Just so ya’ll know, EULAs are routinely thrown out of court.
They straight up don’t matter, and anything that is extremely long and asks you to ‘agree’ to it is subject to the same scrutiny.
Nintendo is Trying to Stop You From Filing Lawsuits Against Them With New EULA Amendment
Submitted 2 days ago by inclementimmigrant@lemmy.world to games@lemmy.world
Comments
gradual@lemmings.world 2 days ago
j0ester@lemmy.world 16 hours ago
US will say, “give us money Nintendo. We got your back.”
echodot@feddit.uk 1 day ago
The EU has said that EULAs have zero basics in law and we can ignore them.
Etterra@discuss.online 2 days ago
They’re basically there to reduce lawsuits, not prevent them.
Nikls94@lemmy.world 2 days ago
I am very happy to be living in Austria. We have this law right here www.ris.bka.gv.at/NormDokument.wxe?Abfrage=Bundes… (And yes, our laws are available for free and up-to-date for everyone)
Section 6(1)(14) of the Austrian Consumer Protection Act states that any contractual provision requiring a consumer to waive their right to assert claims is invalid.
MoonlightFox@lemmy.world 2 days ago
Wow, is this not the case everywhere? People can’t know the laws of their own country without paying? 😵💫
notgivingmynametoamachine@lemmy.world 2 days ago
This shit never holds up in court - you can’t just sign rights away by clicking “accept” on a EULA. This is a scare tactic designed to stop people before they ever try because “well it says i can’t do that in the eula.”
If Nintendo give you a reason to sue them, sue the ever loving shit out of those greedy corporate fucks.
inclementimmigrant@lemmy.world 2 days ago
…proskauer.com/…/court-enforces-arbitration-claus…
expertinstitute.com/…/arbitration-clauses-user-ag…
centerjd.org/…/fact-sheet-cases-tossed-out-court-…
kennedyslaw.com/…/no-click-bait-here-click-wrap-m…
Never say never and never give these assholes corporations an inch they will screw you every chance they can and it will cost the consumer money and time in the end with these shenanigans.
notgivingmynametoamachine@lemmy.world 2 days ago
Fair.
I may have been thinking about articles I’ve read about the EU and how they don’t tolerate this particular brand of corpo overreach, my apologies and thank you for the correction.
God I wish I lived in a sane country.
Taleya@aussie.zone 2 days ago
Jokes on them, no one reads that shit!
Kyrgizion@lemmy.world 2 days ago
Don’t worry Nintendo, even as someone who grew up on SMB, you’ve thoroughly convinced me to never do business with you ever again. Not even nostalgia…
gradual@lemmings.world 2 days ago
Check out Jak & Daxter.
TAG@lemmy.world 2 days ago
What sort of half assed reporting came up with this story? This is not a new policy. If I remember right, Nintendo added a forced arbitration clause to their EULA about 10 years ago (I would try to find an exact date, but Google is flooded with articles parroting this story).
It came up with regards to Joy-Con drift in 2017: law.justia.com/cases/federal/…/21/
Should companies be allowed to force arbitration as a shield against all law suits? Hell fucking no, but their lawyers say they can, so any company with a EULA written by a half decent lawyer includes the wording.
At this point, the only reason anyone would complain that a company includes the clause is rage bait.
Adalast@lemmy.world 1 day ago
I was so happy to go through the Steam EULA and find that it explicitly states that all disputes will be heard in the court local to the customers.
catloaf@lemm.ee 1 day ago
That was a recent change, and it’s still anti-consumer. It’s an attempt to block class action suits.
BrazenSigilos@ttrpg.network 1 day ago
Yeah, if I recall the change was because so many people took them to arbitration at the same time that the cost wasn’t worth it, so they changed the policy to ‘local court’ to avoid the situation repeating while also sidestepping any large class action attempts.
sugar_in_your_tea@sh.itjust.works 1 day ago
There’s a good chance that clause won’t hold up in court, but proving that would require a lot of time and money.
TAG@lemmy.world 1 day ago
Exactly why they put it. You would first need to win a trial to get the clause voided and then win another trial to get actual damages or you can go to arbitration and get a modest settlement. Most people will take the latter.
DevotedShitStain69@lemmy.world 1 day ago
Just how an NDA won’t protect a(n) person/entity from legal repercussions when committing crimes from being “leaked” doesn’t mean it’ll hold in court, just how these highly illegal and predatory EULAs shouldn’t either. There’s a reason why this bullshit only happens in America, this EULA elsewhere wouldn’t work unless it’s modified to not contain this blatant shit of a thing. It’s a shame we’re the few dumb enough to allow our own downfall while parading our aggressors. 🫠🫠🫠
radiohead37@lemmynsfw.com 2 days ago
Forced arbitration is unconstitutional. Roberts should be ashamed of himself.
mp3@lemmy.ca 2 days ago
Good thing that such clauses are null and void in Québec, Canada.
_haha_oh_wow_@sh.itjust.works 2 days ago
Wow Nintendo is really quadrupling down on being absolutely shitty! Love that I have a Steam Deck instead of a Switch because I’m never buying from these assholes again.
gradual@lemmings.world 2 days ago
Don’t forget, you can and should still pirate their games.
Torzu is the logical successor to Yuzu. There will undoubtedly be a Switch 2 emulator.
Do not give this corporations your money. They will always use it against us.
jordanlund@lemmy.world 2 days ago
MITM0@lemmy.world 1 day ago
The real question is how do we slowly bankrupt nintendo ?
echodot@feddit.uk 1 day ago
By doing nothing. They are awful at reading the room, they’ll kill themselves.
MITM0@lemmy.world 1 day ago
I was hoping to accelerate that by making alternatives to their games as well
haui_lemmy@lemmy.giftedmc.com 1 day ago
Better yet: how do we fastly bankrupt nintendo?
Goretantath@lemm.ee 2 days ago
Welp, fuck playing online anymore, just buying a switch 2 to hack it…
_haha_oh_wow_@sh.itjust.works 2 days ago
Don’t give these assholes any more money.
LandedGentry@lemmy.zip 2 days ago
Why? Emulators baybeeee free.99
thermal_shock@lemmy.world 2 days ago
Do all emulators support online play though?
Darkcoffee@sh.itjust.works 2 days ago
Anyone still buying Nintendo products at this point isn’t paying attention.
yggstyle@lemmy.world 2 days ago
I see Nintendo emulation / mod chipping / console hacking I support it. Toxic company deserves a return in kind for its abuse of its fanbase.
warmaster@lemmy.world 2 days ago
At this point, I guess they are either ignorant, unethical, or they are just lying to themselves because they can’t resist the temptation to play their games.
yggstyle@lemmy.world 2 days ago
Look I don’t fault developers for kissing the ring. I know and have spoken with multiple devs at different Nintendo affiliated companies and they don’t enjoy it either but it lets them make the games they love for the people that they want to entertain.
I can’t say I support hating a full group of people because that’s not great either. “… except for the Amish but it’ll never get back to them” - John Pinette
LandedGentry@lemmy.zip 2 days ago
You can’t negotiate with junkies. You need to get them into treatment
CosmoNova@lemmy.world 2 days ago
I‘ll still buy their controller because you can‘t sue Chinese companies either so what‘s the difference? However I‘ll use it for PC gaming. No way I‘m going back to their ecosystem. Those days are gone.
gradual@lemmings.world 2 days ago
Anyone still buying anything they can get for free at this point isn’t paying attention.