EUA: Juiz indefere processo de desvio do Switch Joy-Con diz que os usuários concordaram com o Contrato de licença do usuário final da Nintendo

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An American judge has thrown a legal case out of court regarding the infamous Joy-Con drift as the judge stated that the complainants themselves have already agreed to Nintendo’s end user license agreement, which you accept when you set up your Nintendo Switch system, which states that the company “disallows lawsuits.” The infamous Joy-Con drift, which has surround the Nintendo Switch system since launch in 2017, has been a known issue for a long while. Nintendo of America’s president Doug Bowser admitted back in 2022 that it is a real issue and Nintendo of America allows Switch owners to send their faulty Joy-Cons in for repair free of charge. UK consumer watchdog Which? recently published a report which concluded that Joy-Con drift is certainly a fault and that Nintendo need to act urgently to fix the issue.
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My Joy cons broke recently after having them for 6 years, my right joy con got so messed up, it now sends out tiny shock waves, almost paralysing my hand and arm. I now have brand new joy cons, and the old ones are locked up, never to be used again.
If you want to solve drift from the Joy Cons easily (and other controllers that DO drift besides the Joy Cons and the Pro Controller), follow SEGA’s example with the Dreamcast controller and use hall effect sensors for them. Gulikit does sell individual modules for the Joy Cons with hall effect sensors and magnets, and they tend to be better than the carbon film and potentiometer modules.
How is saying you “disallow lawsuits” protected by the court system? Crazy to think I grew up when Nintendium was a thing and now they’re selling one of the most defective items on the market. Setting up local multiplayer is a nightmare because chances are high one of the controllers will be drifting for one of my friends, and we don’t really have the time to wait for the rubbing alcohol trick to work.
It’s humiliated that all of this is happening. I really can’t think enough to see that it’s going to happen again in there next machine.
It’s outrageous that Nintendo can “disallow lawsuits” by burying it within the text of a user agreement. Goodness knows what rights we’re signing away by agreeing to about 100 of these a year without reading (because who reasonably has the time).
I was under the impression that those sorts of agreements aren’t legally binding and can only be used in this way if it can be proven that the user actually read them. But clearly whatever the corpos say goes in the US legal system.
You are misinformed, they are legally binding. It just comes down to the content of the agreement, how it is worded and what kinds of things it tries to bind you into. The instances where user agreements were ruled upon were typically due to other reasons other than the fact it was a user agreement, such as trying to overrule “laws of the land”, which are typically are of a higher jurisdiction than the user agreement making it null.
In this case, we can call this a bad ruling, since this is a hardware issue, to which the user agreement would have to be available on the box prior to purchase. A shrink-wrap agreement (one which can only be viewed after purchase and therefore cannot be agreed to until after such a time) is highly debated in the legal world as to how valid they remain on such issues. So while I may see it as a bad ruling, many other legal professionals do not.
What is not contested though, is that they are not legally binding. Only badly written ones, and outliers fail on merit.
WOOOOW, That is so screwed up
Disallowed lawsuits. Are you serious? It’s crazy that they really didn’t look deeper enough too see why this is happening in the first place. Playing with my friends in Super Smash Bros. Ultimate while the drifting is occurring is really humiliating. We all know Nintendo won’t solve this issue and I believe this is going to happen again in there next machine if it continues.
I’m in the US. I better get my joycons in for their free repairs before Nintendo drops the program. D:
Whoa, is america like that? Where i’m from a country where the customer protection laws are very strong so this is very surprising. I know that because there was a case here of a League of Legends player that got banned for toxicity and won the case forcing Riot to give him back everything he had on a new profile so even with ToS they can’t just do whatever they want.
Also i know some people defend because of the free joy con repair but i don’t believe is available worldwide.
So if I hypothetically bought a new Switch (without ever having used or owned one before), took the Joy-Con off, used them exclusively on someone else’s Switch, then they experience drift, I could have a valid case against Nintendo because I never personally agreed to their end user agreement? Or do I technically agree to it anyway just by using their devices?
Don’t buy Nintendo. If you want the games, play them on different hardware.
Woke judges, corruption everywhere. Keep voting demoncrat.
Liberalism is a mental disorder.
Literally how in the honest-to-god hell do you get “liberalism” and “woke judges” out of this.
This was not caused by “the dumbocrats”.
This was allowed to happen because wealthy corporations (NO MATTER THEIR POLITICAL ALIGNMENT) can freely pay off the justice system underneath the table to get away with predatory anti-consumer business practices, if they have enough money.
An American judge does not have to be “woke” to be corrupt.
Judge clearly is not woke at all. Corruption comes from Repukeicans. I’ll always vote Democrat to protect my country from Repugnicans. Conservatism is a mental illness.
Its communism pure and simple. The corporation is protected from you the filthy consumer. Communism = woke. Woke = demoncrat.
Let this be the redpill that wakes you up. Its only going to get worse if u keep letting it.
We need law and order.
Join the majority. Look to Twitter and see. We are everywhere and we are taking back the world from the woke. From the corrupt.
The problem is all of the Big 3 have this problem. it’s intentional because they’re cheap and greedy.
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