this post was submitted on 14 May 2024
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Two Joy-Con drift lawsuits have been dismissed after five years (www.videogameschronicle.com)
submitted 7 months ago by nanoUFO to c/games
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[–] [email protected] 46 points 7 months ago (3 children)

Nintendo issued an apology in 2020 over the issue, but argued that players who purchased the items were bound by the user agreement of the Nintendo Switch and thus ineligible to participate in a class action lawsuit against the company.

I'm not a lawyer, but this seems suspicious. How would this work? If I purchase a product in a retail store, where exactly would I sign something agreeing to give up my eligibility to participate in a class action suit? Are they trying to argue that linking the hardware to your account carries over the restriction to any hardware used?

[–] [email protected] 14 points 7 months ago* (last edited 7 months ago)

Presumably when you pair them with the switch console and agree to the terms electronically.

But what if I bought them for my PC or phone and never actually used them on a Switch? Does just having 'by using this device" in the front of the agreement make for a valid agreement?

[–] [email protected] 4 points 7 months ago

So like only people who got them as gifts?

[–] mindbleach 1 points 7 months ago

"You can't all sue us" clauses need to be thrown out and criminally punished.

EULAs in general are unenforceable bullshit. "By buying this object you agree to--" Nope! I can't make a contract with an object. Certainly not with one I already bought and own.