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Gadgets Nintendo Responds to Lawsuit
Marcus Yam (Blog) - December 21, 2006 8:41 AM
Print E-mail del.icio.us 95 comment(s) - last by XtremeM3.. on Dec 28 at 6:10 AM
Nintendo says that the lawsuit is "completely without merit."

Yesterday we reported that law firm Green Welling LLP filed a nationwide class action lawsuit against Nintendo of America for defective wrist straps. Nintendo has offered an official rebuttal statement to the allegations, as carried in a GamesIndustry.biz story.

“We believe the lawsuit to be completely without merit,” read Nintendo’s statement. “Nintendo has a long tradition of delivering high-quality products and excellent customer service, and we take all reports from our customers seriously.”

“At the time we became aware of the lawsuit, we had already taken appropriate steps to reinforce with consumers the proper use of the Wii Remote and had made stronger replacement wrist straps available. This suit has had no effect on those efforts,” said the company.

The class action lawsuit awaits approval from a judge. Nintendo has already responded to wrist strap worries with stronger materials and safety reminders. Last week Nintendo started offering free wrist strap replacements for all Nintendo Wii owners, allowing its users to upgrade to the safer and hopefully less accident-prone equipment.

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How do you break the strap????
By mAdMaLuDaWg on 12/21/2006 9:58:07 AM , Rating: 5
Maybe I'm not playing my Wii the right way, but how in the world does someone break the wrist strap? Or more to the point, how does someone manage to let the Wiimote slip out of their hands.

Most of the times, I don't even use the strap and yes I do go through with the full range of motions in Wii Sports. Not once has the Wii mote even come close to slipping out of my hands.

This sounds more like consumer stupidity than anything else. I wish there were some way to bar stupid people from filing lawsuits... or maybe the Wii should come with an additional warning : "System not suitable for stupid people"






RE: How do you break the strap????
By dolcraith on 12/21/2006 10:06:52 AM , Rating: 5
Its all about the astroglide and sweaty palms.


This is like people suing a chainsaw manufacturer for their chainsaws being too heavy during use and gnawing off their leg.


RE: How do you break the strap????
By FITCamaro on 12/21/2006 1:56:47 PM , Rating: 3
No its more like chainsaw manufacturers having to put "Do not use near limbs or genitals" on their chainsaws. Or Superman costume makers having to put "Costume does not enable wearer to fly" on them.

Anyway, read Penny Arcades take on this for a laugh. :)


RE: How do you break the strap????
By xphile on 12/24/2006 7:25:48 AM , Rating: 2
But it's worse than that, because what you mention is exactly what will follow. The whole issue comes down to consumer stupidity - there are warnings on the box and really no actual legal requirement for the strap in the first place. But Nintendo added one, and now have taken action to improve it.

Not everyone has the agility to be a race car driver in terms of hand/eye co-ordination. Not everyone has the intellect to be a space shuttle pilot. But some do. Most of us have pretty good intellect, and pretty good hand/ eye co-ordination. Some of us are lousy at one or both. Since the last couple of categories dont generally get to be race car drivers or shuttle pilots it isnt usually a problem, but they do all get to be Wii users. This is unavoidably problematic, much in the same way as it is when the last category of people discover a drivers license at the bottom of a packet of Fruit Loops or Frosted Flakes (and you wondered how cerals were named).

Like the first poster, my pick is that a new warning should be on the package. Mine would go: "May be unsafe for use by individuals with an IQ lower than 70. If you are unsure of your IQ it is probably below 70, please do not use this product".

But seriously, any good lawyer would be making a strong case for the fact the strap was never an absolute requirement in the first place, arguing quite rightly that if in fact it was, then all the things it mimicks should most certainly need one too - even moreso, in fact ANY sporting implement that makes motion and could accidentally be released, i.e. fishing rods, baseball bats, tennis racquets, you name it. And that if not dismissed outright, then some smart ass will get on the bandwagon and file a class action suit against the maker of his or her dining fork because it flew across the room and broke a window/vase/tv during a meal while s/he was gesticulating wildly. Like I say a good lawyer would have no trouble at all pointing out that once started something this stupid could have no end in its reach.

It's really quite ludicrous and hopefully will just be thrown out of court.


By omgitsLong on 12/21/2006 10:12:44 AM , Rating: 2
I totally agree on the quote >:D


RE: How do you break the strap????
By borowki on 12/21/2006 10:18:06 AM , Rating: 1
When you have a game which simulates the throwing of an object (i.e. Wii bowling), you have to expect that some people would let go of what they're holding in their hands. It's not stupidity, just human reflect.

The situation could have easily been avoided with a bit of product testing, so I have little sympathy for Nintendo.


By RandomFool on 12/21/2006 10:31:09 AM , Rating: 2
Hmmm... Maybe that's why they have all those warning not to let go of the wiimote and included a wrist strap to begin with?


RE: How do you break the strap????
By othercents on 12/21/2006 10:35:03 AM , Rating: 5
Product Testing?? I hope your just joking or something. Nintendo didn't have to include a strap. There are no strips on other controllers, but they did so just in case a controller slips from someone's hand. They tested the controllers based on people heeding the warnings and using the system with some care instead of reckless abandon.

The people who let go of the controller are not having human reflex especially since you don't actually throw a bowling ball at the pins. You genitally place the ball on the lane. The damage I have seen would be seen as people who normally throw the ball half way down the lane before it lands. This would be considered reckless and if it happens a lot in a bowling ally they would close your lane and ask you to leave.

Nintendo upgraded the straps because they where breaking. The only reason why they where breaking was because people were using the controller outside of what Nintendo had created them for. Just like the lady who called into Dell tech support because her coffee cup holder on her computer broke. Nintendo isn't liable for someone using their product outside of the intended purpose. And letting go of the controller was never an intended purpose.

Other


RE: How do you break the strap????
By soydeedo on 12/21/2006 10:40:51 AM , Rating: 3
quote:
...you don't actually throw a bowling ball at the pins. You genitally place the ball on the lane.
genitally? really? we'd have a lot more to worry about than broken tv's if nintendo tried to mimic this action.

sorry i couldn't resist. =P


RE: How do you break the strap????
By christianspoer on 12/21/2006 11:36:57 AM , Rating: 2
damn you beat me to it :)
hehehe


RE: How do you break the strap????
By FITCamaro on 12/21/2006 1:59:19 PM , Rating: 3
Only Chuck Norris can use his member to roll a bowling ball. It takes balls of pure steel to accomplish.


By Sulphademus on 12/21/2006 2:37:45 PM , Rating: 3
Maybe it is because I have been playing video games for 16 years or maybe it is because my hands have the capacity to grip (that is, the use of opposible digits to apply a squeezing force) but I played Wii Sports on my cousin's system and, even going whole hog with the motions in tennis and bowling, the controller never came close to slipping.

Not saying Nintendo isnt doing the right thing by making thicker straps but they are doing it for the morons. Im surprized anyone who has the strength to pick up the controller isnt strong enough to maintain a hold on it.

There is only so much stupidity that product testing can cover I suppose.


RE: How do you break the strap????
By jtrim1 on 12/21/2006 10:41:55 AM , Rating: 5
"you don't actually throw a bowling ball at the pins. You genitally place the ball on the lane."

HAHAHA, I created an account just so I could reply and quote this line.... I must say, I've never seen a bowling ball genitally placed on the lane... that's GOT to hurt.


RE: How do you break the strap????
By abhaxus on 12/21/2006 1:36:45 PM , Rating: 2
Obviously you haven't seen the deleted scenes for beerfest :)


RE: How do you break the strap????
By cperwin on 12/21/06, Rating: -1
RE: How do you break the strap????
By TimberJon on 12/21/2006 11:51:53 AM , Rating: 5
Alright smart guy, where is your industry opinion? Where were you educated, the Blog Patrol? Get all those big words from dictionary.com?

Grow the Fuck up yourself and post something worth reading. When something posted is useLESS at least we can laugh and joke about it, then someone else will pick up the article and run with it.


RE: How do you break the strap????
By cperwin on 12/21/06, Rating: -1
RE: How do you break the strap????
By cperwin on 12/21/06, Rating: -1
RE: How do you break the strap????
By masher2 (blog) on 12/21/2006 12:24:14 PM , Rating: 4
The only worse way to waste time than by posting about insignificant subjects, is to waste time by posting about how lame all the other posts are.

In short, sir, your post is overtly narcissistic and hypocritical. But thanks for dropping by.


RE: How do you break the strap????
By cperwin on 12/21/06, Rating: -1