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inclementimmigrant@lemmy.world to Games@lemmy.worldEnglish · 6 months ago

Nintendo is Trying to Stop You From Filing Lawsuits Against Them With New EULA Amendment

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Nintendo is Trying to Stop You From Filing Lawsuits Against Them With New EULA Amendment

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inclementimmigrant@lemmy.world to Games@lemmy.worldEnglish · 6 months ago
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Nintendo's EULA amendment now stops players from filing class action lawsuits against them unless they write a letter opting out.
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  • Darkcoffee@sh.itjust.works
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    6 months ago

    Anyone still buying Nintendo products at this point isn’t paying attention.

    • Yggstyle@lemmy.world
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      6 months ago

      I see Nintendo emulation / mod chipping / console hacking I support it. Toxic company deserves a return in kind for its abuse of its fanbase.

    • warmaster@lemmy.world
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      6 months ago

      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.

      • Yggstyle@lemmy.world
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        6 months ago

        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

        • warmaster@lemmy.world
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          6 months ago

          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.

          • Yggstyle@lemmy.world
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            6 months ago

            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.

    • CosmoNova@lemmy.world
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      6 months ago

      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.

    • gradual@lemmings.world
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      6 months ago

      Anyone still buying anything they can get for free at this point isn’t paying attention.

    • LandedGentry@lemmy.zip
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      6 months ago

      You can’t negotiate with junkies. You need to get them into treatment

  • gradual@lemmings.world
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    6 months ago

    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.”

    • Etterra@discuss.online
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      6 months ago

      They’re basically there to reduce lawsuits, not prevent them.

    • Echo Dot@feddit.uk
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      6 months ago

      The EU has said that EULAs have zero basics in law and we can ignore them.

  • Nikls94@lemmy.world
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    6 months ago

    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.

    • MoonlightFox@lemmy.world
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      6 months ago

      Wow, is this not the case everywhere? People can’t know the laws of their own country without paying? 😵‍💫

  • Kyrgizion@lemmy.world
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    6 months ago

    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…

    • gradual@lemmings.world
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      6 months ago

      Check out Jak & Daxter.

  • notgivingmynametoamachine@lemmy.world
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    6 months ago

    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.

    • inclementimmigrant@lemmy.worldOP
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      6 months ago

      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.

      • notgivingmynametoamachine@lemmy.world
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        6 months ago

        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.

        • Yermaw@lemm.ee
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          6 months ago

          Remember the “Disney can legally kill your wife” memes?

    • Taleya@aussie.zone
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      6 months ago

      Jokes on them, no one reads that shit!

  • radiohead37@lemmynsfw.com
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    6 months ago

    Forced arbitration is unconstitutional. Roberts should be ashamed of himself.

  • m-p{3}@lemmy.ca
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    6 months ago

    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

  • _haha_oh_wow_@sh.itjust.works
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    6 months ago

    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.

    • gradual@lemmings.world
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      6 months ago

      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.

  • TAG@lemmy.world
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    6 months ago

    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.

    • Adalast@lemmy.world
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      6 months ago

      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.

      • catloaf@lemm.ee
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        6 months ago

        That was a recent change, and it’s still anti-consumer. It’s an attempt to block class action suits.

    • sugar_in_your_tea@sh.itjust.works
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      6 months ago

      There’s a good chance that clause won’t hold up in court, but proving that would require a lot of time and money.

  • A1kmm@lemmy.amxl.com
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    6 months ago

    “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.

  • jordanlund@lemmy.world
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    6 months ago

  • ZeroOne@lemmy.world
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    6 months ago

    The real question is how do we slowly bankrupt nintendo ?

    • haui@lemmy.giftedmc.com
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      6 months ago

      Better yet: how do we fastly bankrupt nintendo?

    • Echo Dot@feddit.uk
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      6 months ago

      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.

      • ZeroOne@lemmy.world
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        6 months ago

        I was hoping to accelerate that by making alternatives to their games as well

  • Goretantath@lemm.ee
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    6 months ago

    Welp, fuck playing online anymore, just buying a switch 2 to hack it…

    • _haha_oh_wow_@sh.itjust.works
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      6 months ago

      Don’t give these assholes any more money.

    • LandedGentry@lemmy.zip
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      6 months ago

      Why? Emulators baybeeee free.99

      • thermal_shock@lemmy.world
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        6 months ago

        Do all emulators support online play though?

        • LandedGentry@lemmy.zip
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          6 months ago

          If you try and play Nintendo online with a modded switch running pirated ROMs you’re gonna have a bad time.

          • thermal_shock@lemmy.world
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            6 months ago

            So then if you need multiplayer…

            Local games only

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