Nintendo Responds To Lawsuit

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According to GameIndustry.biz, Nintendo has responded to the lawsuit filed against the company saying it is “totally without merit”. Although we have no idea what impact it will have on this case, Nintendo has beefed up the strap since the complaints first surfaced.

Filed on December 6th, the suit is seeking to become a class-action, with anyone who has suffered similar problems able to join. Nintendo has offered an official rebuttal to the lawsuit, stating: "We believe the lawsuit to be completely without merit."
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This is the part that gets me...

"The controller is an essential component of any video game console, and so plaintiff is unable to use the Nintendo Wii for its intended purposes as a result of the broken wrist band. Accordingly, it renders the Wii console, which retails in the United States for $250, useless," details the lawsuit.
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YES, you can use the Wii for it's intended purpose without the strap, and NO, it does not render the Wii useless without it. That quote kinda of contradicts itself. It states the CONTROLLER is required...not the strap.

I wonder that if Nintendo would have never included the strap to begin with, would this suit even exist? Would Nintendo just claim "butterfingers" on the part of the customer? You don't sue a hammer company because you drop it on your foot or throw it through your TV. But what if said hammer had a strap that broke...would you be able to sue then?

This is retarded...
 
more people wanting free money. The court should just have all the people trying to leach off of nintendo come in court and then put a bullet in each of their foreheads.

If you are too retarded to hold onto a controller then don't but a wii. I play my brothers all the time and have no trouble holding onto it.
 
I do agree this lawsuit is retarded....BUT....


There are two things Nintendo has against it in the eyes of the court:

A.) They have three billion advertisements showing people swinging the controller like a lunatic / madman, which is exactly what these tards were doing.

B.) They have now beefed up the strap, which acknowledges there is a problem.


The good news is, they have beefed up the strap and there are plenty of warnings when you fire up the console so I can't see anyone claiming Nintendo was negligent.
 
Steve A.) They have three billion advertisements showing people swinging the controller like a lunatic / madman said:
Actually if you look closely you will see in all the advertisements that the person(s) using the controller actually have the strap on. I agree, how hard is it to hold onto the flipping remote!!!
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This world must be full of mentally incompetent people. In an official statement from Nintendo they reported that this issue is specific to the United States so I guess the U.S. is full of incompetent people. Anytime you let go of something it falls... if I swing my camera around by its wrist strap and it breaks I am not going to blame the camera company.

You know what else renders the console useless? Letting go of the controller in the first place. I should be able to play this thing without holding it. Are we going to sue Louisville Slugger since you can't play the game without the bat in your hand.

If you buy a 75lb dumbbell but drop it on your toe because you are to weak to hold it, can you sue the company that made it?

This is all ridiculous...

While we are at it lets sue Johnson & Johnson because my contact popped out of my eye and I tripped and fell... hell lets sue the city because the curb was to hard... they should cushion them in case you fall...

Man there are a million things that I can think of that are just as stupid as this lawsuit. Lame and Frivolous sometimes I really hate the way our laws work in this country.
 
i love how it's really only americans who are suing

it's embarrassing


and regardless of what adverts say, what does it say in the manual? there is this infomercial for the two driver heads in one screwdriver, and they drop it off the 3rd floor of a construction site. yea it still works after that, but they don't tell you to do that. these people are mentally retarded if they get their instructions for a $250 purchase from an advertisement, and not from the book that came with the wii titled "instructions"
 
obviouslytom said:
Just out of curiosity, is it really that hard to hold on to the Wii controller?
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Sweaty palms, um...greasy hands....um....lube...

This is pretty stupid, almost up there with the people suing McDonalds cause they got fat eating their food.
 
Basicly this is a group of losers that for whatever reason they've got couldn't use the WiiMote the correct way or couldn't contain their "EXCITEMENT" and ended up damaging something expensive,themselves, or someone else.These people have noone to blame but themselves and i can't wait to see this lawsuit thrown out of court for being frivolous,without merit, and being a waste of the judicial system's time.

Whoever started this lawsuit and whoever hops on the train ought to be ashamed of themselves.Not only have they shown they can't accept responsibility for their own actions and erratic behaviour, but they've got to try to pin THEIR f**kup on somebody else to make matters worse.
 
I knew the Wii remote was a lawsuit waiting to happen when I heard about it. They should know the American market by now.. Go overboard and sue over anything.. They should have made the wrist straps out of steel (of course then they would have gotten sued for it making marks on people's wrists when they flung the damn thing around!). :D
 
The problem with the wii remote is that they are having you do actions which in the real world, end with you opening your hand or letting go. Bowling, throwing a ball. Guess some people don't realize, it is just a game, you have to hold onto the controller.
 
hity645 said:
Sweaty palms, um...greasy hands....um....lube...

This is pretty stupid, almost up there with the people suing McDonalds cause they got fat eating their food.
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Or suing because the HOT coffee burned their cooch when it spilled ... because the coffee was HOT.
 
gregnash said:
Steve said:
A.) They have three billion advertisements showing people swinging the controller like a lunatic / madman, which is exactly what these tards were doing.
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Actually if you look closely you will see in all the advertisements that the person(s) using the controller actually have the strap on. I agree, how hard is it to hold onto the flipping remote!!!
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I don't think Steve was saying the ads showed them not using the strap, I think he was saying that the ads show users flaying away like cannibals over a fresh kill. Strap or not, Nintendo has advertised that you can go crazy with the Wii.

However, I think this lawsuit is silly and baseless and that people need to grow a set and start taking responsibility for their actions.

*fixed quote
 
dumb people need to get a job, rather than trying to get free money from a lawsuit.
 
hity645 said:
Sweaty palms, um...greasy hands....um....lube...

This is pretty stupid, almost up there with the people suing McDonalds cause they got fat eating their food.
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Or awarded millions for getting burned after spilling hot coffee on their own dumb ass.

Im all for the bullet in the head theory proposed in a earlier post.
 
Escher said:
Or suing because the HOT coffee burned their cooch when it spilled ... because the coffee was HOT.
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ffs. ***Note to self, read all replys before posting.***
 
Steve,

Just a lawyer's note:

In principle, under U.S. rules of evidence, the fact that Nintendo beefed up the strap after the complaints shouldn't matter. The plaintiffs will probably not be able to tell a jury that Nintendo beefed up the strap after the complaints.

(The thinking behind this is that changing the strap makes Nintendo look guilty to the average person, but in reality manufacturers will often change the product in response to feedback regardless of whether they were negligent when they first designed it. To avoid tainting the jury, the evidence is disallowed.)

Cheers.


Steve said:
I do agree this lawsuit is retarded....BUT....


There are two things Nintendo has against it in the eyes of the court:

A.) They have three billion advertisements showing people swinging the controller like a lunatic / madman, which is exactly what these tards were doing.

B.) They have now beefed up the strap, which acknowledges there is a problem.


The good news is, they have beefed up the strap and there are plenty of warnings when you fire up the console so I can't see anyone claiming Nintendo was negligent.
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Well, a year ago we were saying this would happen...for exactly the reasons you see stated in this thread; People like to sue.

The truth of the matter is that it barely takes a flick of the wrist to do anything with the Wii remote...A-N-Y-T-H-I-N-G. There is absolutely no reason to jump around and flail like an idiot.

Since we have some legal expertise in the thread, how about I play Devil's Advocate (*disclaimer* this is not my opinion, this is what is being alleged) :

The owners manual says:

Wii gameplay with the Wii Remote involves rapid or vigorous motion. Please use the wrist strap to prevent losing your grip on the remote and causing damage to the remote, surrounding objects or injury to other people.
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The Wii does not require "rapid or vigorous motion".

Nintendo acknowledges and encourages these types of "rapid or vigorous motion" through advertising as well as in the included owners manual. No such movement is required to play any game. Small wrist motions are more than adequate.

The whole notion of having to swing the controller is a product of Nintendo's own advertising.

Nintendo failed to provide a wrist strap with adequate strength to prevent the above described damage / injury from occurring after promoting / encouraging consumers to use the product in a way that was not neccesary for actual game play.

Nintendo acknowledged the risk in the manual yet failed to provide adequate protection to the consumer.

O.K. that is the Devil's Advocate / Plaintiff's side, you guys tear up that argument!

And the defense says....
 
"The controller is an essential component of any video game console, and so plaintiff is unable to use the Nintendo Wii for its intended purposes as a result of the broken wrist band. Accordingly, it renders the Wii console, which retails in the United States for $250, useless," details the lawsuit.
Click to expand...

Excuse me? I threw my wrist strap away the second I took the Wii-Mote out of the box because it fucking looked ugly...

....needless to say, my TV is still in perfect shape, as is the rest of my home theater equipment....and I do play Wii Sports Baseball regularly, and I do swing it like a maniac sometimes.

I have never let the damn thing go a single time.

These people are absolute morons :mad:
 
lesman said:
Excuse me? I threw my wrist strap away the second I took the Wii-Mote out of the box because it fucking looked ugly...
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You have violated the terms of service and your warranty is now void!


:D
 
Steve said:
You have violated the terms of service and your warranty is now void!


:D
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Nah, I'll just call 'em up, tell them my wrist strap broke and I threw it away, and have 'em ship me a new one. Problem solved, warranty saved. :D
 
Steve said:
According to GameIndustry.biz, Nintendo has responded to the lawsuit filed against the company saying it is “totally without merit”. Although we have no idea what impact it will have on this case, Nintendo has beefed up the strap since the complaints first surfaced.
Click to expand...

This is completely idiotic. Nintendo has agreed to replace the wristbands. The lawsuit is nothing more then opportunistic (read, scumbag) lawyers suing a company for releasing a defective product. Yet, we are still allowed to sell alchohol, guns, cigarettes, fast food with general impunity.


If nintendo had said "Screw you guys, we already got your money, buy another controller" then that'd be a different story.
 
How unfortunate that it requires less brainpower to breathe than file a money grubbing lawsuit. Otherwise, these idiots would just expire before being able to pollute our legal system with their own stupidity.

When I was a kid and somebody threw a controller at the TV, they'd generally get their ass kicked by their parents and have to pay for a new controller. Of course that was when everything was CRT and you'd have to throw a bulldozer at the TV to break it.

So... "I was a dumbass and threw my controller, clearly I need to sue somebody." Shouldn't shame and embarrasment at least stop them?!?
 
I can't wait now to sue Louisville for making bats that can fly out of peoples hands.
 
The one good thing that has come out of this wrist strap thing is the weekly entertainment I get from reading these news posts. The Nintendo Wii has given me great entertainment value and I don't even own one. lol
 
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