Nintendo has a history of creating good childhood memories through its games. From the first generation of Mario and Pokémon games to modern titles like Kirby, Nintendo has prided itself on putting fun first. However, despite fun being at the core of their marketing strategy, some gamers have had issues with Nintendo as a company. For example, it has been criticized that Nintendo is too protective of its software and intellectual property, especially in the case of YouTubers, who may end up removing their videos for using Nintendo gameplay or soundtracks.
However, in addition to over-protecting your intellectual property, Nintendo It has also faced serious criticism for the Switch. Specifically, there is a problem with the Switch hardware that causes Joy Con to “drift” (drift), causing cursors and characters to move without the player’s command. Nintendo has justified this deviation by saying that it is similar to the wear of car tires over time. However, some Nintendo customers remain totally unhappy with the company. Recently, two American mothers attempted to take on the video game giant in court, though it was ruled that they could not file a class action lawsuit against the company.
This is because the mothers accepted the End User License Agreement (EULA) that the Switch presents to new users. The EULA includes the arbitration provision and the waiver of class action against Nintendo. However, the EULA also states that it must be accepted by someone over the age of 18, which has led the mothers who brought the case against Nintendo to now ask for the case to be reopened on behalf of their children, who are under 18. years and are therefore not bound by the EULA.
Nintendo has disputed the idea that children could sue the company, arguing that, as children they didn’t buy the Switch in question, they cannot allege knowable harm to themselves. Still, the mothers who started the case and others against Nintendo of America intend to move on. This isn’t the first lawsuit Nintendo has faced over the Joy-Con drift issue, as Switch users have been complaining about faulty sticks for years, leading to an apology from the CEO of Switch. Nintendo in 2020.
The matter of the children potentially suing Nintendo will go before a federal judge in California on Thursday, though there is no confirmation that the lawsuit will go forward. Even if the case goes ahead, Joy-Con drift is still a problem for many Switch owners, as even the new Switch OLED has this problem after prolonged use.