Switch owner Michael Skiathitis has filed a class action lawsuit in the U.S. district court of central California against peripheral manufacturer Nyko after one of the company's docks bricked his console.
Nyko's docks proved popular upon release as they were smaller and cheaper than the real thing, but after the Switch 5.0 update, it was discovered that third-party docks like Nyko's were "bricking" consoles.
Skiathitis found that his Nyko dock - purchased at a Walmart in Jacksonville, Florida - bricked his console shortly after purchase. He sent the console to Nintendo for repair in April and duly informed Nyko about the issue. Because save data is tied to the console on a hardware level, he'll most likely have lost all of his progress.
Skiathitis' suit claims:
...unbeknownst to consumers, the Nyko Portable Docking Kits for Nintendo Switch are prone to causing numerous problems to the devices that they are intended to support.
Skiathitis also says that Nyko didn't do enough to warn customers of any potential problems. Nintendo, for its part, has issued a statement telling Switch owners to only use officially licensed or first-party accessories - including docks - with their Switch.
[source kotaku.com]
Comments 54
He bought a third party product so there's always a small chance that things will go wrong. It's not like Nyko did it deliberately.
It's a shame that his Switch died though.
RIP
I've only seen paid reviews of the Ojo projector dock... Anyone here actually got one?
Except it’s Nintendo’s fault for not following USB-C standards.
@cfgk24 this. I like the idea but need to see a normal folk tell me it’s works!
@zip I'm getting pretty annoyed at the number of manufacturers who aren't, lots of phone chargers and cables that don't follow spec either.
That pun tho
Have never trusted third party.....simple as that really
@cfgk24 We've been "promised" one for review multiple times, only then to be asked to attend a "review event" in order to cover it. We're still waiting, basically - be sceptical of any review out there right now.
@Kimyonaakuma are you suggesting a third party company shouldn't be held accountable?
I don't see this holding up at all. The bricking only happened after Nintendo put out an update, and it's hardware that Nintendo hadn't OK'd to be used with the Switch in the first place so it's on the consumer. Nyko didn't sell the dock knowing this would happen. If anyone is to blame here it's Nintendo for not following USB-C standards as @zip said.
This is why I only stick to the official dock. It might be expensive, but at least it doesn't mess your Switch up when you slot it in.
@zip I don't get how it's Nintendo's fault. They can make their products however they want. If it was actually an issue - wouldn't we see a lot more people complaining about their Switch's suddenly bricking? It's 100% Nyko's fault - in this case at least and Nintendo aren't to be held accountable for someone else trying to profit off their product.
@Damo LOL, all their marketing is very fake news. The new fake review on amazon UK is pretty incredible as I don't think you can actually recieve it yet and there is a"verified purchase" 5 star review!
Also, all their marketing photos are photoshopped and carefully staged. I wouldn't be Surprised if the odd demo unit actually had a higher lumens output instants for marketing purposes.
If it was a serious genuine Product, digital foundry and yourselves would have had review units immediately.
They also Spun the lumens issue, first saying 200 ANSI lumens was better than 2000 normal lumens. They now state they have 1200 ANSI lumens which is better than normal 200 lumens... So many lies, much fog and marketing misinformation.
I wouldn't touch it with a barge pole let alone risk docking my Switch after update 5.0. Just wait until update 6.0!
@Stocksy I can't find a single normal person that has one
Jack "teams all over the world" Gilbert lol
http://www.wccbcharlotte.com/2017/11/16/hands-ojo-portable-projector-nintendo-switch/
@ThatNyteDaez And I don't get how it's NOT Nintendo's fault. If you use a universal connector system then you have to make it follow the standards. If you want to do your own thing and don't care about industry standards, then you might as well use proprietary connector systems, like Nintendo did with everything else before the Switch.
@cfgk24 @Damo a few over excitable WWE wrestlers in a pitch black room is not enough of a test for the money - ha.
I have seriously doubts on it.
But the idea is amazing and would be great for me
@cfgk24 Have yet to hear anything from anyone besides Xavier Woods that actually has one. The video from the newscast is the first real video I have seen of the Ojo in action.
I reached out to them about getting one for review on my YouTube channel about two months ago. Someone replied said he will forward this to their PR team and they will be in touch if they want to send me one. Haven't heard back since.
@ThatNyteDaez @zip it’s surly basic - don’t use a universal item and make it not universal - it’s a shambles from Nintendo this one
Only officially licensed goodies for this fanboy!
I wish him luck. Nyko will simply state that their products weren't "Nintendo approved," so it's just part of the risk you take. But at the same time, you just can't have devices that flat out ruin the very product you're profiting from. I can see why it's a court case now.
Can't quite see how this is Nyko's fault when it seems linked to Nintendo's own software update and implementation of USB-C, not to mention it's not licensed so is use at your own risk.
It's a shame that he'll lose all of his data due to Nintendo somehow still not being aware that cloud saving has existed a very long time.
I must ask what's wrong with the dock that comes with it, it's not exactly massive
You COULD say it, but you'd sound silly.
@DonSerrot there were reports last year about the Nyko dock bricking switches. Long before 5.0 update.
LOL. But here's the thing: IT'S YOUR FAULT IF YOUR SWITCH IS BRICKED. YOU BAUGHT THE THIRD PARTY ACCESSORY FULLY AWARE THAT IT WASN'T CERTIFIED BY NINTENDO. Good luck in court. Nyko is not responsible for your stupid actions. It's fairly easy to know if a product is licensed by nintendo.
Ouchies...
I wanted to get a 3rd party dock for the convenience of it being more portable, but stuff like this has made me rethink that.
That actually reminded mii of something...would power banks brick a system?, I got them saved for a special time, but now I remember the switch can brick with stuff...
@Robotron2084
Horatio Caine ?
There you go.
@zip It's not Nintendo's fault because during the Switches development, USB C standards were not released. USB IF basically released the port to consumers with no standards, and it was the wild west for a long time. Heck, my HP laptop has software DRM that won't let you use any USB C charger or dock except HP ones... And even then only specific HP cables with the software lock check built in work.
It was only a matter of time until this happened, after all the videos I have seen of YouTube talking about the issue it seems like it is not necessarily widespread but it does happen. From what I have read the dock tends to fry the chip that tells the switch to charge and the only way it can be fixed is by replacing it which is risky to do on your own. There is a company claiming they can fix your Switch for about a 100 bucks which is alot but it is still cheaper than buying an all new Switch and you can keep your save data.
@AcridSkull They might not be, there isn't really enough information for me to fully decide who's at fault.
@zip Except that just because something's a standard doesn't mean that it's a required standard to be abided by--else it wouldn't have gotten FCC approval in the first place. Not to mention, "USB, short for Universal Serial Bus, is an industry standard that was developed to define cables, connectors and protocols for connection, communication, and power supply between personal computers and their peripheral devices." I don't think that a game console could be construed as a personal computer (no matter how one performs any kind of mental acrobats to reach that conclusion) nor a peripheral device for a personal computer.
@jmh363905 Not to bash you (Or Nintendo for that matter), but what is the actual point of a standard if it's "More of a guideline"?
Although i agree with the "If Nintendo are dead-set on doing proprietary things with the dock, make your own proprietary standard"-argument, this whole affair is a matter of all three parties (Nintendo, Nyko and the end user) doing their share in this mess...
I remembered buying a 1st party dock set last year for $76.31 (best buy open box) for the living room. Thought about being cheaper and getting a 3rd party dock but I had too many experience with faulty non 1st party chargers (Iphone, Samsung, laptop) and not as relevant GC controllers, I didn’t want to risk the dock/charger breaking on me. Ironically this is the opposite of what I expected.
Sorry for everyone’s system for getting bricked but lesson for the future, sometimes it pays not to be cheap and just spend the extra $ for the official product. Something it can save money in the long run.
The Nyko dock is bricking consoles becayse ut tries to force Switches to do things they cannot do and, apparently, also aren't providing Swutches with enough power.
I use plenty of 3rd party peripherals just fine. USB-C charging cables and even a charging dock (it's a stand with an USB-C dongle to connect to my Switch and in the back there's an outlet for an USB-C to plug intona charging source. As all the dock does is basically be an extension cord, my Switch plays and charges just fine.
Reportedly (I don't have one), the Nyko dock forces the screen on the Switch to stay on even in docked mode. This is most likely what's bricking consoles.
@MysticX well as I pointed out the USB standard is for personal computer and their peripherals... But standards are that though--guidelines. And for all we know they are meeting USB C standards but the dock and the switch perform a proprietary handshake that had to be reverse engineered, but that process of RE by nyko didn't produce exact enough responses. At the end of the day when Nintendo states not to use unlicensed stuff, they absolve themselves of any blame if stuff goes wrong because of unlicensed products
It's neither me, Nintendo, or Nyko's fault. It's all y'all fault for being cheap and buying a third party dock in the first place. Third party accessories will never match the quality of first party products no matter what and only a few manage to outdo first party and that usually happen decades later.
Thats what Nintendo SWITCH is for. When it dies just "SWITCH" to a new one lol, thats why the sales are that strong. Just kidding.
With third partys involved these things can happen. Same with my phone when buying a cheap charger, my battery died.
@Kimyonaakuma you've already insinuated that the customer has bought the product with full knowledge of an implied risk, from what I've seen there's nothing on the Nyko product listening that says "Warning: may break your Nintendo Switch".
@AcridSkull There's always a risk when buying anything, especially if it's a third party product because they won't be officially supported.
No company plans to have products that do this so of course they wouldn't mention it, besides some people seem to not be having issues with the dock.
I'm sure Nyko like every manufacturer feature the same disclaimers.
It's just typical American claim culture.
It's probably more costly to go to court (and time consuming) than to just buy a new Switch lol
THIs would make sense if the product had the official Nintendo seal of approval, however because it doesn’t I can’t see the is standing up in court
People should be taking Nintendo to court for violating the USB-C PD specification.
https://plus.google.com/102612254593917101378/posts/2CUPZ5yVTRT
@bezerker99 That’s true, and easily the most mind-boggling part of the whole story, a switch costs $330 or so, for that money i doubt you’ll get 5 minutes of the lawyer’s secretary’s time...
And frankly, both Nintendo and Nyko are bound to have clauses in their product disclaimers to protect themselves from lawsuits like this one anyway, trust corporations to cover their backs.
You all realize the issue isn't that the docks were bricking consoles. It's the fact that the docks were bricking consoles, and Nyko didn't do a recall, or make any effort to stop the issue from continuing. That's negligence on their part, and definitely legally actionable.
I’m fairly sure the Switch does follow USB-C guidelines, but there is a much greater scope for the amount of power that flows either way - so it comes down to the resistors you use. The cheap docks don’t have the correct resistor (56 ohm) - that ain’t Nintendo’s fault.
@sremick So many companies would be "taken to court" if you can take NIntendo to court over some "standard" that's not written in law
@Undead_terror your power bank should be fine as long as the cord has a 56K OHM resistor. Been using an anker 30,000mah with no problems.
https://www.nintendolife.com/news/2018/04/nintendo_has_detailed_the_usb_cables_you_can_use_to_safely_charge_your_switch
Are we sure Nyko is following the usb c standard? There was a case earlier with non standard cables bricking the switch, so it seems likely that this device being non standard is the cause.
@TheLZdragon And they should. It’s in general not legal to trick customers. The law cannot and should not define everything.
@zip Nintendo has created a mess no doubt, but Nyko could have still built the dock to the same specifications of Nintendo’s and I assume the case will allege that it was reasonable for a consumer buying a product marketed as a Switch dock specifically for this piece of hardware had been developed to the same standards as Nintendo’s.
The issue with basing a defence around the fact it’s Nintendo deviating from the standard is that this product was explicitly sold as being a Switch accessory. If it was some form of universal cable and not sold explicitly as supporting the Switch that’d be a different matter as the manufacturer wouldn’t have advertised support for the system which had adopted a non standard implementation.
Sucks and Nintendo has created a problem here for third parties, but I think the responsibility for anyone selling something as a “Switch” accessory is to ensure it complies with the Switch specifications, not necessarily the USB-C standards.
Just to inform people who still believe this is a USB-C issue, it is not. The "bricking" is due to damage to the Power IC M92T36 component in the Switch, which handles proper power negotiation between the Switch and the dock. Damage to this results in improper handshaking that causes no HDMI output and intermittent charging issues. Replacement of this component fixes these problems. This is not a charging port issue as there's no damage to the USB-C port itself.
https://www.reddit.com/r/NintendoSwitch/comments/8ejghg/fixed_my_third_party_dockbricked_nintendo_switch/
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