The Joy-Con controversy continues. New information is out regarding the class-action lawsuit, filed back in 2019 over players having to deal with their Switch Joy-Con analogue sticks defectively drifting. Nintendo recently tried to have the case dismissed, but the presiding United States District Judge rejected the attempt. While the lawsuit won't be disregarded, it instead will be headed to arbitration, despite the wishes of the plaintiff, who believed that arbitration wouldn't allow affected users to get injunctive relief, likely meaning Nintendo wouldn't be required to fix Joy-Con drift. The case moving to arbitration requires both the plaintiff (Ryan Diaz) and Nintendo to come to an agreement together, with the help of an impartial third party.

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[FAST6191]

Yet the second a fan makes a non-profit fan game, they spent months on, of hard work; they want to purge it from the universe and fine them hundreds of thousands.

I love you Nintendo, but you're a confused bi-polar prick sometimes.

Have the fan games seen fines issued? That was mostly the ROM sites.
Likewise on the fan games they did take down that is fairly sound legal practice (you don't want to be having a bunch of fan games using your names and IP out in the world and routinely reported on by the main press for your industry if it comes to a legit trademark challenge a few years later), though I do wish they would do better (go look at something like the much maligned star trek fan films agreement, which most consumers of such products will tell you was written almost precisely to end it and some of the works in production at time of release, and tell me you would not have Nintendo adopt a similar policy in a heartbeat over their current one?)

As was mentioned earlier though in reply to the same quoted post lawyers do like to do lawyer games, and one of those is if they did not note their particular objection to something during the case that some things can get a lot harder for them on appeal (if not impossible). This is as it might count as a tacit agreement with the other party and the court that the issue in question was legit and the legal basis proper. I don't know if that would be what went here as I have not seen even a whiff of a transcript at this point but it is common enough.

 

[Dr.Hacknik]

Have the fan games seen fines issued?

I dunno, my memory on that is vague, But didn't Pokemon Uranium's creator get fined or am I dumb?

Although, I think we both can agree Nintendo should chill with fan-games.... as companies like SEGA are perfectly chill, and it even improves the reputation of their characters.

 

[Plasmaster09]

I dunno, my memory on that is vague, But didn't Pokemon Uranium's creator get fined or am I dumb?

Although, I think we both can agree Nintendo should chill with fan-games.... as companies like SEGA are perfectly chill, and it even improves the reputation of their characters.

In Nintendo's defense, there's only been two fan games they went real apeshit over.
Pokemon Uranium, which just got too big for them to let leech off the IP.
And AM2R, which would have completely wrecked any chance of Samus Returns (itself good for different reasons) doing well.
Aside from that, most of the time they only go after rom sites.
And in Sega's case, it's because they know damn well that Sonic Team is drunk and nuts and that the fans do a BETTER job sometimes.

 

[GbaNober]

they're busy making a ton of money while dismissing the flaw of their products.

 

[D34DL1N3R]

Damn. You must have really bad luck when it comes to 360 controllers. Mine have literally not broken and i've use them for quite a while.

I believe it's more that you've had really good luck. Was a pretty well known issue.

 

[dxxshore]

Lol people talking about vitas, I had to replace joysticks on my vita 3 times, that was when the majority of my gaming was on vita.

 

[Xabring]

I gonna be honest,I think the current design of the Switch's joycon joysticks is flawed on the durability side. I mean, I understand they wanted it as thin as possible to make the controllers small enough, but braah, graphite on steel action is gonna trash the first one way too quick. AND now I see they don't care at all to change that (or probably, because it cost too much to do a revision or something). the only solution I see viable is to outright use another type of stick and mod it to the thing.

Alas, I am not an engineer (of that kind), but if someone is looking for ideas for making cash, here's a freebie for ya.

 

[XDel]

Perfect timing, my left Joycon now drifts when not connected to the Switch. Ironically I recall EVERY XBOX classic controller drifting as well, and I've owned about 30 of them.

 

[The Frenchman]

Still own my original joy-cons... no trouble here.

stop playing with controllers like they are made of steel and wash your hobbit hands.

 

[Janschi]

So you broke your sticks and mad Nintendo wont replace your sticks because they are out of warranty. Classic dirt bag. They broke themselves I guess. You my friend are the dumb one...Not sorry.

Ofc I broke them, I threw the whole console down and everything shattered.
Like I said I barely even played, none of my other controllers no matter which console ever broke.
I guess you’re a troll. Thanks.

 

[Deleted User]

Ofc I broke them, I threw the whole console down and everything shattered.
Like I said I barely even played, none of my other controllers no matter which console ever broke.
I guess you’re a troll. Thanks.

Whatever floats your boat

 

[anhminh]

So what will happen if Nintendo lose? Where will the money go to or is these any money at all?

 

[Paulsar99]

Nintendo needs to learn.

 

[subcon959]

Maybe Nintendo needs to add trim control so we can correct drift like we used to do back in the early 90's on crappy PC joysticks.

 

[Bladexdsl]

this is what happens when a corrupt die hard Japanese businessman takes over as ceo instead of someone like iwata. all they care about is $ and cutting costs.

 

[DANTENDO]

this is what happens when a corrupt die hard Japanese businessman takes over as ceo instead of someone like iwata. all they care about is $ and cutting costs.

Yr so full of crap even if Florence nightingale was in charge of Nintendo you'd still moan lol

 

[PokeNev]

Still own my original joy-cons... no trouble here.

stop playing with controllers like they are made of steel and wash your hobbit hands.

People wash there hands, I think you’re in the minority and lucked out. But, MOST people have that problem and even people who do take care of there things properly have this problem too. But, you probably haven’t played as many hours as them.

 

[FAST6191]

So what will happen if Nintendo lose? Where will the money go to or is these any money at all?

In a typical class action the money ordered to be paid gets put into a holding account/escrow account upon them losing (what might go for any appeals varies a bit).

At that point those that might have either initiated the lawsuit or bought in later will tend to be notified, everybody else that might be affected* gets told to visit a website, call a number, send a letter to... and put in a claim. There might also be lawyers offering services to claim it back for you; anybody that visited the UK for years probably saw half a hundred adverts for someone offering to get back PPI for them**. Likewise advocacy groups might be able to help you with a claim.
There is generally said to be some duty of care to advertise things, though in practice this might well just mean advert in a dead tree paper and magazine that nobody reads any more and hope others pick it up. Various websites, usually tied to law firms, advocacy groups or similar interests, also take note of what they can
https://www.classaction.com/settlements/
https://www.consumer-action.org/lawsuits/

After a certain amount of time this pool will close (you might see adverts saying time is running out) and no more claims can be made.

*for tech stuff it can come down to having serials within this range, even if others are affected by the same issue. Don't know what goes with this one, and arbitration may narrow it further still if the case can not demonstrate for a given range and they did tweak something -- the HP-Nvidia laptops one a few years being a fun example as pretty much anybody fixing laptops in that timeframe will tell you Nvidia chips in ones (not just the ones in question) of that vintage are going to die. Depending upon what you have it might only be a very small sum (again those that initiated and later bought in tending to get more) but up to you.

**payment protection insurance. If you were one of the people in the world that takes out loans then the banks cooked up a scheme to get people to buy insurance in case they could not make a repayment one month. Ultimately this was deemed wrong and ordered to be repaid.

I should probably also note there are often very few initial checks on claimants, however if you claim falsely, intentionally or through ignorance, then expect serious serious repercussions on that one (obviously intentionally defrauding is worse than ignorance but the latter is not going to see you getting to keep things, which if you have already spent it...). To that end read any instructions that come with it.

 

[KingVamp]

I still have retro controllers that still work, without any problems. There simply shouldn't be this many Joy-Con drifting, especially this early on.

 

[Sundree]

I'm going to be honest, I'm pretty sure I've experienced "Circle-pad drift" more often on my 3ds and 2ds (old models), than on my Switch joycons.