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.
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. 🫠🫠🫠
The real question is how do we slowly bankrupt nintendo ?
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.
Wow, is this not the case everywhere? People can’t know the laws of their own country without paying? 😵💫
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://www.expertinstitute.com/resources/insights/arbitration-clauses-user-agreements/
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.
