Nintendohas a history of giving people fond childhood memories through the games it produces. From the first generation ofPokemongames to even modern titles likeKirby and the Forgotten Land, Nintendo has often prided itself on prioritizing fun in its games. Even with fun at the heart of its marketing message though, some gamers have taken issue with Nintendo as a corporation. Nintendo’s protection of its software and IP, for example, has been criticized as going too far, especially for YouTubers who can end up with their videos being taken down forusing Nintendo gameplay or soundtracks.
Besides being overly protective of its IP though, Nintendo has also faced some serious criticism over the Switch, its latest console. Specifically, there’s an issue with the Switch’s hardware that causes joy-cons to “drift,” which results in cursors and characters moving without direction from the player. Thedrift has been excused by Nintendo as being similar to car tiresshowing wear and tear over time. However, some Nintendo customers remain entirely unhappy with the company. Two American mothers recently sought to take on the gaming giant in court, though it was ruled that they couldn’t enact a class-action against the company.
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This is due to the mothers agreeing to the End User License Agreement (EULA) which the Switch presents to new users. The EULA includes the arbitration clause and a waiver on pursuing class-action lawsuits againstNintendo. However, the EULA also states that it must be accepted by someone over the age of 18, leading the mothers who began the case against Nintendo to now ask that the case be re-opened on behalf of their children, who are under the age of 18 and therefore not bound by the EULA.
Nintendo has countered the idea that children could sue the company, claiming that since the children did not buy the Nintendo Switch in question they cannot allege cognizable harm to themselves. Still, the mothers in question who began the case Sanchez et. al. v. Nintendo of America intend to press on. This is by no means the firstlawsuit Nintendo has faced over joy-con drift, as Switch users have been complaining about faulty thumbsticks and seeking to sue for years, leading to an apology by Nintendo’s CEO in 2020.
The matter of children potentially suing Nintendo will go before a federal judge in California on Thursday, though there is no confirmation that the lawsuit will be able to continue. Even if the case does go ahead, joy-con drift still proves to be a problem for many Switch owners, as even thenew Switch OLEDis likely to face some thumbstick issues after prolonged use.
