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

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

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

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...

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.

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.
Jokes on them, no one reads that shit!

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.
- Yeah, if I recall the change was because so many people took them to arbitration at the same time that the cost wasn't worth it, so they changed the policy to 'local court' to avoid the situation repeating while also sidestepping any large class action attempts.
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.

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

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.

"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.

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. 🫠🫠🫠

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

Don't give these assholes any more money.