American judge dismisses Joycon-drift lawsuit based on the user's acceptance of the EULA

Ducolamia · Feb 7, 2023

The frustrating part of this isn't the case itself in my opinion but Nintendo's refusal to outright fix the problem to prevent cases like this.

If the joycons didn't have an issue with stick drift, they probably wouldn't be in this position (haha). HOWEVER, for some reason, instead of making a minor revision like they did with the OG Switch a few years ago, they decided that it's not worth the effort and that they should just repair them for free. Which, fine, glad I didn't have to pay when mine got drift but that that's still weeks of waiting for the joycons to come back.

Nintendo has more than enough hardcore fans willing to pay a little more for hall-joysticks, which are becoming a standard within more handheld devices. If the OLED Switch had that, it would've been a little scummy but a much better deal for justifying the price.

One of the reasons I haven't gotten a Switch Lite is BECAUSE of the drift. Who wants to spend a half an hour having to take apart your device to replace joysticks every time they drift if you don't have hall sticks? Also, the margin for error greatly increases with potentially messing something up with one connected device. At least if you accidentally brick a Joycon you can replace it. God forbid you brick your system (even if it's a low chance).

Lather · Feb 7, 2023

meh, Im just buy Sd, goodbye ns

Andy2001 · Feb 7, 2023

No fucks given by nintys lawyers. The ninjas showed court whats up. No one fucks the big N.
:gun:

CoolMe · Feb 7, 2023

Nintendont be like : No joy-conu duriftu!

Spider_Man · Feb 7, 2023

so because you the parent buys a childish toy console for your child, the fact nintendo are dirty cheap nasty cunts, they can get away with it in the courts, because said child is not the one filing the complaint to the court.

yup, nice big juicy bonus incoming to nintendos dirty legal team and i bet the judge gets a nice payout for defending nintendo.

nintendo should be forced to recall all faulty joycons and replace them with better analogue sticks and remove the cheap shit from all future models production.

but hey ho, we all know how nintendo wants to make something as cheap as possible and hand over the expense to others, at the end of the day, as long as they manage to hype the shit out of its crap consoles so they can sit back laugh as it "prints money".

G33ksquad · Feb 7, 2023

Spider_Man said:
so because you the parent buys a childish toy console for your child, the fact nintendo are dirty cheap nasty cunts, they can get away with it in the courts, because said child is not the one filing the complaint to the court.

yup, nice big juicy bonus incoming to nintendos dirty legal team and i bet the judge gets a nice payout for defending nintendo.

nintendo should be forced to recall all faulty joycons and replace them with better analogue sticks and remove the cheap shit from all future models production.

but hey ho, we all know how nintendo wants to make something as cheap as possible and hand over the expense to others, at the end of the day, as long as they manage to hype the shit out of its crap consoles so they can sit back laugh as it "prints money".

So I’ll have to dig up the interview but Nintendo did state within the last few years they are continually improving the Joy Con, I don’t see a lot of newer sets getting drift as a technician but that is my personal observation, and the older sets I’ve sent Nintendo they have replaced the entire Joy Con with a brand new one. I think this sucks but for the US I’m glad they at least resolve this for free. If you send them out Monday it isn’t unusual to get them back Saturday or the next Monday. Hopefully they keep doing so long term.

The Real Jdbye · Feb 7, 2023

Correct me if I'm wrong, but isn't an EULA a software agreement, not a hardware one? Regardless of what is written in the EULA it should have no bearing on expected hardware functionality. You own the hardware, you are not licensing it, you are licensing the software and online services.
Seems to me like this judge goofed big time.

zoogie said:
So let me get this straight. Nintendo will fix your joycons if they have drift -- even out of warranty -- but people are still suing, for reasons?

I guess if lawyers are still getting payed, everyone's still happy in freedomland.

Nope, this doesn't apply worldwide. Here they want you to send your whole Switch in if your JoyCons are faulty and if they find any reason to claim it's not covered by warranty (such as "liquid damage") they'll refuse to repair it.

Post automatically merged: Feb 7, 2023

G33ksquad said:
So I’ll have to dig up the interview but Nintendo did state within the last few years they are continually improving the Joy Con, I don’t see a lot of newer sets getting drift as a technician but that is my personal observation, and the older sets I’ve sent Nintendo they have replaced the entire Joy Con with a brand new one. I think this sucks but for the US I’m glad they at least resolve this for free. If you send them out Monday it isn’t unusual to get them back Saturday or the next Monday. Hopefully they keep doing so long term.

I have not seen that statement, but plenty of people have taken apart JoyCons new and old (including Switch Lites) and they have not changed a thing. The sticks are the exact same design.

ZeroT21 · Feb 7, 2023

I don't see why nintendo will ever fix something that is designed to be disposable after it breaks. How else will they sell you another 5 pairs of joy-cons in a year :rofl2:

impeeza · Feb 7, 2023

but that applies only to california buyers, I wonder how many cost to N to pay that judge.

nWo · Feb 7, 2023

That sucks. Here in Mexico, for example, I had two pairs of joycon with that issue since I had the Switch (2018). Here, even with warranty, is a nightmare. One pair had warranty and it took about two months between them receiving the controllers, "fixing" them and sending them back. Also, they asked for so many photos, the proof of purchase, about 10 telephone calls... man, it was insane.

The other pair, they charged because warranty has just expired, and about a couple of months after the "fix" the drift came back.

On both cases. So I mainly used other controllers like the Pro, etc.

Now, I have the Skyward Sword special edition and since then, there is no drift.

It sucks that they just dismissed this like nothing ever happened. And don't get me wrong, I really love the joycons. The concept of detaching, the vibration etc. it is a really cool set of controllers, but the drift fucked it all up.

G33ksquad · Feb 8, 2023

The Real Jdbye said:
Correct me if I'm wrong, but isn't an EULA a software agreement, not a hardware one? Regardless of what is written in the EULA it should have no bearing on expected hardware functionality. You own the hardware, you are not licensing it, you are licensing the software and online services.
Seems to me like this judge goofed big time.

Nope, this doesn't apply worldwide. Here they want you to send your whole Switch in if your JoyCons are faulty and if they find any reason to claim it's not covered by warranty (such as "liquid damage") they'll refuse to repair it.

Post automatically merged: Feb 7, 2023

I have not seen that statement, but plenty of people have taken apart JoyCons new and old (including Switch Lites) and they have not changed a thing. The sticks are the exact same design.

They may be the same design but that doesn’t mean there are not small improvements, I’m not saying for certain, and it may just take time for newer joy con sets to get drift also, I just thought it was a weird comment to make.

Here was the comment. Again this just may be Nintendo blowing smoke.

“As we’ve gone through the first five and a half years of the Nintendo Switch, we’ve observed gameplay, we’ve observed as people have returned units how they’ve worn, and we’ve been making continuous improvements overall to the Joy-Con, including the analog stick. This latest version, Nintendo Switch OLED, has the same updated analog stick that’s now available in the original Nintendo Switch and Nintendo Switch Lite.”

HarveyHouston · Feb 8, 2023

IMHO, drift is not as much of an issue as people think. Sure, it can happen, but have you heard of calibration and maintenance?

wolffangalchemist · Feb 8, 2023

Nintendo being Nintendo and winning lawsuits due to EULA's and having anti-consumer practices. just buy some hall effect analog sticks and call it a day, really not too hard to swap them out anyway. there is not much else you can do there since all anolog sticks (except hall effect) wil eventually drift anyway, only future-proof controller is the Dreamcast.

The Real Jdbye · Feb 8, 2023

G33ksquad said:
They may be the same design but that doesn’t mean there are not small improvements, I’m not saying for certain, and it may just take time for newer joy con sets to get drift also, I just thought it was a weird comment to make.

Here was the comment. Again this just may be Nintendo blowing smoke.

“As we’ve gone through the first five and a half years of the Nintendo Switch, we’ve observed gameplay, we’ve observed as people have returned units how they’ve worn, and we’ve been making continuous improvements overall to the Joy-Con, including the analog stick. This latest version, Nintendo Switch OLED, has the same updated analog stick that’s now available in the original Nintendo Switch and Nintendo Switch Lite.”

Maybe they've made some invisible changes, like changing how the graphite coating is applied, haven't seen any evidence to indicate that though, so it seems a little far fetched.
Regardless, they've done nothing to fix the root cause, it's just a bad design, they can't fix it without redesigning the sticks. Even if they managed to improve durability by 50%, that just means your sticks wear out every 9 months instead of every 6 months, it's still horrible. 6 months is about how long new sticks last for my family members who play a lot.

One thing they actually did improve was the JoyCon connectivity issues (specifically with the left JoyCon), it was a very simple fix (just a piece of conductive foam added), but it was enough to 90% fix the issue.

I wonder if anyone's done a teardown of a new console recently, to see if the model number of the stick has been changed. There was one when the Switch Lite came out and the model number was the exact same, which is a good indicator that nothing was changed.

G33ksquad · Feb 8, 2023

The Real Jdbye said:
Maybe they've made some invisible changes, like changing how the graphite coating is applied, haven't seen any evidence to indicate that though, so it seems a little far fetched.
Regardless, they've done nothing to fix the root cause, it's just a bad design, they can't fix it without redesigning the sticks. Even if they managed to improve durability by 50%, that just means your sticks wear out every 9 months instead of every 6 months, it's still horrible. 6 months is about how long new sticks last for my family members who play a lot.

One thing they actually did improve was the JoyCon connectivity issues (specifically with the left JoyCon), it was a very simple fix (just a piece of conductive foam added), but it was enough to 90% fix the issue.

I wonder if anyone's done a teardown of a new console recently, to see if the model number of the stick has been changed. There was one when the Switch Lite came out and the model number was the exact same, which is a good indicator that nothing was changed.

Yea I agree a poor design, I usually opt to play with the pro controller myself. Not sure if anyone has done a recent teardown, I felt like the comment was far fetched also the first time I read it.

djnate27 · Feb 8, 2023

I signed up for the Class Action suit and I haven't been a minor for many years. What about me?

The Real Jdbye · Feb 9, 2023

djnate27 said:
I signed up for the Class Action suit and I haven't been a minor for many years. What about me?

Yeah, I dunno why they're specifically targeting minors.
I don't think this is over yet though. It might be a long battle, but hopefully it can be won in the end.

Bladexdsl · Feb 9, 2023

imagine playing metroid than all of a sudden you get drift

MadDev77 · Feb 14, 2023

HarveyHouston said:
IMHO, drift is not as much of an issue as people think. Sure, it can happen, but have you heard of calibration and maintenance?

Yeah I've never experienced joy con drift myself after having a switch for years.

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