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American judge dismisses Joycon-drift lawsuit based on the user's acceptance of the EULA
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<blockquote data-quote="Foxi4" data-source="post: 10067445" data-attributes="member: 203855"><p>They don’t affect your statutory rights, but they do dictate terms of engagement. If you agree that before suing, you will go through arbitration first, and then you don’t go through arbitration first, you’re the one in violation. The EULA can’t strip you of your consumer rights, but it is an agreement. In the same way, you can’t sign any contract that contains clauses which are illegal (well, you can, but they’re unenforceable and can make the contract null and void), but once you’ve signed a legal contract, it is binding to both parties. In effect, Nintendo offered a path via which such issues should be handled, they were willing to discuss and possibly provide remedy as long as the venue was of their choosing, and that offer was ignored. When the adults sued, they were suing in the wrong venue and they didn’t go through arbitration, so there was an avenue of getting remedy that they skipped - no standing. That’s why they moved away from the suit - the minors couldn’t legally agree to anything, including an EULA. With that being said, they also didn’t buy the units, so they have no standing either - you can’t sue for damages based on something you don’t own.</p></blockquote><p></p>
[QUOTE="Foxi4, post: 10067445, member: 203855"] They don’t affect your statutory rights, but they do dictate terms of engagement. If you agree that before suing, you will go through arbitration first, and then you don’t go through arbitration first, you’re the one in violation. The EULA can’t strip you of your consumer rights, but it is an agreement. In the same way, you can’t sign any contract that contains clauses which are illegal (well, you can, but they’re unenforceable and can make the contract null and void), but once you’ve signed a legal contract, it is binding to both parties. In effect, Nintendo offered a path via which such issues should be handled, they were willing to discuss and possibly provide remedy as long as the venue was of their choosing, and that offer was ignored. When the adults sued, they were suing in the wrong venue and they didn’t go through arbitration, so there was an avenue of getting remedy that they skipped - no standing. That’s why they moved away from the suit - the minors couldn’t legally agree to anything, including an EULA. With that being said, they also didn’t buy the units, so they have no standing either - you can’t sue for damages based on something you don’t own. [/QUOTE]
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