​

Nintendo is well known for its really strict and often anti-consumer policies and actions to fans and modders alike, and the recent news about Nintendo changing its tournament and eSports policies to be even more strict than before made in October 24th, 2023, have caused nothing but disdain and a stir for everyone even remotely interested in any kind of tournament with Nintendo games involved, mainly Super Smash Bros., and all games Nintendo for that matter.

This new tournaments policy changes made by Nintendo caught up to the Norwegian Consumer Council's senior advisor, Thomas Iversen, who has recently shared his thoughts and possible actions by his and European Consumer organizations about Nintendo's latest draconian policies regarding tournaments and eSports, and other circumstances that involve Nintendo's franchises and/or IPs.

In a recent interview with PressFire.no, Iversen mentioned that Nintendo has submitted any kind of terms that binds users and consumers to Nintendo's policies, stating (and translated):

Nintendo sets limits on how consumers, clubs, associations and other non-commercial actors can use games and equipment. However, I cannot see that these terms are presented in such a way that consumers are bound.
Terms that set clear boundaries for the right to dispose of what you have purchased must be highlighted clearly before the purchase of games and consoles is entered into.

This basically means that, since Nintendo didn't invoke these terms back when the games were originally released, they cannot enforce these new terms, given they were not present back on the time of purchase, quoting:

Contract terms that give the company the upper hand over its customers will soon be unreasonable, and can be set aside.
In any case, a unilateral change in how the games console you have bought can be used will quickly come to the fore with both the Consumer Purchase Act and the Marketing Act.

Iversen didn't stop there, as he is also aware that Nintendo is heavily opposed to game modifications, given how that's one of the points from the new policy, and mentioned the previous lawsuit that Nintendo lost decades ago against the Game Genie, (a tool that allowed gamers to modify their games all the back in the NES days), setting the precedent for game modification to become legal (something that Japan has since made illegal recently as well), and also touched upon the matter:

One would think that this issue was resolved then, as long as the use does not conflict with copyright.
There can be many legitimate reasons for modifying games. For example, modification is often necessary to set up interactivity in connection with speedrunning, challenge runs or downgrading to older versions.
As long as the use does not violate Nintendo's copyright, I cannot see that Nintendo can unilaterally set restrictions on modifications that fall under the free use of the game or console that has been purchased.

The matter gets even worse for Nintendo, since they explicitly mention the use of only their officially licensed controllers, with the Norwegian Handicap Association and Handicapped Children's Parents Associations expressing their thoughts regarding Nintendo's new policies with board member Håvard Ravn Ottesen stating:

For us, it is equal participation that matters. Our children deserve to play and participate just as much as other children

Nintendo's new policies basically means that any kind of third party controllers or accessories that would allow people with handicaps or disabilities are forbidden, essentially excluding them from any kind of tournament participation. Iversen expresses his discomfort and criticizes Nintendo's stance on disallowing non-licensed controllers for this matter as well:

I have no respect for such a restriction.
Firstly, it will prevent people with physical challenges from playing, and in addition such a closure of the system will be an act restricting competition.

To close up the interview, Iversen promises to take the matters from the Norwegian Consumer Council into other European consumer colleagues and organizations to prompt a proper action towards these kind of restrictions:

We are following the development, and will take it up with our European colleagues and continuously assess whether this is something to which we should react more systematically.

The actions of the Consumer Council is what forced Nintendo to both change a policy to allow users to cancel pre-orders for Nintendo Switch games, and to also offer repairs for Joycons that suffered from the infamous joystick drift free of charge, which is an issue that still prevails in Nintendo Switch systems to this day, even in newer iterations of the system like the Switch Lite and Switch OLED.

Multiple other examples of previous actions by Nintendo when it comes to tournaments can be seen in the Smash World Tour Tournament being cancelled a year ago due to their stated policies (before the new changes), ProjectM+ being removed from tournaments' lineups due to Nintendo's restrictions about game modifications and "piracy", and; during the first year of the pandemic where no in-person events were allowed, cancelling The Big House's tournament due to the use of Slippi, which is a software that allowed online play for Super Smash Bros. Melee, arguing it "allowed or condoned piracy" back when no other way to held tournaments was viable due to the worldwide events.
These are just a handful of Nintendo's on-going long list of C&D and DMCA actions towards fan projects and tournaments.

Source

 

[ShadowOne333]

This should be Nintendo's new logo:

 

[isoboy]

Norwegian here. I just hack. lul.

 

[Ryab]

View attachment 404679
​

Nintendo is well known for its really strict and often anti-consumer policies and actions to fans and modders alike, and the recent news about Nintendo changing its tournament and eSports policies to be even more strict than before made in October 24th, 2023, have caused nothing but disdain and a stir for everyone even remotely interested in any kind of tournament with Nintendo games involved, mainly Super Smash Bros., and all games Nintendo for that matter.

This new tournaments policy changes made by Nintendo caught up to the Norwegian Consumer Council's senior advisor, Thomas Iversen, who has recently shared his thoughts and possible actions by his and European Consumer organizations about Nintendo's latest draconian policies regarding tournaments and eSports, and other circumstances that involve Nintendo's franchises and/or IPs.

In a recent interview with PressFire.no, Iversen mentioned that Nintendo has submitted any kind of terms that binds users and consumers to Nintendo's policies, stating (and translated):



This basically means that, since Nintendo didn't invoke these terms back when the games were originally released, they cannot enforce these new terms, given they were not present back on the time of purchase, quoting:



Iversen didn't stop there, as he is also aware that Nintendo is heavily opposed to game modifications, given how that's one of the points from the new policy, and mentioned the previous lawsuit that Nintendo lost decades ago against the Game Genie, (a tool that allowed gamers to modify their games all the back in the NES days), setting the precedent for game modification to become legal (something that Japan has since made illegal recently as well), and also touched upon the matter:



The matter gets even worse for Nintendo, since they explicitly mention the use of only their officially licensed controllers, with the Norwegian Handicap Association and Handicapped Children's Parents Associations expressing their thoughts regarding Nintendo's new policies with board member Håvard Ravn Ottesen stating:



Nintendo's new policies basically means that any kind of third party controllers or accessories that would allow people with handicaps or disabilities are forbidden, essentially excluding them from any kind of tournament participation. Iversen expresses his discomfort and criticizes Nintendo's stance on disallowing non-licensed controllers for this matter as well:



To close up the interview, Iversen promises to take the matters from the Norwegian Consumer Council into other European consumer colleagues and organizations to prompt a proper action towards these kind of restrictions:



The actions of the Consumer Council is what forced Nintendo to both change a policy to allow users to cancel pre-orders for Nintendo Switch games, and to also offer repairs for Joycons that suffered from the infamous joystick drift free of charge, which is an issue that still prevails in Nintendo Switch systems to this day, even in newer iterations of the system like the Switch Lite and Switch OLED.

Multiple other examples of previous actions by Nintendo when it comes to tournaments can be seen in the Smash World Tour Tournament being cancelled a year ago due to their stated policies (before the new changes), ProjectM+ being removed from tournaments' lineups due to Nintendo's restrictions about game modifications and "piracy", and; during the first year of the pandemic where no in-person events were allowed, cancelling The Big House's tournament due to the use of Slippi, which is a software that allowed online play for Super Smash Bros. Melee, arguing it "allowed or condoned piracy" back when no other way to held tournaments was viable due to the worldwide events.
These are just a handful of Nintendo's on-going long list of C&D and DMCA actions towards fan projects and tournaments.

Source

I mean this is interesting but I don't see this really going far.

 

[xdarkx]

I just find it ridiculous that Nintendo is still so strict with how people play Smash, specially when it comes to tournaments.

 

[LeyendaV]

As a life-long Nintendo fan, I say this is great news. If a company, doesn't matter which, doesn't understand its limits, then sadly people must show them by force.

 

[AdenTheThird]

Nintendo's incredibly counter-intuitive corporate policy is the exact reason why I have zero qualms with... "life on the high seas" to Nintendo games. I hope Nintendo loses. And I cannot fathom why they are so obsessed with micromanaging their fans.

 

[Memfis]

Well, Microsoft also ban non licensed Controllers and make them intentionally unusable.
Nintendo, Microsoft, Sony; Put them all in a sack and hit. You can't strike the wrong one

 

[ShadowOne333]

I mean this is interesting but I don't see this really going far.

Read the second-to-last paragraph, Consumer Council already had a couple wins against Nintendo, this could be next as well if EU plays it right.

 

[Lostbhoy]

I don't understand how this works... If I wanted to do a tournament I have to contact the ninjas directly to tell them all about it and then hear what I can and can't do?

Who is doing that? How else would they even know about it?? Is this a correct analysis??

Do I owe them for the mario kart tournaments I had on snes with friends in 1992?? I don't get any of this but then I don't play smash or tournaments.

 

[Noctosphere]

This should be Nintendo's new logo:

View attachment 404683

 

[ut2k4master]

I don't understand how this works... If I wanted to do a tournament I have to contact the ninjas directly to tell them all about it and then hear what I can and can't do?

Who is doing that? How else would they even know about it?? Is this a correct analysis??

Do I owe them for the mario kart tournaments I had on snes with friends in 1992?? I don't get any of this but then I don't play smash or tournaments.

if its big enough

 

[seseiSeki]

Would be more fun to see no Nintendo tournaments happening at all. Unfortunately, since it's Nintendo, that won't affect their sales, so they wouldn't even care...
Something happening seems like the better outcome.

 

[ShadowOne333]

Would be more fun to see no Nintendo tournaments happening at all. Unfortunately, since it's Nintendo, that won't affect their sales, so they wouldn't even care...
Something happening seems like the better outcome.

That's what baffles me most.
Their sales are above any other AAA IP out there, yet they still bitch about piracy and, worst, modding/hacking of all things

 

[Ligeia]

And there's still people here wondering why we hate Nintendo.

 

[Xzi]

Almost nothing from the new guidelines is actually enforceable, by releasing them to the public all Nintendo accomplishes is generating ill will from some of their most dedicated fans. Total brain fart.

 

[LightBeam]

Is Nintendo even giving some money to the cashprize or something ? I wish we could just say nah fuck you Nintendo and still go on playing what we want to play. Would people really get sued if they went on with the tournament on Slippi ?
There needs to be a legal precedent for Nintendo to stop being bitches (on that subject at least, cuz they've always been and it'll probably last forever)

I don't know, I can understand how one wouldn't want to take the risk, but when you think about it .... Is the court really going to hold you as accountable because you held a tournament on an old game, using a software that allowed you to play said game online, during a global pandemic where there was no other way around ? On a game that hasn't been sold for decades ?
I feel like Nintendo is just playing with fear but they don't have anything else to back them up

 

[Viri]

I just find it ridiculous that Nintendo is still so strict with how people play Smash, specially when it comes to tournaments.

They probably seen the amount of scandles the pro Smash Bros community has, and they don't want their product being associated. They don't see it worth the hassle.

 

[Axido]

No(r)way Nintendo is gonna dictate people how to play their games here in the EU.

 

[xdarkx]

They probably seen the amount of scandles the pro Smash Bros community has, and they don't want their product being associated. They don't see it worth the hassle.

That makes sense, but I feel like they gone a bit overboard with their polices.