Nintendo Wins Joy-Con Drift Lawsuit Because Of Terms And Conditions
There are two kinds of drifting. The first one's cool, and extremely popular in Tokyo; and the second one kind of sucks and is hated the world over. Of course, I'm talking about stick drift on the analogue sticks of your controller or Joy-Con. Stick drift is perhaps the most common, yet most annoying issue you can face, because you never know when it will affect your controller – sometimes even within months of buying it.
Last year in March, two families in the US tried to sue Nintendo for the Joy-Con drift issue with their Switch. When the mothers learnt that they could not legally file the lawsuit, they got the suit filed under the names of their children. This was all despite the fact that Nintendo had rolled out a program to repair Joy-Cons for free. So, it did look a lot like they were trying to make a quick buck.
Well, it turns out that it didn't matter anyway, as Nintendo has now won the lawsuit thanks to the Switch's End User License Agreement (thanks, NintendoLife). The EULA essentially disallows the product owner from filing a lawsuit against the company. However, the parents tried to argue that due to the age of the children, they couldn't be bound to the EULA, but the parents were found to be the real owners of the system, winning Nintendo the case.
It's unclear what these parents were hoping to achieve by trying to sue one of the most successful companies in the world, which probably has hundreds of lawyers on retainer. Add to that the fact that Nintendo has brutally gone after anyone using its licensed products in a way that it doesn't approve of, and you'd have to have a really good lawyer to get into a legal battle with the company.
In December last year, UK based watchdog 'Which?' called out Nintendo for the Joy-Con drift issue. It recommended that Nintendo not only provide a “no quibble” repair or replacement policy, but also to conduct an extensive internal investigation to find out how such an issue was allowed to happen.
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