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Nintendo Slapped With Wiimote Strap Lawsuit Once Again

Soulskill posted more than 5 years ago | from the it's-not-a-hula-hoop dept.

Input Devices 356

GameCyteSean writes "GameCyte is reporting that a new class-action lawsuit has challenged Nintendo's Wiimote straps once more. Interestingly, the suit was filed by the same lawyer who led the original 2006 attempt, and now argues that Nintendo hid records of broken TVs from the Consumer Product Safety Commission. From the article: 'This doesn't seem like a spurious accusation, either. Attached to the court filing (PDF) as a matter of public record is the very evidence Nintendo allegedly tried to hide: actual, internal Nintendo documents (PDF) where customer service reps received complaints of cracked televisions and broken Wiimote straps — and the corresponding Monthly Reports that Nintendo was compelled to file with the CPSC as part of their agreement.'"

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356 comments

Get a life (5, Insightful)

mlwmohawk (801821) | more than 5 years ago | (#26086563)

Seriously, if you break your TV with a remote, its your fault.

Re:Get a life (5, Funny)

Anonymous Coward | more than 5 years ago | (#26086649)

This is how I picture the origins of the lawsuit: Some guy is playing a Star Wars game. He wants to make Obi-Wan do the force throw thing with his lightsaber, knowing that Obi-Wan's saber will fly back to him. So, he figures that if you need to swing the Wiimote to swing the lightsaber, logically, you must also throw the Wiimote to throw the lightsaber, and it, like the lightsaber, will return to his hand. Unfortunately, physics rears its ugly head, and he discovers that this is not the case, and decides that Nintendo owes him a new TV.

Re:Get a life (1, Insightful)

Anonymous Coward | more than 5 years ago | (#26086665)

So, you think the average Star Wars nerd is more suspectible to this than the average jock. Really?

Re:Get a life (5, Funny)

Anonymous Coward | more than 5 years ago | (#26086759)

Perhaps, although it would seem the average /. nerd isn't very susceptible to jokes.

Re:Get a life (4, Interesting)

Lemmy Caution (8378) | more than 5 years ago | (#26087335)

Say what you will about jocks, but they probably have a better practical grasp on the behavior of bodies in real-world space, and the coordination to avoid tossing a Wiimote into a television set.

Re:Get a life (1)

deniable (76198) | more than 5 years ago | (#26086679)

Force Unleashed came out this year and the first lawsuit came out not long after the Wii was released. I'd imagine it was more people bowling or pitching in baseball.

Re:Get a life (5, Funny)

Anonymous Coward | more than 5 years ago | (#26087239)

This is how I picture the origins of the lawsuit: Some guy is playing a Star Wars game. He wants to make Obi-Wan do the force throw thing with his lightsaber, knowing that Obi-Wan's saber will fly back to him. So, he figures that if you need to swing the Wiimote to swing the lightsaber, logically, you must also throw the Wiimote to throw the lightsaber, and it, like the lightsaber, will return to his hand. Unfortunately, physics rears its ugly head, and he discovers that this is not the case, and decides that Nintendo owes him a new TV.

That makes more sense. My first reaction was he was playing a porn game and got too excited.

Posting AC so my wife won't hit me.

Re:Get a life (0)

Anonymous Coward | more than 5 years ago | (#26087465)

Mod +1 Pussy.

Re:Get a life (5, Insightful)

jcr (53032) | more than 5 years ago | (#26087371)

It all started when he was a little kid and he dropped his ice cream. His mommy immediately gave him another one to make him quit crying.

-jcr

Re:Get a life (1)

sortius_nod (1080919) | more than 5 years ago | (#26087547)

I use a projector on a solid cement wall... maybe that's the answer for these people. At least it will cost Nintendo less to replace controllers than to replace LCD/Plasma TVs.

Re:Get a life (5, Funny)

cjfs (1253208) | more than 5 years ago | (#26086711)

Seriously, if you break your TV with a remote, its your fault.

I disagree. Clearly my inability to hold on to a remote with my greasy cheetos-covered hand is a fundamental online rights issue. Hence the tags for this story.

Re:Get a life (-1, Offtopic)

Anonymous Coward | more than 5 years ago | (#26087027)

I am writing this to inform Slashdot that, no, I did not RTFA. I didn't bother to read the comment I am replying to. In fact, I didn't even bother reading the RSS feed I randomly clicked on to get here.

I Win.

Re:Get a life (3, Insightful)

Anonymous Coward | more than 5 years ago | (#26087087)

It's not that they just whipped the remote at the T.V, it's the fact that they all had it attached to their wrist so even if you let go, it won't go anywhere (ideally). The lawsuit is over the wristband itself being nothing more than a false sense of security.

Re:Get a life (1)

ILuvRamen (1026668) | more than 5 years ago | (#26087563)

amen to that! I finally played with a Wii a couple weeks ago (yeah, yeah, my friends and I are poor) and my first thought was holy crap, a monkey could hold onto this thing. After reading all the stuff here about it, I thought they'd be coated with teflon and self lubricating with WD-40 or something. When you're playing real tennis or golf, how often do you let your real club or raquet go flying out of your hands? And better yet, should you sue the makers because they didn't provide a wrist strap for it. You can sure as hell do more damage by a golf driver going flying at like 60MPH! I don't think the most uncoordinated humans on the planet should be embarrassing themselves by suing over letting their wiimote go.

I'm dubious about this. (5, Insightful)

nhaines (622289) | more than 5 years ago | (#26086569)

Frankly, I've dropped my Wii remote a total of once, maybe twice. And I mean I let go of it while standing idle. None of my family was confused about whether they should throw the remote, and the only ones I've had to deal with were my godchildren who liked to swing the remotes while idle, and not let go while playing.

I don't find the remotes particularly difficult to grasp, and while I have replacement straps, I still have the originals on the remotes. As much as I feel bad for anyone who accidentally threw a remote through a window, lamp, or TV, I just have difficulty believing that somehow Nintendo is to blame for this, or that they should be liable.

Re:I'm dubious about this. (1)

Nulifier (1227312) | more than 5 years ago | (#26086803)

I agree the idea of suing someone for you breaking your own TV is quite ridiculous.

If I throw a brick through my TV should the brick company be liable?

Soon there will be a ream of lawsuits of people who threw their PS3/Xbox controllers through the screen in frustration at a game.

Re:I'm dubious about this. (1, Interesting)

Anonymous Coward | more than 5 years ago | (#26086821)

If the Wiimote had no strap then you'd have a point, however the Wiimote does have a strap, which implies that one is needed, which implies that someone can sue if it malfunctions/breaks.

Re:I'm dubious about this. (3, Insightful)

Karl0Erik (1138443) | more than 5 years ago | (#26087355)

So by your logic they wouldn't be liable if they hadn't supplied a strap despite the fact that this would have caused [i]more[/i] accidents, not less? In other words, car companies become liable for damages caused by car accidents because they have included seatbelts? Legally, you might have a point in that this indicates Nintendo considering this a potential problem and thus, legamagically, they are liable for said problem, but are you really saying that taking steps to prevent morons with cheeto-covered hands from destroying their TV because of overenthusiasm makes them liable for a TV that is destroyed despite their efforts? Does this mean that I could be charged with battery/murder/criminal charges if I try to help out a guy being beat up on the street, chase the attackers away but still fail to prevent him from dying in the hospital later? Why, exactly, does recognizing that if your customers act like morons and ignore the guidelines you suggest they might cause problems for themselves and making a small effort to prevent some of these problems make you a bad, bad company?

Re:I'm dubious about this. (1)

shadanan (806810) | more than 5 years ago | (#26087489)

IANAL, but the analogy is flawed. The car company may in fact be liable if the seatbelts malfunction. In this case, Nintendo is being sued because the safety strap malfunctioned.

Not that I disagree with you; I have no sympathy for people who destroyed their television by pelting a Wiimote at it.

Re:I'm dubious about this. (4, Informative)

Antique Geekmeister (740220) | more than 5 years ago | (#26086943)

Just like the idea of suing McDonald's for spilling hot coffee in your own lap, it sounds silly until you look at the pattern.

* The directions for the Wiimote encourage robust swinging of the control for various games, such as tennis, basketball, and exercise programs.
* Kids, whose coordination is not that good and whose hands are not that strong, are encouraged to play with these things. This makes such accidents far more likely.
* Nintendo had already received a number of complaints about the straps, but continued to sell the flimsy versions.
* Nintendo hid the complaints in the previous lawsuit, which is a violation of the relevant 'discovery' procedures that their own lawyers should have prevented.
* The new strap apparently also fails.

That's more than enough for a reasonable lawsuit holding Nintendo liable for destructions that they knew were not rare, and which they apparently lied about the existence of. It's not like throwing a brick: it's like a hammer with such a slick handle, it's likely to slip from your hands.

Re:I'm dubious about this. (5, Insightful)

Free the Cowards (1280296) | more than 5 years ago | (#26086963)

And just like the McDonald's coffee lawsuit, it continues to sound silly even after becoming familiar with all the facts.

Re:I'm dubious about this. (2, Interesting)

Arker (91948) | more than 5 years ago | (#26087099)

And just like the McDonald's coffee lawsuit, it continues to sound silly even after becoming familiar with all the facts.

Hear hear! I'm so sick of the incessant and ludicrous attempts to defend that nonsense.

Re:I'm dubious about this. (1)

XnavxeMiyyep (782119) | more than 5 years ago | (#26087015)

If I were to throw a baseball and it broke a window or hit someone in the head, should I be able to sue the baseball company? It's INTENDED to leave my hands at a high speed in an outdoor environment.

Re:I'm dubious about this. (1, Insightful)

Anonymous Coward | more than 5 years ago | (#26087045)

and the wiimote is intended to NOT leave your hands.

Re:I'm dubious about this. (1)

TapeCutter (624760) | more than 5 years ago | (#26087063)

Of course you should be able to sue but it would be unfortunate if you were able to win.

Re:I'm dubious about this. (5, Insightful)

Anonymous Coward | more than 5 years ago | (#26087091)

It's INTENDED to leave my hands at a high speed in an outdoor environment.

The Wii remote is not intended to leave your hands at any speed, it is also not intended for use in an outdoor environment.

You might as well complain that the Wii remote can't be used as a kitchen utensil, despite the implied promise made by Cooking Mama.

I don't think Nintendo should be held liable for people who throw their remotes, any more than they should be liable for damages caused by other misuses, like stirring cake batter.

However, if they really have hidden evidence from the court, as they are accused of, then they should be punished for that.

Re:I'm dubious about this. (1)

pembo13 (770295) | more than 5 years ago | (#26087343)

Yes, obviously it's the Japanese company's fault that an American can't hold on to a device. Even if Nintendo specifically had instructions on a game saying to fling control at screen, you'd still be an idiot for doing so. The controller shouldn't even have needed a strap in the first place. Its not likely the control has its on propulsion system.

Re:I'm dubious about this. (1)

Elrond, Duke of URL (2657) | more than 5 years ago | (#26087113)

I think a better analogy would be yo-yos. They've got strings and they attach to your hand and, depending on what tricks you do with them, you can be throwing them or swinging them. Common sense says that if the string breaks and the yo-yo hits a TV or a vase, the manufacturer probably isn't liable.

It's not the same, obviously, since a Wiimote is meant to be used near a TV, but the strap is for accidents. It's not meant to protect you from yourself. Throwing the Wiimote like a fastball is just asking for trouble.

The way it happens (4, Funny)

QuantumG (50515) | more than 5 years ago | (#26086573)

One of our friends brought her boyfriend over the other day.. he'd heard of the Wii but never played it, so we fired up WiiSports for him. While playing "Tennis" I watched in amusement as he hit his hand into the wall, then my coffee table, then he tripped over the recliner, then he nearly hit his girlfriend in the head. While playing "Bowling" he hit *himself* in the head with the remote. I *could* have told him that such large movements are unnecessary but that would have took away his fun, and I wouldn't be able to laugh at him beating himself up. Some people just have problems with the whole augmented-sense-of-self thing.

Re:The way it happens (5, Funny)

zappepcs (820751) | more than 5 years ago | (#26086595)

Sorry, but your friend's boyfriend should probably not be trusted with sharp objects, or to be alone in the pool and other things you don't like to see 1 year olds do. I don't care how manly you think you might be, if you can admit you have injured yourself playing a video game, you're not manly.

The Wii might be showing us who should move on to procreate and who should not for the next big step in evolution of mankind.

Re:The way it happens (4, Funny)

Mr. Underbridge (666784) | more than 5 years ago | (#26086633)

One of our friends brought her boyfriend over the other day.. he'd heard of the Wii but never played it, so we fired up WiiSports for him. While playing "Tennis" I watched in amusement as he hit his hand into the wall, then my coffee table, then he tripped over the recliner, then he nearly hit his girlfriend in the head.

Good Christ, for her sake I hope he's better in bed. Unfortunately, though, I have a feeling that's some fearsome awful sex.

Re:The way it happens (5, Funny)

Anonymous Coward | more than 5 years ago | (#26086655)

I put on my wizard hat...

Re:The way it happens (2, Funny)

Anonymous Coward | more than 5 years ago | (#26086867)

Well, if he can't handle his Wiimote, chances are he can't handle his Weemote.

Re:The way it happens (1)

deniable (76198) | more than 5 years ago | (#26086643)

I wonder if those Funny Home Video shows will have a Wii special at some point. It's just made for it.

Okay... (5, Insightful)

Penguinisto (415985) | more than 5 years ago | (#26086615)

A lawsuit @ Nintendo because someone (or rather, plural someones) was (were) dumb enough to toss a remote hard enough to crack a television set!?...

Seriously.

WTF?

Now, if'n y'all don't mind, I have to go sue the folks who make Red Bull now, since their cans weren't shaped in a way to prevent me from dropping it on the table and accidentally soaking my laptop while absorbing the sheer chutzpah of the ambulance-chaser's commentary in the referenced article.

/P

Re:Okay... (5, Informative)

deniable (76198) | more than 5 years ago | (#26086667)

I'm in Australia and some of us refer to the new Wiimotes with the heavily padded 'jacket' and beefy strap as Americanized Wiimotes. Sorry to you Americans who have to live amongst these people.

Re:Okay... (1)

caitsith01 (606117) | more than 5 years ago | (#26086747)

Now, if'n y'all don't mind, I have to go sue the folks who make Red Bull now, since their cans weren't shaped in a way to prevent me from dropping it on the table and accidentally soaking my laptop while absorbing the sheer chutzpah of the ambulance-chaser's commentary in the referenced article.

I agree that this lawsuit is stupid.

However, to play devil's advocate, the Red Bull folks don't encourage you to stand directly in front of your TV with a can in your hands, spinning and waving your arms in a rapid and excited fashion in relation to things which are happening on the screen, occasionally flicking the can towards the TV or simulating a throw with it whilst it is tethered to your wrist by a small and, it seems, breakable strap.

So your analogy is not totally valid. People who do this are still stupid. But there is a higher risk of a Wii-mote breaking something you own in this fashion in something close to what can be described as 'normal' use than most other similarly sized and weighted objects.

Re:Okay... (0)

Anonymous Coward | more than 5 years ago | (#26087625)

No.. the red bull people just encourage you to drink up and attempt to fly.

-1, Flamebait (-1, Troll)

adolf (21054) | more than 5 years ago | (#26086771)

chutzpah

What are you, Jewish? Begone with you and your Yiddish, to the gas chamber!

[ObDisclaimer: Sarcasm. Dark humor. But I've got plenty of karma to burn, and next week, I'll still have more mod points to than you. I expect that the forthcoming discussion, coupled with my 5-digit Slashdot UID of "adolf," will be far more meaningful than anything which might otherwise appear in this ill-placed and laughable YRO article. (Isn't this the sort of article that idle.slashdot.org is for?) Feel free to disagree and discuss, below.]

Re:-1, Flamebait (1, Insightful)

Anonymous Coward | more than 5 years ago | (#26086883)

Why the F is the parent modded "3, Insightful"? Congrats for identifying Yiddish, tho it's a shame your parent's had kids that lived. Hopefully nobody tries to put 6million of your relatives "in the gas chamber."

Re:-1, Flamebait (1, Insightful)

Anonymous Coward | more than 5 years ago | (#26086999)

I expect that the forthcoming discussion... will be far more meaningful than anything which might otherwise appear in this ill-placed and laughable YRO article.

All right, new /. rule: Whenever a story is sufficiently irrelevant, we pick a random historical event and discuss the hell out of it.

Re:Okay... (1)

The Grim Reefer2 (1195989) | more than 5 years ago | (#26086889)

A lawsuit @ Nintendo because someone (or rather, plural someones) was (were) dumb enough to toss a remote hard enough to crack a television set!?...

Seriously.

WTF?

I'll admit that I didn't read the article, nor have I ever held a Wii remote. But depending on the type of TV, it's certainly plausible. I don't think anything short of a hammer could break my 10 year old Trinitron screen. But the screen on my LCD is a different story I think. I don't believe the screen on a plasma would fair much better, and a rear projection screen would fair pretty bad as well. I do agree with you about the stupidity of the lawsuit though.

Hmm (-1, Redundant)

Anonymous Coward | more than 5 years ago | (#26086625)

You know, the title of this article could be some kinky porno (without 'Lawsuit' in it. (only if it involves Larry))

Wii Sports still safer than doing real sport (2, Interesting)

Anonymous Coward | more than 5 years ago | (#26086641)

The wii allows you to play golf without being hit by other player's balls.
The wii allows you to box with a friend without fracturing his head.
The wii allows you to play baseball without being hit by the bat.

Seriously, even sleeping on a mattress is dangerous. 40% of people die while sleeping. How many while playing the wii?

Re:Wii Sports still safer than doing real sport (4, Funny)

deniable (76198) | more than 5 years ago | (#26086689)

You should look at the death rates for hospitals. Those places are freaking dangerous.

No wonder American manufacturing is screwed (5, Insightful)

freedom_india (780002) | more than 5 years ago | (#26086661)

Companies get sued because customers misuse and abuse the product to the point of breaking their own things carelessly.
I wonder what would have happen if Edison were to invent the lightbulb today:
1) The Association of Candle Manufacturers(ACM) and Gas Lamps Association(GLA) would jointly conduct a sit-in strike in front of Edison's home and plants.
2) The ACM would sue Edison for producing a product that's capable of killing someone. The OSHA conducts a raid on Edison's plant, followed by an FCC investigation.
3) The GLA lobbies congress for relief. Congresscritters DeLay and Pelosi go on record stating that Edison's electric light will result in the loss of jobs for 37,300 people directly while affecting the lives of 1.3 Million employers indirectly.
4) Edison approaches SCOTUS for relief. SCOTUS grants Edison relief stating that Progress cannot be stopped.
5) Rep Vern Buchanan and Sen. Ted Stevens together sponsor a resolution calling for a $1.3 billion bailout of the Candle Makers of USA.
5(a) The GLA sues the US Govt for excluding them from the bailout.
5(b) Hillary Clinton includes GLA into the bailout with a silent slip-in into a spending bill.
6) The FCC commissioner rules that Electricity is dangerous to health and that electric lamps are prone to be broken. Forces Edison to include HUGE warnings on each packet.
7) Edison sets up DC stations and powers Congress and Senate with electric lamps to show the congress the progress that can be made. he claims it can be always "Day" for congress.
8) Congress critters not used to working long hours, silently include a bill that forces states to individually certify that 10,000 volts of DC will not kill a man for Edison's lamps to be sold. 43 states refuse. Alaska's Palin approves Edison's lamps and charges oil companies with paying for same. Orders are sealed.
9) The children of GLA makers hold a massive rally in Washington demanding schooling and lunch relief.
10) Bush calls upon Congress to pass a law that outlaws Electric lamps under intense pressure from lobbyists.
11) Obama calls Bush a roadblock to progress and exhorts congress to reject such a law.
12) A GLA dealer in MN holds a BIG rally announcing providing free gas lamps for all who sign Edison is a public enemy.
13) Edison is sued in Alaska by 100 residents who claim that throwing the lamp on the floor caused them injuries. The case is taken up by FOX News and O'reilly states Edison is a pinhead.
14) Edison beats the lawsuit at tremendous cost.
15) AIG Refuses to extend insurance cover to Edison under pressure from congress.
16) Edison renounces US citizenship and migrates to China.

Re:No wonder American manufacturing is screwed (-1, Troll)

Anonymous Coward | more than 5 years ago | (#26086927)

17) Edison & Tesla fight on the Jerry Springer show. PLEASE.

Re:No wonder American manufacturing is screwed (0, Offtopic)

Pinckney (1098477) | more than 5 years ago | (#26086989)

And yet compact fluorescents are moving onto the market with little resistance.

Re:No wonder American manufacturing is screwed (2, Insightful)

novakyu (636495) | more than 5 years ago | (#26087121)

And yet compact fluorescents are moving onto the market with little resistance.

Because the same people who have been making incandescent light bulb are also making compact fluorescent bulbs. That wouldn't have been the case for the candle to light bulb transition.

If you need a car analogy, GM workers do not protest or resist the newest GM models. They, however, do protest Japanese imports, if they can.

Re:No wonder American manufacturing is screwed (0)

Anonymous Coward | more than 5 years ago | (#26087611)

And yet compact fluorescents are moving onto the market with little resistance.

*Whoosh*

Re:No wonder American manufacturing is screwed (1)

S-100 (1295224) | more than 5 years ago | (#26087331)

A much shorter version of this was part of a Rush Limbaugh jag many years ago. His point was that if Edison were to invent the light bulb today, Dan Rather would report in somber tones a "death blow to the candle industry".

Rewards for reading the links. (0)

Anonymous Coward | more than 5 years ago | (#26086685)

I quote on page 2 of the last pdf linked in summary.

Casamassina:Yeah. Listen to Bozon. He has a lot of Experience with strap ons. So listen to him.

Shouldn't have to tell people to not throw things (4, Insightful)

pembo13 (770295) | more than 5 years ago | (#26086687)

No company should be held legally responsible for the commonsense of their customers. Nintendo really shouldn't have to tell their customers not to throw the _remote_ controller at the television. It's not like tennis players routinely go kill bystanders with their flying rackets.

Re:Shouldn't have to tell people to not throw thin (4, Insightful)

theillien2 (1426175) | more than 5 years ago | (#26086835)

You'd think. But then, it's morons like these folks that cause there to be stickers all over everyday objects telling us how and how not to use them.

I'm surprised we haven't seen any court cases by people who wiped their asses so hard the paper ripped and they got shit on their hands.

Re:Shouldn't have to tell people to not throw thin (1)

AmberBlackCat (829689) | more than 5 years ago | (#26086935)

As long as we're being ridiculous, maybe they should sue the TV manufacturers for making screens so fragile. They'll be forced to make LCD panels out of the same glass used in windshields.

Re:Shouldn't have to tell people to not throw thin (1)

deniable (76198) | more than 5 years ago | (#26086981)

And then we can sue the makers of wall mounts that can't handle the weight. After that, builders.

Re:Shouldn't have to tell people to not throw thin (1)

Gordonjcp (186804) | more than 5 years ago | (#26087495)

If I can't pull myself clear of the ground on the bracket - be it for lighting, TVs or aerials (I mount up some pretty big aerials), then it's not strong enough. I haven't come across a plasma TV that weighs more than 100kg yet, although I don't doubt they exist.

Re:Shouldn't have to tell people to not throw thin (1)

deniable (76198) | more than 5 years ago | (#26087527)

I was talking in terms of the GP post that mentioned replacing the plastic in an LCD with wind-shield strength safety glass. That would have to have some weight. But yeah, the brackets are usually pretty tough.

Re:Shouldn't have to tell people to not throw thin (1)

XnavxeMiyyep (782119) | more than 5 years ago | (#26087029)

Everyone suing Nintendo should get one of these: http://www.youtube.com/watch?v=AAdku9YhSCI [youtube.com]

Re:Shouldn't have to tell people to not throw thin (5, Insightful)

Elrond, Duke of URL (2657) | more than 5 years ago | (#26087153)

I am left wondering if there would be any lawsuits if Nintendo had decided not to include the strap in the first place. Imagine a Wiimote with no strap and clear instructions that you not let go when making motions. If somebody tried to sue, Nintendo could say that the customer was duly warned and either a) let go or b) waved too forcefully.

Instead, they included a strap just in case and see where that has got them...

Shouldn't have told them to use the strap (2, Interesting)

Another, completely (812244) | more than 5 years ago | (#26087535)

Sure a bad strap is worse than no strap at all. It's not that the people are trying to throw it, they are using the strap to hold it in their hand, leaving their fingers free to move more quickly on the buttons. That's what the strap is for. They are using it as designed, then the strap breaks, and it has a consequence that should have been foreseen by Nintendo.

If somebody were selling deep-fry units, and included handles on the side, but the handles occasionally broke off if the unit were lifted while full of hot grease, that would be far worse than including no handles at all, right? Putting them there implies that they can reasonably be expected to work.

Finally, there is the question of hiding complaints from the court in the first suit. Even if the suit were completely stupid, you can't just hide evidence. They should have known that.

Oh the poor (greedy) babies! (0, Insightful)

Anonymous Coward | more than 5 years ago | (#26086695)

Oh for fuck's sake. If you're stupid enough to think that throwing the Wiimote around at full force is going to make you "win" (or better yet, literally tossing it out of your hand like a baseball in Wii Sports with the assumption that the strap doesn't either slip off or snap), it's your own damn fault that you're unable to play responsibly.

Of course, I'm giving these people too much credit. They're greedy assholes, not idiots. It's all about mooching off an insanely successful product with a dollar sign target on the back of its head.

Now if you'll excuse me, I'm off to sue McDonalds for making me too fat and BlackBerry for making me commit manslaughter while I was texting.

Next big class action (-1, Redundant)

Anonymous Coward | more than 5 years ago | (#26086809)

At what point does Smith and Wesson get sued for a crime commited with one of their guns? Or better yet, at what point does Ford Motor Company get sued for their vehicles being involved in accidents?

Ha. (1)

damuhatori (1203278) | more than 5 years ago | (#26086823)

Nintendo should make the wiimote's body out of cell foam (like the pool noodle toys) and recall all of the original wiimotes. It would probably be cheaper than all the lawsuits.

Game Retards (0)

Anonymous Coward | more than 5 years ago | (#26086857)

You have to be an absolute game retard to a) sue nintendo and b) use full 'life-like' action motions to play wii-sports or similar games. The accelerometers do not actually work as well with a full life-like motion.

Even if some straps are somewhat faulty - they are only a precaution. These dumb hicks that buy wii's should tape the wiimote to their hand or their forehead.

Equally, US Lawyers should actually get a life and persue real crimes instead trying to cash in.

Up-next, Nintendo Wiimote violates DMCA and patents... presented by the same laywer.

Strapless (4, Insightful)

enoz (1181117) | more than 5 years ago | (#26086879)

I wonder if this scenario could have existed if Nintendo had decided not to include a strap on the remote in the first place.

Re:Strapless (1)

the_raptor (652941) | more than 5 years ago | (#26087583)

Exactly what I was about to post. This idiot lawsuit exists because Nintendo "knew about the problem, and didn't take sufficient measures".

If they invented kitchen knives in today's legal eta, they would have a 100kg enclosure (securely bolted to the bench) that allowed only enough room for the insertion of vegetables, and had a system to detect human fingers before allowing actuation of the blade.

COME ON! GIVE IT UP! (2, Insightful)

ryanw (131814) | more than 5 years ago | (#26086913)

Seriously. Class action suites against ANY company (even microsoft) are horrible!! The person with the "broken tv set" ends up getting $0.02 while the lawyers end up making $2 million+. Attorneys end up looking for smoking guns to make quick bucks. One could argue that the attorneys are fighting for the rights of the people and helping to protect us from further harm. But if this was the honest truth then everyone who had a broken TV or files part of the lawsuit should get a new TV out of it instead of giving all the money to the attorneys and pennies to those who were wrongfully harmed.

Drunks (2, Insightful)

erikharrison (633719) | more than 5 years ago | (#26086937)

Wii games seem to be played almost exclusively by little kids, old ladies, and drunk college guys who spent too much goddamn money on a giant ass fucking TV instead of paying student loans, and feel constantly entitled.

This is why WiiBeerPong (or whatever it's called now) was brilliant in its identification of a market niche.

You also don't need a lot of people to agree to fault Nintendo for a class action lawsuit. A lawyer just needs a couple of guys and the reasonable belief that he'll get paid, and he can stir up a lawsuit on behalf of everyone who broke something without their consent.

Thats odd... (0)

Anonymous Coward | more than 5 years ago | (#26087049)

I play with my wii almost on a daily basis, and I have yet to damage any of the televisions that I own. Though, I have ruined a few sets of good sheets :(

a warning label would have saved them money (2, Interesting)

ffflala (793437) | more than 5 years ago | (#26087085)

Isn't the problem that these things slipped out of peoples' hands while they were using it as they were supposed to?

Maybe it's just because I finished up a torts class, but it's not a huge stretch of the imagination to anticipate wiimotes flying all over the place and breaking things.

And as stupid as tort law seems when someone say, throws a wiimote into a television screen and blames Nintendo, there's an easy precaution. Nintendo could have put some clear warnings along with the wiimotes, something like "be careful not to let these fly out of your hands and break the tv, window, mirrors, or your commemorative plate collection."

The two stupid assumptions cancel each other out in tort law. It's assumed that people pay attention to these ridiculously inclusive warnings, and it's assumed that a manufacturer is responsible when people slap themselves in the face with a product (if there weren't instructions not to.)

THAT is why you find things like labels on cans of peanuts that read: "warning: contains peanuts."

Re:a warning label would have saved them money (4, Informative)

LiENUS (207736) | more than 5 years ago | (#26087265)

And as stupid as tort law seems when someone say, throws a wiimote into a television screen and blames Nintendo, there's an easy precaution. Nintendo could have put some clear warnings along with the wiimotes, something like "be careful not to let these fly out of your hands and break the tv, window, mirrors, or your commemorative plate collection."

You obviously don't own a Wii. Every game I've played has a goofy little screen that comes up when you start the game with a picture of a guy whacking his tv and the person behind him with the wiimote and a warning saying not to let the thing come out of your hand.

Get a grip (5, Funny)

Anonymous Coward | more than 5 years ago | (#26087149)

Nintendo is being sued because people are too stupid to hold on to a chunk of plastic? These people need to get a grip.

Wii is a great device! (1)

Sepiraph (1162995) | more than 5 years ago | (#26087173)

As a society, we should really applaud the Wii as being a device that is capable of distinguishing who the morons are and hopefully we can pass a law to outlaw the same said people to not breed ever. Seriously I dont care if you are twelve or 90, if you don't understand the fact that if you throw something it will break things, IMO you dont deserve to breed.

What about a "false advertising" suit? (0)

Anonymous Coward | more than 5 years ago | (#26087225)

You know, to punish them for calling their product fun or worthwhile.

Flying objetcs (3, Funny)

TheP4st (1164315) | more than 5 years ago | (#26087241)

Is Ballmer one of the plaintiffs in the class action suit?

Hey, you all knew it was coming.

Old Wrist Straps (0)

Anonymous Coward | more than 5 years ago | (#26087471)

The main issue here is when the Wii Remotes were released with the original wrist strap, Nintendo knew that there were a percentage of straps that would actually break from standard use. For example when playing Wii Bowling and swinging the remote upwards, the wrist strap would break at the top where the plastic peice of the strap held the wrist material.

A few months later after continuous reports of wrist straps snapping in this manner, Nintendo released the upgraded wrist straps for free.

A redesign needed (1)

miniskunk (1116621) | more than 5 years ago | (#26087603)

I can see a new opportunity for a new peripheral. The WiiScreen! You place this plexiglass screen in front of the TV and no more busted TVs! Seriously, the real issue here is Nintendo and game programmers designed the games to be played in a manner that has resulted in accidents. Toning down the amount of movement needed by a game would be a solution, another might be a more ergonomically designed controller or rubberized grip, or using a steel cable not nylon to secure the controller better. These few simple modifications would add only a small additional cost to the manufacturing process in my estimation. In fact as much as they charge for them, they wouldn't need to change the price given how much profit they make on them.

nylon cord (0)

Anonymous Coward | more than 5 years ago | (#26087649)

For exhibit one i would like to take this lawyer his wrist with a wiimote strap and put these in a hydraulic tensile strength test machine. Lets see which one snaps first.

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