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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.

    :arrow: Source
     
  2. Discussion (108 replies)

  3. ShadowOne333

    ShadowOne333 GBAtemp Guru
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    Oh wow. Nintendo just keeps getting more douche by the day.
    Why even have guarantees then?
    Fucking assholes, I hope this lawsuit pushes through, no matter how long it takes.
     
    Last edited by ShadowOne333, May 23, 2020
  4. 2Hack

    2Hack HYPiavelli
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    At least they have the shittiest security allowing for hacks on hacks to happen. Every other console is more or less airtight
     
    James_, Karones, Ra1d and 13 others like this.
  5. pedro702

    pedro702 GBAtemp Guru
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    this will take years now, we will move onto switch sucessor before anything comes of this lol.
     
    StrayGuitarist likes this.
  6. x65943

    x65943 Dr. Rabbi Prince X, Sr., Ed. D.
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    I mean, the drift if super annoying. But they now offer to fix drift free of charge right?
     
    James_, Mr. Looigi, cyb0rg and 2 others like this.
  7. FAST6191

    FAST6191 Techromancer
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    It is a pretty common clause in tech company agreements these days (along with not joining class actions), though I would agree it is a dick move and takes away a very useful tool in the arsenal of consumers.

    Do a search for arbitration in
    Steam
    https://store.steampowered.com/subscriber_agreement/#11
    Sony
    https://www.playstation.com/en-us/network/legal/terms-of-service/ (second paragraph, still in bold)
    Microsoft
    https://www.microsoft.com/en-us/legal/arbitration/xbox-live.aspx
    https://www.microsoft.com/en-us/legal/arbitration
    Ubisoft
    Not sure where it is right now in their terms of use but they do provide an arbitration page
    https://legal.ubi.com/NoticeOfDispute/en-US
    https://legal.ubi.com/termsofuse/en-US
    https://legal.ubi.com/en-US
    EA (second paragraph to begin with)
    https://tos.ea.com/legalapp/WEBTERMS/US/en/PC/
    Epic (point 2)
    https://www.epicgames.com/site/en-US/tos
    also point 3 in
    https://www.epicgames.com/fortnite/en-US/eula
    2k games
    http://simpleeulas.weebly.com/2k-games-eula.html

    I could go on for a while like this.
     
    James_, Karones, Mr. Looigi and 13 others like this.
  8. ShadowOne333

    ShadowOne333 GBAtemp Guru
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    Still though, their dubious practices have to be put into place, and no better place to do it than in their pockets.

    I still hope the lawsuit falls in favour the lawfirm, beause let's be honest, Nintendo is really abusing their power here.
     
    James_, codezer0, Kazuto_Zed and 4 others like this.
  9. Bladexdsl

    Bladexdsl ZOMG my posts...it's over 9000!!!
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    nintendo gets away with it yet a fucking again
     
    Last edited by Bladexdsl, May 23, 2020
  10. ShadowOne333

    ShadowOne333 GBAtemp Guru
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    They don't fix it.
    I sent two joycons for repairs.
    All they do is replace the joysticks, nothing else.

    And the joysticks aren't revised versions, so they WILL get drift too.
    Mine's got the drift after being back from repair a mere week after.

    It's obvious they are just doing this shit to bypass lawsuits.
     
  11. SG854

    SG854 If It Bleeds, We Can Kill It
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    This is stupid. I'm suffering from joy con drift right now. We need to be compensated.
     
  12. Xzi

    Xzi GBAtemp's Resident Plok Expert
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    Yeah, wasn't that the primary complaint in this suit anyway? That they weren't offering free repairs? But now they are so...
     
    x65943 likes this.
  13. JuanMena

    JuanMena WARNING: I make bad jokes all the time.
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    Nintendo... now I don't feel so sad about your FUCKING MASSIVE LEAKS
     
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  14. ShadowOne333

    ShadowOne333 GBAtemp Guru
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    They started offering free repairs for it AFTER the lawsuit was processed and being headlines.
    It's the way of Nintendo to bypass being sued.

    Also, read my post above. They aren't fixing them, just replacing the sticks.
     
    RedBlueGreen and StrayGuitarist like this.
  15. Xzi

    Xzi GBAtemp's Resident Plok Expert
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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.
     
    Last edited by Xzi, May 23, 2020
    ShadowOne333 likes this.
  16. Tigran

    Tigran GBAtemp Advanced Maniac
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    Considering all joysticks that fit in a normal joycon will eventually drift, and this comes from other sellers.. It looks like it's a problem with the literal joysticks. Probably NOT something that can be taken care of with their size.
     
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  17. Teletron1

    Teletron1 Space Tech Engineer
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    this is utter bs selling faulty electronics is downright criminal my new joy-cons didn't even last 3 months before drifting and the repair process is even worse you don't get your joy-cons back you get a different set and not even the same color :wacko:
     
  18. Extrasklep

    Extrasklep gbaTemp Fan
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    Well they had to hear the word "lawsuit" before they started doing it
     
  19. LiveLatios

    LiveLatios Profesionnal Scalie
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    ps vita
     
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  20. Manurocker95

    Manurocker95 Game Developer & Pokémon Master
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    In Spain you need to pay 40 bucks per joycon out of warranty so... no
     
    StrayGuitarist likes this.
  21. raaamesh

    raaamesh Member
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    havent come across drift yet (knock on wood) mayb cause i use a pad with the thing docked. how much use for drift to happen
     
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