM, but because they wanted to hurt users. (whether or not it does hurt users is irrelevant for determining mens rea)
Don’t get me wrong, I’m not defending Nintendo; I’m just saying that this is not a criminal matter.