While fans and users are waiting eagerly for new Nintendo games to release, Nintendo has been playing games of its own and emerging out victorious in almost all of it. Nintendo wins the lawsuit filed against the company by the German Consumer Protection Authority. So now consumers from Norway and Germany are unable to cancel pre-orders they make on the eShop.
Back in February 2018, the Norwegian Consumer Council brought up the issue with the gaming company regarding the inability to cancel pre-orders in the eShop. Similarly, at the end of the year, news came about VZBZ filing the lawsuit.
However, after more than a year of the legal battle, Nintendo has finally won the case against both the countries’ consumer laws.
Bad News for Nintendo Users.
It might be a win for the company, but for the consumers, Nintendo winning the lawsuit is terrible news. Now that the court is in favor of Nintendo, consumers from Germany and Norway won’t be able to cancel their pre-orders. Hence, when one tries to pre-order a particular game, it becomes an actual purchase. The game automatically starts to download even it is before the release date. And as it starts to download, it is “being used.”
Having refund possibilities is a part of the EU consumer law that every company follows in Europe. However, for Nintendo to take such a step might be a massive risk for the entire company. Although the court has appealed its decision, Nintendo can still carry on with their business for the time being. Because for another one and a half years, no one can take any further action regarding the issue.
Another Legal Victory for Nintendo
What started as a playing card company 130 years ago has now become a multi-billion dollar video game company. From Gameboys to Switch, it has shaped a lot of people’s childhood. Be that as it may, Nintendo has had its fair share of legal battles. Apart from the inability of pre-order cancelation, Nintendo also won an injunction against pirated games and Nintendo Switch mod seller.
Back in 2018, Nintendo filed a lawsuit against a man from California. The company accused him of modding devices and services and selling pirated games. The man, Sergio Mojarro Moreno, was hit with lawsuit months after Team-Xecuter, a hacking group, announced a Nintendo Switch hack. It allows users to run pirated games on their devices.
Nintendo also found Moreno selling memory cards containing pirated copies of Nintendo titles, Nintendo Switch mod devices. And a modified version of the NES Classic along with 800 pirated games.
Both parties have, however, agreed to settle the case. But the defendant, Moreno has to accept that Nintendo’s copyrights and trademarks are “valid and enforceable in all respects”. And acknowledge the fact that Nintendo’s technical protection measures are “valid.”
Moreno (or anyone acting on his behalf) is restrained from circumventing, offering services, and/or offering technologies, devices, or components that circumvent the companies technical protection measures.
Furthermore, the court has restrained the defendant from distributing, renting, selling, or offering unauthorized copies of Nintendo’s copyrighted works. Also, to infringe the company’s trademark or use the internet (or any digital network) to provide services to the public, which enables copyright infringement.
There are restrictions on Moreno to hack, modify, or circumvent Nintendo’s technical measures. The court has refrained him from challenging the validity or enforceability of any of Nintendo intellectual property rights or technological protection methods in any forum. Not only that, but also the court has banned Moreno from reverse engineering, any computer program or software developed by Nintendo or any of its affiliates.
Moreno needs to provide written certification to the company stating that no circumvention software, devices, and illegal copies of games were in his (or his agents’) possession at the date of injunction.
Finally, as Nintendo wins the lawsuit, the court ordered both parties to bear their own costs, including the attorneys’ fees. And, in case of any further dispute, enforce the terms of the order.