Joy-Con drift class action lawsuit dropped by Illinois court, must be judged by arbitrator

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Another update to the never-ending Joy-Con drift debacle sees the class action lawsuit brought up against Nintendo dropped by the US District Court of Illinois. The case, filed by Zachary Vergara, began last year in small claims court, in hopes of bypassing the requirement to arbitrate the dispute. The case was later brought to a federal court, where Nintendo defended themselves by claiming that any consumer that purchases their hardware agrees to their end-user license, which protects them from such lawsuits and instead requires legal disputes to go through full arbitration. The judge presiding over the case came to the conclusion that Vergara must take his lawsuit to an arbitrator to confirm if his case can go through federal court, or if Nintendo's EULA requires full arbitration. While Nintendo won out in this instance, the judge told Vergara that he can bring his case back to court should the arbitrator decide that the Joy-Con lawsuit doesn't have a need for arbitration.

An Illinois man must arbitrate his claim that Nintendo of America Inc. sold defective controllers with its Switch game systems, a federal court in the state said Thursday.

Zachary Vergara entered into a valid arbitration agreement with Nintendo, and whether his claim falls within its scope is for an arbitrator to decide, the U.S. District Court for the Northern District of Illinois said.

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the_randomizer

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The Playstation lasted a decade or more and used CDs. So once you had it chipped it was the cheapest console ever to get pirated games for.

While the Wii was popular and easy to hack, you had to deal with software updates and using DVDs that were not as cheap.

The PS2 is most likely the second most hacked console ever and once hacked it stayed hacked.

And sold 150 million units, proving that piracy had little impact on sales.
 

raxadian

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And sold 150 million units, proving that piracy had little impact on sales.

Actually there are whole countries were the console was mostly sold already chipped and were it was actually hard to find people who didn't have pirated games

Piracy actually helped Sony to sell the console in several countries as pirated games were really cheap compared to Nintendo 64 and Dreamcast games.
 

the_randomizer

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Actually there are whole countries were the console was mostly sold already chipped and were it was actually hard to find people who didn't have pirated games

Piracy actually helped Sony to sell the console in several countries as pirated games were really cheap compared to Nintendo 64 and Dreamcast games.

Exactly, people who said it hurt sales don't know what they're talking about. Same with DS, PSP, etc.
 

Patxinco

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Probably an unpopular opinion but here it comes.
I've had a switch since 2017 and haven't got any drift, but i had to change the joystick myself this morning because it broke the left stick pressing button from a fall.
It took me 15 minutes to change it and 7€ per joystick (bought x2 package in Amazon 14,xx€), paying 40$ for a repair is stupid, there's plenty guides which show how to change it yourself.
It's has been easier to change the joystick than changing right trigger on the original 3DS.
Don't know which extreme use are you giving to your consoles but having it since 2017 and 0 problems.

Maybe the problem is that people nowadays doesn't take good care of the things they buy.
 

2Hack

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The Playstation is the most hacked console in the history of the world, just add a chip and you are done. The PS2 wasn't much better and while they tried to make the PS3 safer their huge data leak didn't help things.

Funny enough the 3DS wasn't so bad, people had to keep updating to use the Pokemon games online and so on.

The Switch? Save for the PS1 and the Sega CD that directly had no copy protection at all, I never have seen a videogame console hacked so fast.
the ps1 era at this point is irrelevant imo since it’s been over 20 years. The security crackdown started mostly around the ps3/wii/Xbox 360 era
Since then, Hacks have been harder and harder to come by except on Nintendo’s consoles.
the point is, neither the ps3 or ps4 were hacked at a reasonable level. Also it was PSN that got hacked not the ps3. Yeah maybe specific old fw versions but no where near the hack-ability of the wii, wiiU, 3Ds, DS or switch. The vWii of the wiiU was hacked just as early the switch.

there’s a reason the hacking community of Nintendo systems is so much larger than other consoles
 

djnate27

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That’s their new slogan. “Nintendo. Now you’re abusing with power!”

Everyone, stop buying replacement controllers and force Nintendo to fix what is broken. It is obvious they don’t care about their customers or they would have publicly addressed this issue already. The only thing they care about is money and guess what? Collectively, we possess it so we hold the power. It’s a shame because they used to hold themselves to a higher standard.

If we want changes we need to hit them where it hurts.
 
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64bitmodels

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i know :creep:

no it's all true. nintendo failed miserably with thew switch. once the ps5 is out i'm done with it until mp4 is out. i'm tried of getting games for it only to have them run like garbage thanks to it's inferior HANDHELD hardware it can't even run games made 4 years ago!
Uhh Dude... it's a fuckin handheld. If it actually had the optimal performance you wanted it wouldve cost 600 dollars
Plus if it's better than the wii u it's good for me- I didnt think to get a PS4 back when it released because i was really young back then (i had a fucking xbox 360 in 2014 for christ sake) so switch is the best way i can play the most recent games
Also just get a PC instead- youre probably just going to pirate most of the games on PS5 anyways and pirating on PC is the easiest thing ever
 

Xzi

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Uhh Dude... it's a fuckin handheld. If it actually had the optimal performance you wanted it wouldve cost 600 dollars
Plus if it's better than the wii u it's good for me- I didnt think to get a PS4 back when it released because i was really young back then (i had a fucking xbox 360 in 2014 for christ sake) so switch is the best way i can play the most recent games
Also just get a PC instead- youre probably just going to pirate most of the games on PS5 anyways and pirating on PC is the easiest thing ever
Indeed. It's not like base PS4 or XB1 run any AAA games above 30 FPS anyway, so it's pretty miraculous that Nintendo was able to match that performance on a portable system within the same generation. Even accounting for the fact that graphics settings of course have to be reduced.
 
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pcwizard7

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they all do this if you want to make a change you should vote on "The right to repair" bill in your area if u want to see a change in this area
 

Xzi

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No one is forcing anyone to buy joy-cons. If you don't want to deal with drift, don't buy them it's that simple. There are many 3rd party Joy-con alternatives available.
I mean, they're the only controller(s) that come with a new Switch, and they're permanently affixed to the Switch Lite, so I can definitely understand some of the frustration. At the same time, as others have already pointed out, any joystick on any controller can end up drifting over time. If I had to take a guess, the only reason joy cons are more prone to seeing it happen sooner is because of the no-lip/flat design below the sticks. It allows more dirt and hair and such to get underneath at a faster rate and cause issues. Even the lips below the Switch Pro controller joysticks are a lot more subtle and flat than the "sloped" design of the PS4 and XB1 controllers.
 
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Patxinco

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Well, you must understand. Not everyone is a Patxinco: God amongst men.
Saying this makes me think you only read the last sentence, i suggest you to reread and see that i had to change mine because of a fall.

I'm totally included on those on the last sentence.
 

codezer0

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Nintendo is the same company that refused to do ANYTHING AT ALL about the hinges on DS's from the DS lite all the way up until the 3DS cracking, or the absurd pervasion of everything within those generations having shoulder buttons just stop responding. Heck, it is even a problem with the gba SP.

I was intentionally holding off on getting a Switch (on my own money) until this hardware stuff got fixed, and for No More Heroes 3 to be out. On the flip side, the wife gifted me a system for my birthday this year, just before the quarantine had people panic buying everywhere. I can only hope I don't run into this crap again.
 

RedBlueGreen

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Hmm, fair enough. I was one of the lucky ones, no drift at all, and once the Hori splitpad pro came out, I stopped using my joy cons altogether.
I've had 4 joycons drift. It's gotten to the point that I'm buying third party ones and only keeping the official ones around for game like Mario Party, or games where I want to use gyro (though sometimes third party ones work well enough with gyro, depends on the game). I'm talking $30/pair AliExpress ones. My current ones haven't let me down yet, and for games with good motion controls (Splatoon 2, Paladins, Zelda BOTW) they work well. Games like Warface (free FPS) and RE Revelations 2 with janky motion controls they're not as good, but even official ones are less than ideal on those games, same with 8Bitdo controllers and other good third party pro controllers, they only perform worse on games with already bad controls.
I mean, they're the only controller(s) that come with a new Switch, and they're permanently affixed to the Switch Lite, so I can definitely understand some of the frustration. At the same time, as others have already pointed out, any joystick on any controller can end up drifting over time. If I had to take a guess, the only reason joy cons are more prone to seeing it happen sooner is because of the no-lip/flat design below the sticks. It allows more dirt and hair and such to get underneath at a faster rate and cause issues. Even the lips below the Switch Pro controller joysticks are a lot more subtle and flat than the "sloped" design of the PS4 and XB1 controllers.
Most of my drifting joycons had it happen within a couple months. I have some third party AliExpress ones (the joycons with the flat sticks that look have controller grips), that I've had for almost a year and they've never had a single problem. It's the crappy sticks on the joycons and Switch Lite that are incredibly prone to drifting. My 8Bitdo snes themed pro controllers have never had any issues either, and I've had those for just shy of a year as well. I've only had two bad third party controllers, and they were both Switch controllers, and the issue was that the triggers had a little plastic peg that pushes the button, which broke on them. Also broke on my Xbox One contoller and I'm not particularly rough with my controllers. Every other third party controller I've used has been good.

Obviously you're not arguing that they're bad, just that all controllers can drift over time, I'm just pointing out I've only had issues with the official joycons because of their crappy analogue sticks. I have to clean them way too often (seems like weekly), or blow into them several times a day if I don't feel like cleaning them. Never had a controller that had persistent drift like that. And I did fill out the online forms to have them repaired, but I received an email that said there was an issue with it, and I couldn't be bothered to fill out the forms for every joycon I had at the time. There are a lot of the exact same stick in mobile controllers, so it seems Nintendo used a cheap already made stick instead of designing an original one.
 
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RedBlueGreen

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i know :creep:

no it's all true. nintendo failed miserably with thew switch. once the ps5 is out i'm done with it until mp4 is out. i'm tried of getting games for it only to have them run like garbage thanks to it's inferior HANDHELD hardware it can't even run games made 4 years ago!
That's not on Nintendo, that's on developers who can't be bothered to optimize their games. There are a lot of minor adjustments developers can make that would make games run significantly better. Hell, I'm pretty sure the things in The Witcher 3 like the game's dynamic rendering actually made performance worse. You get it at almost a consistent 30 with the patch from February once you adjust the graphics settings. And I think it actually looks better without all of the filtering and effects.

It's up to the developers to make sure their games run properly. It's not up to Nintendo to make sure that lazy developers don't have to put in work. All of Nintendo's stuff runs great, and there are a lot of great looking 3rd party titles that run well.

--------------------- MERGED ---------------------------

No one is forcing anyone to buy joy-cons. If you don't want to deal with drift, don't buy them it's that simple. There are many 3rd party Joy-con alternatives available.
Decent third party joycons really only became available over the last year and a bit. These ones from AliExpress work very well. No HD rumble or NFC, but other than that they're great. I've had them for about 10 months and they've never had any issues. They're not comfortable to use split though, but at $30-$35 USD a pair they cost less half what a pair of joycons cost. They're on Amazon for $45 as well.

The gyro works well on the games I've tried it on for the most part. They don't play well with RE Revelations 2 but that game has some janky motion controls with real joycons. Zelda BOTW and Splatoon 2 work with them just fine.

And some games do need official joycons. Mario Party has minigames that use 3D rumble. Some games use the IR camera too.
Hcb1ee0151c6b474ea78ff6bdef9093d2m.jpg


I think I've mentioned this before somewhere, but why can't they just add trim controls? There isn't a joystick in the world that won't eventually drift so the correct mitigation is to allow easy adjustment to correct this.
Yeas, but I've never owned any controller that's had a permanent drift, nor any that drift as quickly. And I've got controllers I've had for 10-15 years. That means that joycons are more prone than any other controller. What they need to do is use different analogue sticks.

Probably an unpopular opinion but here it comes.
I've had a switch since 2017 and haven't got any drift, but i had to change the joystick myself this morning because it broke the left stick pressing button from a fall.
It took me 15 minutes to change it and 7€ per joystick (bought x2 package in Amazon 14,xx€), paying 40$ for a repair is stupid, there's plenty guides which show how to change it yourself.
It's has been easier to change the joystick than changing right trigger on the original 3DS.
Don't know which extreme use are you giving to your consoles but having it since 2017 and 0 problems.

Maybe the problem is that people nowadays doesn't take good care of the things they buy.
The extremes where Nintendo chose to use low quality pre-existing parts.
 
Last edited by RedBlueGreen,

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