In a major victory for the Japanese video game giant, Nintendo has won the class action lawsuit brought against them over the “Switch Joy-Con Drift” issue. After months of legal proceedings and debate, a court has ruled in favor of the company, bringing an end to the controversy that has surrounded the popular video game console. However, does that mean that Nintendo isn’t at fault?
Last March, two families sued Nintendo over the Joy-Con Drift issue, and while this is a legitimate concern that gamers all over the world have about the Nintendo Switch, it wasn’t the focus of this particular lawsuit. What happened was that some concerned parents decided to file a class action lawsuit against the company. Even though they had some issues getting their lawsuit filed off the ground, things did move forward in the end.
However, Nintendo stated that the lawsuit could not go forward because of the EULA (End User License Agreement) for the Switch, which requires parties to get into legal arbitration rather than file a lawsuit for any complaints about the product. While the parents thought their children were exempted from the EULA because of their age, Nintendo succeeded when the legal owners of the systems were established to be the parents.
It’s not the first time Nintendo has dealt with a crisis like this and come out on top, as the company is extremely careful in drafting its policies. In September 2019, Nintendo started legal action against the website known as RomUniverse, which serves as a game download hub. Many well-known Nintendo games were allegedly pirated in large quantities over the site. Furthermore, it made money by charging for “premium” accounts that removed restrictions on users’ ability to download games.
Matthew Storman, the site’s owner, defended himself in court by claiming the site did not violate any laws and claiming he had never posted any illegal material. However, Storman was fined $2.1 million by US District Court Judge Consuelo Marshall for allegedly causing Nintendo to lose revenue due to the site’s removal.
Nintendo’s problems with Joy-Con drifts are far from over, as the company still has two more cases to deal with. Despite this victory, Nintendo still needs to address the Joy-Con Drift problems, which have become one of the company’s largest sources of criticism in recent years.
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