Nintendo has come under fire in the past few years due to the Switch’s drift issues found in its Joy-Con controllers. Gamers all over the world have faced nasty controller drift on the device after prolonged use. So much so that lawsuits have been filed against the company over its “negligence”. Sadly, these lawsuits are now being thrown out in court. According to a judge in the California Court, the case cannot proceed because Switch owners agreed to Nintendo’s End User License Agreement (EULA) that disallows lawsuits.
Even with that statement, there isn’t any way to get around Nintendo’s License Agreement. If Switch owners were to say that children were ruled out of the agreement due to being underage, Nintendo’s licensing states that the “parents” are covered by the EULA. This further prevents users from taking action against Nintendo over the Joy-Con drift.
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Thankfully, all is not lost. The court says that parents should now enter legal arbitration over the Joy-Con drift issues rather than filing a lawsuit against Nintendo. This might back Nintendo into a corner and force the company to take action over the widespread issues.
Nintendo has been rather sketchy in regard to the Joy-Con drift. While the Switch launched back in 2016 and suffered drift issues since day one, the company only issued its first apology for the problem last year. Nintendo president Shuntaro Furukawa said:
“Regarding the Joy-Con, we apologise for any trouble caused to our customers. We are continuing to aim to improve our products, but as the Joy-Con is the subject of a class-action lawsuit in the United States and this is still a pending issue, we would like to refrain from responding about any specific actions.”
Unfortunately, the company hasn’t provided an update on the issue since. The apology was met with even more class action lawsuits filed against them. Some of which are still ongoing.