Just how an NDA won’t protect a(n) person/entity from legal repercussions when committing crimes from being “leaked” doesn’t mean it’ll hold in court, just how these highly illegal and predatory EULAs shouldn’t either. There’s a reason why this bullshit only happens in America, this EULA elsewhere wouldn’t work unless it’s modified to not contain this blatant shit of a thing. It’s a shame we’re the few dumb enough to allow our own downfall while parading our aggressors. 🫠🫠🫠
What sort of half assed reporting came up with this story? This is not a new policy. If I remember right, Nintendo added a forced arbitration clause to their EULA about 10 years ago (I would try to find an exact date, but Google is flooded with articles parroting this story).
Should companies be allowed to force arbitration as a shield against all law suits? Hell fucking no, but their lawyers say they can, so any company with a EULA written by a half decent lawyer includes the wording.
At this point, the only reason anyone would complain that a company includes the clause is rage bait.
Exactly why they put it. You would first need to win a trial to get the clause voided and then win another trial to get actual damages or you can go to arbitration and get a modest settlement. Most people will take the latter.
At this point, I guess they are either ignorant, unethical, or they are just lying to themselves because they can’t resist the temptation to play their games.
Look I don’t fault developers for kissing the ring. I know and have spoken with multiple devs at different Nintendo affiliated companies and they don’t enjoy it either but it lets them make the games they love for the people that they want to entertain.
I can’t say I support hating a full group of people because that’s not great either. “… except for the Amish but it’ll never get back to them” - John Pinette
In my case, I don’t hate them. I respect those devs, people have to put food on their tables somehow, and this way isn’t one of the worst… I just believe that by doing so, we are helping to perpetuate vicious corporativism.
Nintendo isn’t just the nestle of companies to users… they are the same or worse to their own.
I’ve seen people lose teams over errant comments about a novel idea for the IP they would love to see happen, or maybe even be developing as a passion project, purged for the notion that they were anything more than drones.
It’s a disgusting work culture taking advantage of bright eyed developers that grew up with fond memories of the brand. I genuinely love some of the IP and worlds made by the developers - but I will never, ever, spend a fucking penny on that company until it is changed.
I‘ll still buy their controller because you can‘t sue Chinese companies either so what‘s the difference? However I‘ll use it for PC gaming. No way I‘m going back to their ecosystem. Those days are gone.
Section 6(1)(14) of the Austrian Consumer Protection Act states that any contractual provision requiring a consumer to waive their right to assert claims is invalid.
This shit never holds up in court - you can’t just sign rights away by clicking “accept” on a EULA. This is a scare tactic designed to stop people before they ever try because “well it says i can’t do that in the eula.”
If Nintendo give you a reason to sue them, sue the ever loving shit out of those greedy corporate fucks.
Never say never in the US at least and never give these assholes corporations an inch they will screw you every chance they can and it will cost the consumer money and time in the end with these shenanigans.
I may have been thinking about articles I’ve read about the EU and how they don’t tolerate this particular brand of corpo overreach, my apologies and thank you for the correction.
“Except for Claims (i) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, anti-circumvention, or moral rights, but not including its privacy or publicity rights) …”
So in other words, the types of matters Nintendo thinks it might have a dispute against users, court and class actions are okay, but for everything that they think users might file against Nintendo, they think arbitration is best.
Wow Nintendo is really quadrupling down on being absolutely shitty! Love that I have a Steam Deck instead of a Switch because I’m never buying from these assholes again. I loved a ton of their franchises and have spent thousands of dollars on Nintendo consoles and games, but I’m fed up with their greed.
You are not logged in. However you can subscribe from another Fediverse account, for example Lemmy or Mastodon. To do this, paste the following into the search field of your instance: [email protected]
Welcome to the largest gaming community on Lemmy! Discussion for all kinds of games. Video games, tabletop games, card games etc.
Just how an NDA won’t protect a(n) person/entity from legal repercussions when committing crimes from being “leaked” doesn’t mean it’ll hold in court, just how these highly illegal and predatory EULAs shouldn’t either. There’s a reason why this bullshit only happens in America, this EULA elsewhere wouldn’t work unless it’s modified to not contain this blatant shit of a thing. It’s a shame we’re the few dumb enough to allow our own downfall while parading our aggressors. 🫠🫠🫠
What sort of half assed reporting came up with this story? This is not a new policy. If I remember right, Nintendo added a forced arbitration clause to their EULA about 10 years ago (I would try to find an exact date, but Google is flooded with articles parroting this story).
It came up with regards to Joy-Con drift in 2017: https://law.justia.com/cases/federal/district-courts/washington/wawdce/2:2020cv01694/292704/21/
Should companies be allowed to force arbitration as a shield against all law suits? Hell fucking no, but their lawyers say they can, so any company with a EULA written by a half decent lawyer includes the wording.
At this point, the only reason anyone would complain that a company includes the clause is rage bait.
There’s a good chance that clause won’t hold up in court, but proving that would require a lot of time and money.
Exactly why they put it. You would first need to win a trial to get the clause voided and then win another trial to get actual damages or you can go to arbitration and get a modest settlement. Most people will take the latter.
I was so happy to go through the Steam EULA and find that it explicitly states that all disputes will be heard in the court local to the customers.
That was a recent change, and it’s still anti-consumer. It’s an attempt to block class action suits.
Just so ya’ll know, EULAs are routinely thrown out of court.
They straight up don’t matter, and anything that is extremely long and asks you to ‘agree’ to it is subject to the same scrutiny.
All of the times we clicked agree without reading actually helped us, because now courts can say “nobody reads that stuff before hitting accept.”
US will say, “give us money Nintendo. We got your back.”
The EU has said that EULAs have zero basics in law and we can ignore them.
They’re basically there to reduce lawsuits, not prevent them.
Anyone still buying Nintendo products at this point isn’t paying attention.
I see Nintendo emulation / mod chipping / console hacking I support it. Toxic company deserves a return in kind for its abuse of its fanbase.
At this point, I guess they are either ignorant, unethical, or they are just lying to themselves because they can’t resist the temptation to play their games.
Look I don’t fault developers for kissing the ring. I know and have spoken with multiple devs at different Nintendo affiliated companies and they don’t enjoy it either but it lets them make the games they love for the people that they want to entertain.
I can’t say I support hating a full group of people because that’s not great either. “… except for the Amish but it’ll never get back to them” - John Pinette
In my case, I don’t hate them. I respect those devs, people have to put food on their tables somehow, and this way isn’t one of the worst… I just believe that by doing so, we are helping to perpetuate vicious corporativism.
Nintendo isn’t just the nestle of companies to users… they are the same or worse to their own.
I’ve seen people lose teams over errant comments about a novel idea for the IP they would love to see happen, or maybe even be developing as a passion project, purged for the notion that they were anything more than drones.
It’s a disgusting work culture taking advantage of bright eyed developers that grew up with fond memories of the brand. I genuinely love some of the IP and worlds made by the developers - but I will never, ever, spend a fucking penny on that company until it is changed.
I‘ll still buy their controller because you can‘t sue Chinese companies either so what‘s the difference? However I‘ll use it for PC gaming. No way I‘m going back to their ecosystem. Those days are gone.
Anyone still buying anything they can get for free at this point isn’t paying attention.
You can’t negotiate with junkies. You need to get them into treatment
I am very happy to be living in Austria. We have this law right here https://www.ris.bka.gv.at/NormDokument.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10002462&Artikel=&Paragraf=6&Anlage=&Uebergangsrecht= (And yes, our laws are available for free and up-to-date for everyone)
Section 6(1)(14) of the Austrian Consumer Protection Act states that any contractual provision requiring a consumer to waive their right to assert claims is invalid.
Wow, is this not the case everywhere? People can’t know the laws of their own country without paying? 😵💫
This shit never holds up in court - you can’t just sign rights away by clicking “accept” on a EULA. This is a scare tactic designed to stop people before they ever try because “well it says i can’t do that in the eula.”
If Nintendo give you a reason to sue them, sue the ever loving shit out of those greedy corporate fucks.
https://newmedialaw.proskauer.com/2020/02/14/court-enforces-arbitration-clause-in-online-terms-of-service-accepted-by-a-minor/
https://www.expertinstitute.com/resources/insights/arbitration-clauses-user-agreements/
https://www.centerjd.org/content/fact-sheet-cases-tossed-out-court-because-forced-arbitration-causes-and-class-action-bans
https://kennedyslaw.com/en/thought-leadership/article/no-click-bait-here-click-wrap-mandatory-arbitration-clause-in-your-terms-of-use/
Never say never in the US at least and never give these assholes corporations an inch they will screw you every chance they can and it will cost the consumer money and time in the end with these shenanigans.
Fair.
I may have been thinking about articles I’ve read about the EU and how they don’t tolerate this particular brand of corpo overreach, my apologies and thank you for the correction.
God I wish I lived in a sane country.
Remember the “Disney can legally kill your wife” memes?
Jokes on them, no one reads that shit!
The real question is how do we slowly bankrupt nintendo ?
By doing nothing. They are awful at reading the room, they’ll kill themselves.
Best bet is to just ignore them until they go away.
I was hoping to accelerate that by making alternatives to their games as well
Better yet: how do we fastly bankrupt nintendo?
Don’t buy the switch 2 and cancel your Nintendo online subscription.
Don’t worry Nintendo, even as someone who grew up on SMB, you’ve thoroughly convinced me to never do business with you ever again. Not even nostalgia…
Check out Jak & Daxter.
“Except for Claims (i) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, anti-circumvention, or moral rights, but not including its privacy or publicity rights) …”
So in other words, the types of matters Nintendo thinks it might have a dispute against users, court and class actions are okay, but for everything that they think users might file against Nintendo, they think arbitration is best.
Forced arbitration is unconstitutional. Roberts should be ashamed of himself.
Good thing that such clauses are null and void in Québec, Canada.
https://www.canlii.org/en/qc/laws/stat/cqlr-c-p-40.1/latest/cqlr-c-p-40.1.html#se:11_1
Wow Nintendo is really quadrupling down on being absolutely shitty! Love that I have a Steam Deck instead of a Switch because I’m never buying from these assholes again. I loved a ton of their franchises and have spent thousands of dollars on Nintendo consoles and games, but I’m fed up with their greed.
Don’t forget, you can and should still pirate their games.
Torzu is the logical successor to Yuzu. There will undoubtedly be a Switch 2 emulator.
Do not give these corporations your money. They will always use it against us.
Welp, fuck playing online anymore, just buying a switch 2 to hack it…
Don’t give these assholes any more money.
Why? Emulators baybeeee free.99
Do all emulators support online play though?
If you try and play Nintendo online with a modded switch running pirated ROMs you’re gonna have a bad time.
So then if you need multiplayer…
Local games only