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Nintendo faces a lawsuit

21 December 2006 1:50 by Matti "Siggy" Vähäkainu | 52 comments

Nintendo faces a lawsuit The much debated Wii wrist straps have spawned another shadow on Nintendo. A US law firm, Green Welling LLP, filed a lawsuit in the U.S. District Court for the Western District of Washington on behalf of Wii owners against Nintendo of America.

The class action lawsuit seeks justice for Wii owners who have broken their wrist straps while using the "Wiimote" as instructed, and tries to discontinue Nintedo's "unfair or deceptive business practices" and make them "provide a refund to the purchaser or to replace the defective Wii remote."

Nintendo has already promised to replace all broken wrist straps and provide new enhanced and less vulnerable straps to customers. The Japanese company is not concerned about the lawsuit and believes it won't go anywhere.

Source:
Kotaku


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    Discuss this article!  There are more user comments available, read them here
    bobiroc (Member) 21 December 2006 13:04 Send private message to this user   
    There is an article here http://www.tgdaily.com/2006/12/20/wii_strap_lawsuit/

    with a stupid quote and I Quote

    "A statement issued by the firm reads, "Owners of the Nintendo Wii reported that when they used the Nintendo remote and wrist strap, as instructed by the material that accompanied the Wii console, the wrist strap broke and caused the remote to leave the user's hand. Nintendo's failure to include a remote that is free from defects is in breach of Nintendo's own product warranty."

    In there they say the strap broke first then the remote flew outta the hands. To me that is just plain retarded. I think the people let go of the remote first then the strap broke and because they were putting too much force on their motions the strap broke. I am a proud owner of the Wii and do not see what the big deal is. Hold onto the remote and you won't have a problem. Nintendo issues a warning before the games start to make sure all people and obsticals are out of your way and I am pretty sure they say you do not have to use excessive force for the motion sensing to work.

    This is just a case of someone blaming someone else for their own stupidity. I hope the person sueing loses their ass.

    according to this website http://www.nexgenwars.com/ almost 1.9 million Wii consoles were sold and of the handful of problems reported I highly doubt its as big of deal as these people are making it out to be.

    Nintendo responded right away to the few problems and issued a voluntary recall for the straps so I commend them for that. Shows that they still care for their customers. But some people are just looking for a quick payout.
    Frostbite (Junior Member) 21 December 2006 13:32 Send private message to this user   
    Well I'm suing gabsta for saying anyone can sue any one, that just is not true, lol.

    Frosty
    bobiroc (Member) 21 December 2006 14:07 Send private message to this user   
    Oh and on a side note, I think these people should prove that the strap broke during NORMAL play. How do we know they were not using the remote improperly or just ripped the strap off themselves and through it at the TV or Window just to make some money.
    SayYes (Newbie) 21 December 2006 15:18 Send private message to this user   
    I'm sueing myspace cause i got caught cheating on my girlfriend. i'm sueing sony cause i can't afford the ps3. i'm sueing nintendo cause the graphics aren't up to par. i'm suing microsoft cause...cause...cause windows keeps crashing. who am i missing people?
    xtwister (Newbie) 21 December 2006 15:32 Send private message to this user   
    I have heard of alot of plasma screens taking the impact of the controller.. but that doesnt mean the user was even using a strap. Heard Best Buy had around 16 broken plasmas so far (across the US) in their demo area.
    Andrew691 (Senior Member) 21 December 2006 15:42 Send private message to this user   
    Why not sue the people who made your TV for not being Wiimote resistant... I can see it now the latest Sony HDTV under features: Extra thick glass to protect against morons who let go of their Wiimotes.
    This shows that in America (and a few other countries) that anyone can sue anyone for nearly anything, completely stupid. Nintendo have promised to repair broken straps what more can people want? just a case of people being greedy.
    Donuts (Junior Member) 21 December 2006 15:57 Send private message to this user   
    This makes the firm look bad for filing something so ridiculous. Nintendo have already agreed to replace the remotes. Who are the "Wii owners"?? Shouldn't THEY bring the action??? The firm's loaded language makes no sense either. A large corporation such as Nintendo will not tarnish its reputation with "unfair OR deceptive" conduct. It has nothing to gain from this and everything to lose.
    igounfaze (Newbie) 21 December 2006 16:22 Send private message to this user   
    I truthfully wouldn't be worried about this lawsuit if I were Nintendo. They had already implemented a service for the complaints before the suit. Nulling the lawsuit. So I think Nintendo has broad ground to stand on for this.

    And yeah. I remember the days when Bowser would trash 80 of my 99 lives. I threw my control against all four walls. When it broke... I fixed it. If I couldn't fix it. I bought another one. (or better yet, borrowed one from my friends).

    Go figure that all those joyous years of playing Nes/Snes/64 could have paid off with more than enjoyment for my own stupidity. Damn, if only someone would have told me when I was younger that my stupid acts against the evil controller was really someone else's fault and not mine!
    Chanta (Newbie) 21 December 2006 18:01 Send private message to this user   
    The lawsuit is so retarded you'd think that SONY paid them to sue NINTENDO just to create some sparks. No but seriously, c'mon folks s#!t happens ok and some people are just not...well "normal" shall we say?

    And out of the 1.9 million sold (I'm quoting from what I read here so dont hold me to that figure)you would expect some incidents..hell why would they put the wriststraps on it in the first place if not for some poor shmoe or shmoes who screwed up at the R&D level.
    I mean c'mon losers get yer s#!t straight and stop the greed. If you messed up your daddys plasma or yer aunt Sally's porcelain, fess up and stop being such weiny bit@hes!! it's easier to blame someone else after all right??
    theonejrs (AfterDawn Addict) 21 December 2006 18:08 Send private message to this user   
    Ever notice that the words Sue and Screw rhyme? As in, "The lawyers Sued, and you got Screwed!!!" Only business I can think of where you get paid for failing. Lose the case and the Lawyer still gets paid! Nice!!!

    Happy Holidays.
    theone
    cappyx (Inactive) 21 December 2006 18:53 Send private message to this user   
    insteard of making the strap right to normal persons specs nintendo should have went with the 40mil strap to start with and compensated for the retarded folks. now they will just pay double. nintendo should have known that some pos lawyer was going to try to get rich as soon as even a small amount of straps began to snap for whatever reason. the lawyer gets a gizillion dollars and you get a flippin' strap. appearently this has become the number one way to live the good life simply become a lawyer, pretend you care about people ,(caring about children is better because no one will oppose you) and file a suit and you are set for life. I'm thinking that maybe the smart ones aren't fighting the system they are joining it?? it seems to me that the respectable ones are poor and will get a nice new wrist strap.
    cappyx (Inactive) 21 December 2006 20:20 Send private message to this user   
    i am suing microsoft. the xbox controller now has my thumbs making funny sounds and i am addicted to pc. there was no warning lable on the pc when i got it stating that the product was addicting and i am suing e-commerce as i am also addicted to the internet. oh ya i'm suing all cell phone manufactures as there may be a chance i get a brain toomer from cell waves and if i die i won't be able to spend the money so as a premptive strike i will just sue now. i am suing all of my creditors as no one told me i would have to work at a job to pay them back and i am suing the doctor who delivered me as he should have evaluated my parents income level and recomended abortion.
    Kratos69 (Inactive) 21 December 2006 22:18 Send private message to this user   
    This is just so wrong. It sounds like the typical hot blooded American whos favorite team or driver (for nascar fans) just lost and the only thing he had around him was his remote so he threw it and now he is pissed cause his new HDTV is broken and needs to blame someone. Well sure that maybe stereotyping but it just sounds the same for gamers that can't beat the game and get mad so they throw the controler and blame Nintendo because they need money to fix the tv or get a new one when really its their fault.
    theonejrs (AfterDawn Addict) 21 December 2006 23:34 Send private message to this user   
    kratos69,
    Quote:
    It sounds like the typical hot blooded American whos favorite team or driver (for nascar fans) just lost and the only thing he had around him was his remote so he threw it and now he is pissed cause his new HDTV is broken and needs to blame someone.
    I can think of some Giants fans who would have thrown it through the plasma the way the Giants lost a couple of weeks ago.

    "But it's Nintendo's fault"!

    Happy Holidays,
    theone
    DarkMods (Inactive) 22 December 2006 5:24 Send private message to this user   
    Maybe if people kept the nunchuck attached then even if they let go of the wii remote they still have their other hand on the nunchuck
    didas (Inactive) 22 December 2006 13:12 Send private message to this user   
    YEAH, THESE PEOPLE WANT A NEW TV FOR CHRISTMAS,
    AND U KNOW WHAT I FEEL LIKE SUE IN YOU, YEAH YOU.
    HA,HA,HA.. ONLY IN USA, SHAME ON YOU,GRINGOS. ONLY WHITE PEOPLE SUE FOR NOTHING,LIKE THE STRAPS.
    nalljr (Newbie) 22 December 2006 16:08 Send private message to this user   
    The broken windows and tv looks like those M***Ns intended to throw the Wiimote directly to it.

    "Nintendo has already promised to replace all broken wrist straps and provide new enhanced and less vulnerable straps to customers. The Japanese company is not concerned about the lawsuit and believes it won't go anywhere"

    The judge will probably agree with this or will just sentence Nintendo to have all straps replaced but NO compensation of broken TVs and windows. "You broke it, you bought it"
    Nephilim (Moderator) 28 December 2006 21:10 Send private message to this user   
    As big of a stretch as it was we just had one schmuck bring race into a discussion about console remotes. He's gone permanently and anyone who carries didas' torch will follow him.



    The Forum Rules You Agreed To! http://forums.afterdawn.com/thread_view.cfm/2487
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    ZippyDSM (AfterDawn Addict) 29 December 2006 5:18 Send private message to this user   
    Originally posted by Nephilim:
    As big of a stretch as it was we just had one schmuck bring race into a discussion about console remotes. He's gone permanently and anyone who carries didas' torch will follow him.

    the only torch I ahve is for you and creacky :3

    Mmmm i hope creaky is not afraid of fire....some undead are ^_~



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    Sony has declared war on importers the consumer will be next with CD's,Videos/Games not far behind that....boycott SONY!
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    cappyx (Inactive) 29 December 2006 5:46 Send private message to this user   
    next time there is violent weather we should sue our insurance companies as they claim it is an "act of God". My God is all loving and would not do such atrocities there for i feel that it was either Mother Nature, psiedon or zeus and they need to pay up.
    ninjanick (Member) 30 December 2006 18:17 Send private message to this user   
    how do you swing that shit so hard?
    LeMike (Newbie) 31 December 2006 10:38 Send private message to this user   
    Having viewed the site of the company pursuing the suite, I believe that all of us who have Wiis should write to Nintendo offering our services as expert witnesses for their benefit. I doubt they'd have any problem laughing a class action suite out of court if the prosecution cited 100 example cases and the defendents cited several thousand very satisfied customers ready to testify on their behalf !
    LeMike (Newbie) 31 December 2006 10:44 Send private message to this user   


    "next time there is violent weather we
    should sue our insurance companies as
    they claim it is an "act of God". "

    Well, we should at least get together and demand that they prove that it was an act of God (and also, BTW, which / whose God it was !).
    cappyx (Inactive) 31 December 2006 10:48 Send private message to this user   
    make them produce "god" in a court of law! whichever god they are refering to produce it!
    rabbiTT (Inactive) 6 January 2007 6:34 Send private message to this user   
    Funny, this seems to be only happening in America. Hmmm, could it be because they are so sue happy or ready to blame someone else for their shortcoming or faults?
    theonejrs (AfterDawn Addict) 6 January 2007 12:58 Send private message to this user   
    rabbiTT,
    Quote:
    Funny, this seems to be only happening in America.
    That's because we have the best Justice (???) money can buy! The Courts are clogged with nonsense Lawsuits that shouldn't even be heard. Contrary to popular belief, there is no "and equal justice for all" as money has everything to do with the "equal"!

    theone
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