“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.
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.
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.
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.
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.
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“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.
Anyone still buying Nintendo products at this point isn’t paying attention.
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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 see Nintendo emulation / mod chipping / console hacking I support it. Toxic company deserves a return in kind for its abuse of its fanbase.
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.
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? 😵💫
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.
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Welp, fuck playing online anymore, just buying a switch 2 to hack it…
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Do all emulators support online play though?
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So then if you need multiplayer…
Local games only
Don’t give these assholes any more money.
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…
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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.
Jokes on them, no one reads that shit!
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?
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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.
US will say, “give us money Nintendo. We got your back.”
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. 🫠🫠🫠
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
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.
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.
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.
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.