@SolarJetman The whole concept is completely fine, it's the name that gives me pause (and the fact that the name uses the same shape/font as Netflix, as I think you flagged). And actually I shouldn't have said copyright, it'd be a trademark issue (if anything). The "McSleep" lawsuit where McDonald's successfully sued a chain of hotels would be a reasonable comparison.
I'm appointed, not disappointed. The worse this game does, the better - the more likely they'll drop the price or at least be less likely to pull something like this in the future.
So look. Parody CAN be a protected use, but it's not just an automatic get-out-of-copyright-infrigement-jail card. The name is a pretty obvious "our game is just a bunch of bland platforming retro levels, we need a catch" gimmick. Skating on thin ice here.
Honestly, I am glad for everybody who likes it, but for people like me who can't stand the babysitting and just want some battlefield strategy, this is troubling, because it makes it less likely we'll get any FE games like that.
"one of the best RPGs on Switch" Well that's depressing. This game was extremely average, sadly. I wanted to play it forever, but I never had a PS3. I was thrilled to try it out on Switch when I rented it on Gamefly and was underwhelmed.
@nessisonett This is 100% the kind of game I'm going to look for used. Maybe Black Friday, but I'd rather get it secondhand and not have Nintendo get any of my funds for it.
As much as I'm against all these lawsuits (again, just because a product isn't very good doesn't mean the company did anything illegal or owes you money), $5 million might represent what the whole CLASS suffered.
@Zequio While that can be true (not in America), that's really not what they're doing here. The point of a planned obsolescence is to artificially limit the useful period of a product so that a person has to buy either a replacement or the next greatest thing. That's not happening here - Nintendo is repairing or replacing every drifting joycon brought to their attention, so they're LOSING money because of this. They're not trying to herd people into buying the next upgraded model because the joycon's useful life has expired.
@Magonigal I'm not defending them. Literally never once have I defended them. Explaining what users can and can't sue for is not defending what Nintendo is doing. Again, "I don't like what they're doing" is not grounds for a legal claim.
@Zequio I'm not sure what you're getting at. Have I said I think Nintendo is doing a great job? Have I said Nintendo shouldn't improve their joycons? Have I said Nintendo is treating its consumers well?
@Dang69 That's true, but consumer protection laws still require evidence of some guarantee, promise, warranty, etc. that's not being met. There is no consumer protection law that just lets you sue if a product isn't as good as you wished it was.
Suggestion for everybody - stop pretending to be a law expert if you're not a real lawyer (which I am).
@Dang69 Um, not your guarantee, read what I wrote. Show me Nintendo's guarantee and how they are failing. They are promising the quality of their product or they'll repair it. And they're repairing it.
It's not illegal to sell a product that isn't very good. You need to be able to point to a specific promise they made or a fraudulent statement they made. And "our product is great" is neither of those things.
By comparison, some cars aren't very reliable. They break down more frequently than other cars. You don't get to sue those car manufacturers unless they fail to abide by the promises they actually made (their warranty periods). Same thing here. Nintendo's joycons aren't very reliable. But they are abiding by their promise to fix them if they go bad.
@Kalmaro I don't think you get the law. Nintendo says "this product works fine. If it doesn't, we'll fix it." And guess what. They're fixing joycons when they break - in fact, they are going above and beyond and fixing them for longer than they've promised to do so in their warranty.
@JoeyTS I agree, they are bad products. But there's still a disconnect between "this product is bad" and "I get to sue for it". Unless Nintendo specifically promised something they're not delivering on, you don't get to sue just because it's not as good as you want it to be.
@Kalmaro "Good product" is not any kind of objective measurement, much less an enforceable promise. Calling that a "lie" is just silly. Also claiming every single joycon breaks (much less within the warranty period) is also just demonstrably false.
And I'm speaking as somebody who's sent in a joycon for repair.
There's still a leap of logic between "your product isn't very good" and "I get to sue you". If you don't want to deal with a bad product, don't buy it. Things break and wear out over time. There is no singular "right" amount of time that should be.
@aaronsullivan No, even within characters' own lines. The screenshots with dialogue have mysteriously disappeared from this article for me, but it jumped out at me immediately. And the cerberus line is eye-rolling.
How do we know those aren't there intentionally to aid playability? Like if I didn't KNOW they were "debug" cubes, I wouldn't think they were out of place at all.
Comments 1,099
Re: Nintendo Drops The Hyrule Warriors: Age Of Calamity Launch Trailer Ahead Of Release
All this trailer did was remind me of the singular complaint I had about BoW... Zelda's voice.
Re: Platformer Landflix Odyssey Has You Trapped Inside The TV Shows Of A Streaming Service
@SolarJetman Hah, we might start to see aggressive litigation of these things specifically so "flix" doesn't become genericized!
Re: Platformer Landflix Odyssey Has You Trapped Inside The TV Shows Of A Streaming Service
@SolarJetman The whole concept is completely fine, it's the name that gives me pause (and the fact that the name uses the same shape/font as Netflix, as I think you flagged). And actually I shouldn't have said copyright, it'd be a trademark issue (if anything). The "McSleep" lawsuit where McDonald's successfully sued a chain of hotels would be a reasonable comparison.
Re: UK Charts: Animal Crossing Retakes Second, But Pikmin 3 Sees Disappointing Drop
I'm appointed, not disappointed. The worse this game does, the better - the more likely they'll drop the price or at least be less likely to pull something like this in the future.
Re: Platformer Landflix Odyssey Has You Trapped Inside The TV Shows Of A Streaming Service
So look. Parody CAN be a protected use, but it's not just an automatic get-out-of-copyright-infrigement-jail card. The name is a pretty obvious "our game is just a bunch of bland platforming retro levels, we need a catch" gimmick. Skating on thin ice here.
Re: Fire Emblem: Three Houses Is Now The Best-Selling Entry In The Entire Series
Honestly, I am glad for everybody who likes it, but for people like me who can't stand the babysitting and just want some battlefield strategy, this is troubling, because it makes it less likely we'll get any FE games like that.
Re: Talking Point: What Are You Playing This Weekend? (November 7th)
Interesting, one NLer hated YesterMorrow, for another it's the game of the week.
Re: Monster-Summoning Roguelike Sword Of The Necromancer Gets Anime-Style Opening Cinematic
@DarthXenos OH haha I missed that in my skimming.
Re: Monster-Summoning Roguelike Sword Of The Necromancer Gets Anime-Style Opening Cinematic
"Monster summoning roguelike". Azure Dreams says hello.
Re: Eighting Helped Nintendo Bring Pikmin 3 To The Switch
Were they responsible for picking the price too?
Re: Talking Point: What Are You Playing This Weekend? (October 31st)
Only one staff on the hottest biggest new game...
Re: Poll: Box Art Brawl: Duel #66 - Resident Evil 0
Oh that European one is SWEET. One of the best covers I've seen.
Re: SNK Apologises For "Offensive Ad" Featuring Fatal Fury's Terry Bogard
@COVIDberry How many people have you killed in video games?
Re: Nintendo Shadow-Drops Another Nintendo Direct Mini, Watch It Here
@FantasiaWHT Good grief it got worse. I want to put each one of those characters in a sack and drown them to put them out of their misery.
Re: Nintendo Shadow-Drops Another Nintendo Direct Mini, Watch It Here
"You are finished, hero of light." "I am a hero of light no longer." Eye roll
Re: Deals: Level-5's Gorgeous Ghibli RPG Ni no Kuni Has 84 Percent Hacked Off Its eShop Price [Europe]
"one of the best RPGs on Switch" Well that's depressing. This game was extremely average, sadly. I wanted to play it forever, but I never had a PS3. I was thrilled to try it out on Switch when I rented it on Gamefly and was underwhelmed.
Re: THO Simulator Is Your Chance To "Examine Damage" And, Erm, "Ensure Safe Roads" On Switch
THC Simulator?
Re: Nintendo Download: 22nd October (North America)
"her innate cartography powers"
Somebody understands me.
Re: Super Met Boy Announced For Switch - And No, It Has Nothing To Do With Super Meat Boy
Darn, I thought it was going to be an opera simulator.
Re: A Short Hike's Sales Have Been "Much Stronger" On Switch Compared To PC
Picked this up after I read about it here. Fantastic game to play through with my daughter.
Re: Frame Rate And Resolution For Pikmin 3 Deluxe Demo Seemingly Revealed
@Strumpan Yes. Time will tell if they're right about it. I think no.
Re: Frame Rate And Resolution For Pikmin 3 Deluxe Demo Seemingly Revealed
@nessisonett This is 100% the kind of game I'm going to look for used. Maybe Black Friday, but I'd rather get it secondhand and not have Nintendo get any of my funds for it.
Re: Frame Rate And Resolution For Pikmin 3 Deluxe Demo Seemingly Revealed
Why is this $60????
Re: Nintendo Is Being Sued Over Joy-Con Drift Yet Again, This Time By A Child
As much as I'm against all these lawsuits (again, just because a product isn't very good doesn't mean the company did anything illegal or owes you money), $5 million might represent what the whole CLASS suffered.
Re: Review: Rebel Galaxy Outlaw - Deliciously Daring Dogfighting In The Depths Of Space
Anybody played both this and the new Star Wars Squadron? How does it compare?
Re: Koei Tecmo Hopes To Make "More Interesting Games" Like Hyrule Warriors: Age Of Calamity In The Future
More interesting games than clones of a 20-year old formula? Please?
Re: Nintendo Reportedly Arguing Switch Joy-Con Drift "Isn't A Real Problem"
Yeah I totally trust the lawyers for the plaintiffs to give an honest and forthcoming account of what Nintendo's lawyers said in court.
Re: Review: Ys Origin - An Awesomely Accessible And Amiable Action RPG
I enjoyed this one a lot, for a modern Ys game.
Re: Poll: Box Art Brawl: Duel #61 - Okamiden
Both are pretty good, but the Japan version is a little more chill, in keeping with the vibe of the game.
Re: Nintendo Is Getting Sued Yet Again Over Switch Joy-Con Drift
The person who says I must not be a lawyer thinks legality has nothing to do with whether Nintendo can be held liable in court. I rest my case.
Re: Nintendo Is Getting Sued Yet Again Over Switch Joy-Con Drift
@ComposedJam Show me what law Nintendo broke. Selling a not-very-good product isn't illegal.
Re: Nintendo Is Getting Sued Yet Again Over Switch Joy-Con Drift
@Dang69 Anecdote =/= data
Re: Nintendo Is Getting Sued Yet Again Over Switch Joy-Con Drift
@JoeyTS How many people are experiencing the problem has literally nothing to do with whether Nintendo has done something illegal.
Re: Nintendo Is Getting Sued Yet Again Over Switch Joy-Con Drift
@Zequio While that can be true (not in America), that's really not what they're doing here. The point of a planned obsolescence is to artificially limit the useful period of a product so that a person has to buy either a replacement or the next greatest thing. That's not happening here - Nintendo is repairing or replacing every drifting joycon brought to their attention, so they're LOSING money because of this. They're not trying to herd people into buying the next upgraded model because the joycon's useful life has expired.
Re: Nintendo Is Getting Sued Yet Again Over Switch Joy-Con Drift
@Magonigal I'm not defending them. Literally never once have I defended them. Explaining what users can and can't sue for is not defending what Nintendo is doing. Again, "I don't like what they're doing" is not grounds for a legal claim.
Re: Nintendo Is Getting Sued Yet Again Over Switch Joy-Con Drift
@Zequio I'm not sure what you're getting at. Have I said I think Nintendo is doing a great job? Have I said Nintendo shouldn't improve their joycons? Have I said Nintendo is treating its consumers well?
Re: Nintendo Is Getting Sued Yet Again Over Switch Joy-Con Drift
@Friscobay And my Hyundai experienced problems that my Ford didn't. That doesn't mean I get to sue Hyundai.
Re: Nintendo Is Getting Sued Yet Again Over Switch Joy-Con Drift
@Dang69 That's true, but consumer protection laws still require evidence of some guarantee, promise, warranty, etc. that's not being met. There is no consumer protection law that just lets you sue if a product isn't as good as you wished it was.
Suggestion for everybody - stop pretending to be a law expert if you're not a real lawyer (which I am).
Re: Nintendo Is Getting Sued Yet Again Over Switch Joy-Con Drift
@Dang69 Um, not your guarantee, read what I wrote. Show me Nintendo's guarantee and how they are failing. They are promising the quality of their product or they'll repair it. And they're repairing it.
Re: Nintendo Is Getting Sued Yet Again Over Switch Joy-Con Drift
@Dang69 Show me the guarantee that it won't wear out again. Everything wears out over time.
Re: Nintendo Is Getting Sued Yet Again Over Switch Joy-Con Drift
It's not illegal to sell a product that isn't very good. You need to be able to point to a specific promise they made or a fraudulent statement they made. And "our product is great" is neither of those things.
Re: Nintendo Is Getting Sued Yet Again Over Switch Joy-Con Drift
@Dang69 You can't just say "This product sucks, so I get to sue." What ILLEGAL action did Nintendo actually take that violated the law?
Re: Nintendo Is Getting Sued Yet Again Over Switch Joy-Con Drift
By comparison, some cars aren't very reliable. They break down more frequently than other cars. You don't get to sue those car manufacturers unless they fail to abide by the promises they actually made (their warranty periods). Same thing here. Nintendo's joycons aren't very reliable. But they are abiding by their promise to fix them if they go bad.
Re: Nintendo Is Getting Sued Yet Again Over Switch Joy-Con Drift
@Kalmaro I don't think you get the law. Nintendo says "this product works fine. If it doesn't, we'll fix it." And guess what. They're fixing joycons when they break - in fact, they are going above and beyond and fixing them for longer than they've promised to do so in their warranty.
Re: Nintendo Is Getting Sued Yet Again Over Switch Joy-Con Drift
@JoeyTS I agree, they are bad products. But there's still a disconnect between "this product is bad" and "I get to sue for it". Unless Nintendo specifically promised something they're not delivering on, you don't get to sue just because it's not as good as you want it to be.
Re: Nintendo Is Getting Sued Yet Again Over Switch Joy-Con Drift
@Kalmaro "Good product" is not any kind of objective measurement, much less an enforceable promise. Calling that a "lie" is just silly. Also claiming every single joycon breaks (much less within the warranty period) is also just demonstrably false.
And I'm speaking as somebody who's sent in a joycon for repair.
Re: Nintendo Is Getting Sued Yet Again Over Switch Joy-Con Drift
There's still a leap of logic between "your product isn't very good" and "I get to sue you". If you don't want to deal with a bad product, don't buy it. Things break and wear out over time. There is no singular "right" amount of time that should be.
Re: Review: Hades - A Heavenly Trip Into Hell That's Utterly Essential For All Switch Owners
@aaronsullivan No, even within characters' own lines. The screenshots with dialogue have mysteriously disappeared from this article for me, but it jumped out at me immediately. And the cerberus line is eye-rolling.
Re: Random: Some 3D All-Stars Players Aren't Happy About The Visible Debug Cubes In Super Mario Sunshine
How do we know those aren't there intentionally to aid playability? Like if I didn't KNOW they were "debug" cubes, I wouldn't think they were out of place at all.