So are you and like i said, we're both no lawyers so lets leave it at that
I'm not making bold assertions. I've mentioned the EUCD, which is easy for non lawyers like us to find details about & that courts don't like it if you break the law and then try to get remedy for your losses.
Sony have banned lots of people who then lost purchases and there doesn't seem to be any court cases, if the law was so clear cut then there would be a trail of court cases.
I doubt anyone will sue Nintendo either & only a court can tell them what they can and can't do.