Nintendo Switch

Rumour: Nintendo is apparently arguing in the Joy-Con drift lawsuit that it “isn’t a real problem or hasn’t caused anyone any inconvenience”

The Joy-Con drift class action lawsuit that was filed against Nintendo is still going on, and we now know what Nintendo’s arguing to defend themselves. A Reddit user sent an email to law firm Chimicles Schwartz Kriner & Donaldson-Smith (CSK&D), who are invovled with the case. In their reply back, they say that “we are working on putting together a montage of video clips from Nintendo Switch owners such as yourself as a way to give voice to the joy-con drift issues you’ve experienced. This will be helpful to us in responding to Nintendo’s arguments about how this isn’t a real problem or hasn’t caused anyone any inconvenience”. You can see the full email reply down below.

Thank you for contacting our law firm about the Nintendo Switch Joy-Con Drift litigation. We are working on putting together a montage of video clips from Nintendo Switch owners such as yourself as a way to give voice to the joy-con drift issues you’ve experienced. This will be helpful to us in responding to Nintendo’s arguments about how this isn’t a real problem or hasn’t caused anyone any inconvenience.

In an effort to humanize and demonstrate these issues and their impact on consumers, it would be helpful to our prosecution of the case if you would submit a short (90 seconds or less) video to us describing your experience with the Joy-Con drift on your controllers. You can record it on your phone and email us the video. We will combine the results we receive from all of the consumers who contacted us into a video that we plan to share with Nintendo’s attorneys and the company’s representatives. The video should describe the following, if applicable:  

  • Begin by identifying why you originally purchased the Switch, or any relevant details about your background as a longstanding Nintendo fan (if applicable).
  • Describe all of the problems or issues you experienced related with the drift problem on your Joy Con controllers.
  • If you’ve had multiple repairs and have had to contact Nintendo several times, please explain whether it was successful in the end. Please provide any details about how long you estimate having to spend on the phone with them, how many replacement Joy Cons you received, and whether any of those failed again (and if so what happened).
  • If you want Nintendo to know how this has affected your confidence in the Nintendo brand or the likelihood that you would ever buy another Nintendo product again, you are free to convey those feelings.

Please submit your video to us at nintendoclassaction@chimicles.com by Friday, October 16. If you have any questions please let us know.

Thank you in advance for your time and attention.

Source / Via

15 comments

  1. From a journalism standpoint, I would be very careful with tossing around language about what Nintendo is arguing based on information like this. Any argument you do not bring up in court at the appropriate time in the early stage is by rule of procedure, lost to you forever. It would be any decent lawyer’s responsibility to collect information like this for the mere potential of making that argument, regardless of whether or not they use it, and even if they do use it in an official brief, that isn’t to suggest its their primary defense. As I said, you have to bring in every argument you could ever in any timeline conceivably maybe might use somehow, or else you don’t get to bring it up later. So if you spend time reading court claims, it isn’t uncommon for a “shotgun” approach where someone puts out 17 different arguments, when in reality they’re only ever really meaning to use one. The other 16 are to preserve grounds of appeal on the off chance it comes up.

    Shoot, whoever sent that email probably isn’t the person who’s even going to draft the argument.

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  2. Phew! It’s a good thing that I didn’t replace 2 joysticks on 2 left joycons, due to not-drifting! Only to realize, I also needed to replace a 3rd joystick on a right joycon ALSO due to not-drifting!
    FFFFffffffffffffffeck off Nintendo. You were sued and lost one case. Your goddamn president even apologized for it. Why are they coming out with this bullcrap NOW of all times?? I wish I had videos of my drift on 2 different pairs of joycons, I’d gladly send them.

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  3. Guys, remember that this is the prosecution’s characterization of the defendant’s statements. This is not a direct quote from Nintendo.

    Yes, Nintendo should own up to this more readily — I’ve had a lot of trouble with drift as well — but let’s not fall victim to taking back-and-forth legalese at face value.

    Respectfully, this headline is a bit misleading.

    Liked by 5 people

  4. I hope they show a video from a tech YouTuber (like Spawn Wave) as evidence as to why the Joy-Cons’ design causes them to drift over time.
    Btw, yes, my Joy-Con sometimes drifts too.

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  5. I see only 2 people here know how law works. The sad part is if people weren’t so quick to jump on a lawsuit, Nintendo probably would have been far more open with the problem.

    Liked by 3 people

  6. These Joy-Cons issues has been a thing for 5 months now after Nintendo Switch was release worldwide. I never thought i would be saying this but I hope Nintendo figure out some where to stop these type of issues in the future. Sure spending money on getting new Joy-Cons is ok but sometimes its not because people want to keep the same Joy-Cons they had on launch day.

    Some consumers and families still criticizing the drift issues as of Today. Also yes, my Joy-Con sometimes drifts too if there repair shop is open now.

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    1. The argument doesn’t exist yet. Everyone here is reacting to something Nintendo *MIGHT* argue……mostly because of misleading reporting by the site. The argument would probably be that it isn’t a problem in part *because* they offered to fix it for free. Although you’ve just run across the exact reason why Nintendo would deny there is a drift problem entirely. The second they make any admission of anything, opposing lawyers will do precisely what you just did.

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      1. Yeah I feel like some people aren’t actually reading the article title, as it stated as a rumor too, also they fix them for free so the statement of nintendo not believing the joy-con drift isn’t a real problem is automatic deonfirmed.

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  7. How can you deny it’s real? Pretty sure more Switch owners have complained about it than the ones who never experience it at this point. I’ve had two joycons pairs starting to drift the last few months after 3 years of never experiencing it.

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  8. It is unfortunate that Nintendo has changed so much over the years. I have an original Gameboy I’ve had since I was quite a tiny child, it not only survived my childhood recklessness but it still works perfectly now and I still play it. The quality of it and other Nintendo products of the past are incredibly high. Fast forward to now, the main Nintendo consoles are the Switch and 3ds. BOTH of which have quality issues. Everyone knows the Switch joycon drift issue, EVERYONE knows it lol. For Nintendo to even suggest otherwise isn’t even a jhoke, it’s just stupid and irresponsible. Now for 3ds, which is still my favorite console. The hinge on the original model 3dsXL is highly problematic even for a responsible adult. I was obsessively careful and it still eventually cracked and then shattered leaving my console in 2 pieces joined only by a ribbon of wires. I glued it permanent open position and yes it works still but it’s upsetting to say the least. I’m far from the only person to have this issue. I then got an original model 2ds…the one piece non folding model. Honestly I love it, it feels VERY durable and has no flimsy parts to break. Sadly you cannot get any other models in this form. I recently got the only NEW model 3ds still being sold, the “new” 2ds XL in (GameCube) purple with silver trim. It’s design is sadly not anything like the first 2ds and every day I worry about the hinge….will any of these models last for 20 years like by Gameboy? Doubtful and quite sad. You can do better Nintendo.

    Note: the “new” 2ds XL does have a better designed “hinge system” than the original 3dsXL that suffered many problems has. Its surface area strain is very different and seems to be far less susceptible to breaking, but I still dislike the design very much. Was a one piece “new” 2ds really too much to ask for?

    Like

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