It is a remarkable stretch to claim that copyright extends to turning something on. Copyright doesn't deal with that sort of thing at all. You could say that he did not have a license to turn the device on, but you cannot have a license violation against a party you have no privity of contract with, you can only go after them for some sort of alleged copyright violation.
There is a *reason* why every software company on the planet tries to have users accept a license electronically before installing or using a software package - namely, if they do not there is probably no contract between them at all, and the First Sale Doctrine or something like it generally applies, and the purchaser gets to do all sorts of innocent things (like reverse engineer software for example) that the publisher would prefer to prohibit.
If the end user did not actually purchase the item, things might be different, and that is why it is also common for software packages to include a notice that if the user does not like the offered license terms to please return it to the place of purchase for a full refund. And on occasion shrinkwrap licenses have been enforced in the United States at least, but guess how likely a shrinkwrap license is to apply to the purchaser of a surplus item? As far as I am aware a shrinkwrap license has never been applied to someone who acquired a previously paid for copy of a software package. A vendor might refuse to support such grey market items but that is an entirely different issue.
All that said, if Nintendo is the lawful owner of the item in question, he has to turn the item over to them anyway, and whether he turns it on briefly is irrelevant as long as he does not make an unauthorized copy, or public performance, or something like that.