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

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An American judge based on California, where the lawsuit was taking place, has dismissed the lawsuit against Nintendo about their infamous Joycon drift that has plagued Nintendo Switch users since the console's release back in 2017.

The lawsuit, which has been going on since 2020, was made by the patents with the statement that the minor's Switch console had the infamous drift, causing by the faulty Joycons making the console unusable, summed up with the lack of response or action from Nintendo regarding the Joycon drift, which many users have encountered even after getting their console serviced through warranty, with many users even getting the drift just a few moments from receiving the console back from service.

In November, 2022, the case came to a close, with the summed up conclusion of the case being that the minors at hand are not the ones who directly purchased the console, and therefore are not the ones who suffered directly by the issue, and secondly, that the minors do not have any kind of pursue claims standing, since they are the ones who agreed to the EULA.

The following is the exact excerpt from the lawsuit's conclusion section:
CONCLUSION:
Minors failed to affirmatively demonstrate that the amended complaint corrects
deficiencies identified in the September 2022 order, namely, that minors have sufficiently alleged
the “constitutional minimum of standing.” This order, therefore, finds the amendment futile and
subject to dismissal. Accordingly, minors’ motion for leave to file second amended complaint is
DENIED. Judgment will be entered accordingly.
:arrow: Source
 

zoogie

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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.
 

ShadowOne333

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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.

The sue has been going on since 2020, but regardless of that (they didn't start offering free fixed until after the lawsuit, mind you), the issue is still present to this day, and Nintendo hasn't done a thing to effectively eliminate the issue, they simply replace the Joycon's stick mechanism with another one. There's not a change in revisions at all regarding the mechanism, so yes, it is still viable for legal action. I don't think any actual coherent customer would like to have their console sent to Nintendo and wait weeks if not months each and every time their Joycons get a drift.

And yes, sending the console is a must for people with a Switch Lite, since those also get the drift.
Also, we have to take into consideration that such out-of-warranty repairs are not available in a lot of countries too.
 

PewnyPL

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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.
Not everywhere. There is no free repair options in some countries.
 

samcambolt270

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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?
Nintendo didn't even start fixing drifting joycons until after the suit started. They also still to this day refuse to actually achknowledge the drift or prevent it from happening in any way, meaning people like me with only 1 set have to repeatedly send them in and be controllerless for weeks at a time every time it happens.
 

yoyoyo69

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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.
So in you opinion, all items should be shipped faulty by design?

I guess it's ok, so long as the manufacturer agrees to partially repair, after legal action is taken - and only for those who bother with the hassle.
 

CoolMe

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Yea, they didn't offer fixing/replacing thumbsticks with drift issues until now (or so they say)..
 

Memfis

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Write in the EULA: If your new device is broken after two minutes of usage, you don't can give it back or exchange it.
Jugde: That's OK.

I think we should sell judge-gavel, but with sawed stalk. If it breaks by first using you can refer to your EULA :D

For thinks like this, I love the german "Gewährleistung"
 
Last edited by Memfis,

moneychild

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What happens if an adult over 18 accepts the terms of the EULA and experiences drift?????
Why is this judge just focusing on minors?????
(note: I may be missing facts since I have not read the case!)
 

JuanMena

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Holy shit haha.

In November, 2022, the case came to a close, with the summed up conclusion of the case being that the minors at hand are not the ones who directly purchased the console, and therefore are not the ones who suffered directly by the issue, and secondly, that the minors do not have any kind of pursue claims standing, since they are the ones who agreed to the EULA.
 

gaga941021

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An American judge based on California, where the lawsuit was taking place, has dismissed the lawsuit against Nintendo about their infamous Joycon drift that has plagued Nintendo Switch users since the console's release back in 2017.

The lawsuit, which has been going on since 2020, was made by the patents with the statement that the minor's Switch console had the infamous drift, causing by the faulty Joycons making the console unusable, summed up with the lack of response or action from Nintendo regarding the Joycon drift, which many users have encountered even after getting their console serviced through warranty, with many users even getting the drift just a few moments from receiving the console back from service.

In November, 2022, the case came to a close, with the summed up conclusion of the case being that the minors at hand are not the ones who directly purchased the console, and therefore are not the ones who suffered directly by the issue, and secondly, that the minors do not have any kind of pursue claims standing, since they are the ones who agreed to the EULA.

The following is the exact excerpt from the lawsuit's conclusion section:
:arrow: Source
Good. Read the EULA.
 

Bladexdsl

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judge is 100% corrupt and bought for sure. pathetic nintendo they've made the worst controller in history and gets away with it absolutely PATHETIC! worse than microsoft, apple, ea, ubi and betheada all together! and the idiot fanboys will still willingly hand over their money to them mindless fools all of them :rolleyes:
 
Last edited by Bladexdsl,

Hanafuda

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Holy shit haha.

Yeah it's pretty much not really even a decision but a forfeit by the plaintiffs, for fucking up their own lawsuit at every step.
Post automatically merged:

judge is 100% corrupt and bought for sure.:rolleyes:

Nope. Did you take the link and read the PDF of the case opinion? And if you did, did you understand it? Because the case was dismissed because the plaintiffs (the people who were suing Nintendo) made repeated significant legal errors in how they filed the suit in the first place, and how they tried to amend when they were given a chance to fix it.
 

Sonic Angel Knight

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What happens if an adult over 18 accepts the terms of the EULA and experiences drift?????
Why is this judge just focusing on minors?????
(note: I may be missing facts since I have not read the case!)
I guess they either assumed that majority of the consoles or controls are bought for children as gifts, or maybe that was mostly the focus of the case? Not sure. The way @ShadowOne333 explained it seem more like the case was possibly petitioned by a bunch of angry parents who bought the consoles for their child as gift or whatever. Then got the "Joycon Drift" problem and then that's how they took it to court.

If that's true, (not saying it is, just was trying to get some clarity) the court is saying that because it was purchases "indirectly" (From someone else) that the end user (whoever it was intended for assuming it's kids in this case with the over use of the word minor) don't have any way of accepting a EULA (which probably extends to the time of purchase and first time setup that requires accepting it. If it was a parent, it was done by them not the child) before thier kid managed to actually play it.

It seems oddly specifically focused on minors and EULA. The whole point was the controller has a faulty issue that can continuously happen over time of prolong use even after repeated service unless they redesign the thing. The ELUA is placed on the switch console itself, and is mostly for operations of the software (games or online communications) not controllers used to operate them. Unless they plan to allow unlimited joycon repair for free in all places that got those issues. This case just went no where I believe. Even Xbox tried to take care of the xbox 360 "Red ring of death" problem when it happened. :ninja:
 

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