4 ms·
The agreement found at http://www.nintendo.com/consumer/systems/wiiu/en_na/account_your_account.jsp http://www.nintendo.com/consumer/systems/wiiu/en_na/account_
by gnu8 14y ago
The agreement found at http://www.nintendo.com/consumer/systems/wiiu/en_na/account_your_account.jsp http://www.nintendo.com/consumer/systems/wiiu/en_na/account_... excludes two cases:
1) protection of intellectual property rights (by either party)
2) small claims court
So if you just want your money back for your games it shouldn't be a problem to get it.
The exception for intellectual property claims is perhaps more interesting. Nintendo insists on stacking the deck and forcing anyone they've screwed to individually go through their rigged kangaroo court(1), except when enforcing their own intellectual property rights. I wonder how effective they would be pursuing pirates with mandatory binding arbitration, which the pirates haven't agreed to in any case, rather than filing DMCA complaints.
Perhaps though, if you've purchased licenses to their games and now you can't play them, that could be considered to be an intellectual property related dispute: interference with your right to use your legal licenses of their intellectual property.
(1)Not hyperbole, mandatory arbitration clauses are patently unfair and should be illegal, or legally made to have the effect of optional arbitration clauses.
- MSM 14y agoAs others have said, this is probably easily solved by calling and just explaining the problem. It was mentioned multiple times in the article that this case was a fringe scenario (he had old software, first gen, etc). It doesn't even sound like Nintendo is trying to employ DRM to do anything dirty, it sounds like there were simply issues with early Wiis that weren't addressed. If you decide to skip all that crazy talking-it-out nonsense and take Nintendo to small claims court, you pretty much deserve to lose your filing fee and time screwing around with the courts.
- gnu8 14y agoAside from the fact that all DRM is dirty and should be fought wherever it is found, I never suggested that the author should not attempt a diplomatic solution first.