So what is stopping anyone from starting a class action lawsuit against Nintendo? I am not asking this in a rhetorical way. Is there something that would make us lose against Nintendo? Do they really have a right to drop an advertised feature?
I bought my Wii U in October 2016. Kinda crappy that a year later they discontinue some services.
a) you often have to have to pay to be involved in one
b) while you can file such a thing complaints tend more to get rolled up into one, if you are going to file one you need some number of complainants as well (might depend what district, court and more). OtherOS I can see you getting a long list of upset people about, miiverse I can not.
Anyway step one is check to see if the terms of service preclude such actions (most of the big companies have such things now). Nintendo's website terms of service
http://www.nintendo.com/terms-of-use has such a thing.
EU Stuff might not
http://ms.nintendo-europe.com/terms/wiiu/Wii-U-Network-EULA-UK_EN-2015-05.html
Finding the network agreement on
http://www.nintendo.com/consumer/info/en_na/docs.jsp which
https://miiverse.nintendo.net/guide/terms says governs use also has a waiver.
Now I am not sure how well such things hold up in court (a quick scan says pretty well
https://www.irmi.com/articles/exper...ass-action-waivers-in-arbitration-agreements/ ) but given the rapid addition of them to most such terms a while back I guess it is worth having on them if you are a company.
Ignoring that then the rest of the agreement would come into play. 13b as part of the agreement says
"Changes to Network Services; Delivery of Network Services. We may modify, cancel, or suspend the availability of the Network Services in whole or in part at any time without notice to you." Other parts mention a lack of obligation to store data if you would rather go that route.
How well any of those tend to hold up in court I am less sure about -- sections of agreements get tossed out all the time when they overreach, and normally without penalty so it is in the interests of the people making the policies to overreach a bit.