Nintendo controversies
Controversies tied to this brand in public sources. A listing is not a finding of fault.
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2021
German court rules on Nintendo pre-order cancellation policy
Ruling
The Higher Regional Court of Frankfurt ruled that Nintendo must allow customers to cancel pre-orders until a game’s launch day.
Source excerpt
which has led to this latest ruling, handed down in the Higher Regional Court of Frankfurt on December 3.
In accordance with the court’s wishes, Nintendo must allow for the cancellation of pre-orders right up until a title’s launch day, allowing the customer the option of changing their mind at any point before a game’s official release.
2021
Nintendo apologises for Metroid Dread progression bug
Company response
Nintendo apologised for a bug in Metroid Dread that could prevent players from proceeding near the end of the game. Nintendo said it was preparing a software update to prevent the error.
Company response
Apology — Nintendo
We apologise for the inconvenience.
Source excerpt
We apologise for the inconvenience.
We are preparing a software update to prevent this error, which should be available in October 2021.
ORIGINAL STORY 15/10/21: Nintendo has apologised for a progression prevention bug in Metroid Dread.
2021
Nintendo and Colopl settle patent lawsuit
Settlement
Nintendo and Colopl reached a settlement in the lawsuit over Nintendo's claims that Colopl infringed patents in White Cat Project; the article says Colopl paid Nintendo 3.3 billion yen to end the lawsuit.
Source excerpt
Nintendo claimed Colopl infringed "the patent used for joystick opration on the top of a touch screen in a game".
The lawsuit saga between Nintendo and mobile game developer Colopl has finally reached a conclusion, as both companies announced on August 4 they reached a settlement.
Now, according to an official statement from Colopl, the company reached a settlement with Nintendo, listing an extraordinary loss of 3.3 billion Yen (around $30 million) it paid Nintendo to end the lawsuit.
2021
Nintendo wins ruling against ROMUniverse owner
Ruling
A judge ruled in Nintendo’s favor in a copyright infringement suit against the ROMUniverse owner, awarding $2.1 million in damages and $400,000 in trademark damages.
Source excerpt
As reported by TorrentFreak, a judge has ruled in Nintendo’s favor to the tune of a staggering $2.1 million.
Additionally, Storman will pay Nintendo $400,000 in total trademark damages.
In all, Storman must pay $2,115,000 in damages.
2021
Court orders damages in Nintendo lawsuit against ROM website operator
Ruling
A U.S. District Court judge ordered RomUniverse operator Matthew Storman to pay Nintendo $2.1 million in damages in a case concerning alleged copyright infringement of Nintendo titles. The judge declined to issue a permanent injunction.
Source excerpt
last week US District Court Judge, Consuelo Marshall, ordered Storman to pay Nintendo $2.1 million in damages.
The site reportedly facilitated massive online copyright infringement of many popular Nintendo titles.
2021
Court awards Nintendo $2.115 million in RomUniverse case
Ruling
A California federal court ruled largely in Nintendo's favor in its case against RomUniverse operator Matthew Storman and ordered him to pay $2,115,000 in damages. The court did not issue a permanent injunction.
Source excerpt
All in all, the court orders (pdf) the former RomUniverse operator to pay a total of $2,115,000 in damages.
Earlier this week, US District Court Judge Consuelo Marshall ruled on the matter, largely siding with Nintendo.
A California federal court ruled that the man, a Los Angeles resident, uploaded and distributed pirated Nintendo games.
2021
Nintendo files civil lawsuit against Gary Bowser
Lawsuit filed
Nintendo filed a civil lawsuit against Gary Bowser in Washington court, alleging sustained violations of the DMCA involving SX OS and circumvention devices. The complaint seeks statutory damages and injunctive relief; these are allegations, not a reported court determination.
Source excerpt
Filed in Washington court on Friday, the lawsuit describes Bowser as one of the leaders of Team-Xecuter, which in turn is described as a “pirate operation” that unlawfully manufactures and traffics for profit an “unauthorized operating system” called ‘SX OS’ and associated circumvention devices.
One of those men, Canada resident Gary Bowser, is now being sued by Nintendo in a civil lawsuit demanding damages for numerous and sustained breaches of the DMCA.
For Bowser’s alleged violations of 17 U.S.C. § 1201, Nintendo says it is entitled to the maximum statutory damages of $2,500 for each breach listed in two counts, plus costs and attorneys’ fees.
2020
Nintendo TOKYO merchandise found with incorrect origin labels
Issue disclosure
Nintendo TOKYO stocked merchandise with incorrect origin labels. A Splatoon skateboard was labeled "MADE IN JAPAN" and a Super Mario T-shirt was labeled "MADE IN," although the products were made in China. Nintendo apologized and offered refunds to customers who wanted them.
Company response
Apology — Nintendo
Nintendo has apologized for the mistake
Refund or compensation — Nintendo
are offering a refund to those who want it
Source excerpt
Nintendo has apologized for the mistake, and are offering a refund to those who want it.
Nintendo TOKYO has stocked some merch that apparently have minor issues with their labels. There's a Splatoon Skateboard that says “MADE IN JAPAN” and a Super Mario T-Shirt labeled “MADE IN”. As the products are made in China, the labels are incorrect.
2020
Nintendo wins lawsuit over go-kart business
Ruling
The article reports that Nintendo won a lawsuit against a go-kart company that advertised a “real Mario Cart” experience, obtaining a ¥50 million judgment. Nintendo viewed the company’s use of its copyrighted material as abuse of its copyright.
Source excerpt
Nintendo was obviously not amused by what it viewed as abuse of its copyright, and just won its Mario Cart lawsuit, obtaining a judgment of ¥50 million (around USD$460,000) from the company.
2020
Nintendo wins lawsuit against Mari Mobility Development
Ruling
A source headline reports that Nintendo won a 500-million-yen lawsuit against the operator of a real-life Mario Kart company. The article identifies the operator as Mari Mobility Development, formerly known as MariCar. The report does not provide further details on the parties, the claims, or the outcome beyond the headline's statement that Nintendo won the lawsuit.
The source headline reports that Nintendo won a 500-million-yen lawsuit against the operator of the real-life Mario Kart company. The article identifies the operator as Mari Mobility Development, formerly known as MariCar.
Source excerpt
Nintendo wins 500-million yen lawsuit against operator of Tokyo 'real-life Mario Kart' company
The first trial began in 2017, and now, nearly three full years later, it looks like the lawsuit is coming to a close with a massive monetary victory for Nintendo.
2020
Gamevice files a new patent-infringement complaint against Nintendo
Lawsuit filed
Gamevice filed a new patent-infringement complaint against Nintendo, alleging infringement of a patent relating to a game controller and seeking a US import block on Switch products. The supplied source reports the allegation, not a determination on its merits.
Source excerpt
the company has gone and filed a new patent-infringement complaint against Nintendo
It claims Nintendo infringed a patent it was issued in August for a game controller and is now once again asking the US to block all imports of the Switch.
2020
Nintendo files two US lawsuits over Switch circumvention devices
Lawsuit filed
In May 2020, Nintendo filed two lawsuits in United States courts against online stores that it said sold Switch hacks and modifications. According to the reports, Nintendo alleged that the devices facilitate playing pirated games, and the company sought compensation and injunctions. The lawsuits targeted the sale of circumvention devices rather than a single individual, and the reports did not specify the courts, the named defendants, the amounts sought, or any rulings. The filings represented Nintendo's legal response to the online distribution of tools it characterized as enabling piracy on its Switch console.
Nintendo filed two lawsuits in US courts targeting online stores that it says sold Switch hacks and modifications. Nintendo alleged that the devices facilitate playing pirated games and sought compensation and injunctions.
Source excerpt
Last week, the Japanese gaming giant filed two complaints in US courts, targeting nine online stores that sell Switch hacks and mods.
The videogame company is requesting compensation for the damages it has suffered. Just as importantly, however, it also requests an injunction to seize or destroy all circumvention devices.
The devices Uberchips sells violate the anti-circumvention provisions of the DMCA, Nintendo says.
2020
Nintendo discloses breach affecting 160,000 accounts
Issue disclosure
Nintendo acknowledged a data breach in which attackers exploited a legacy login system to hack 160,000 accounts. According to the report, attackers may also have accessed users' personal information. In response, Nintendo disabled sign-in to Nintendo Accounts using Nintendo Network IDs and stated that users would be notified to reset their credentials. The disclosure concerns the unauthorized access via the legacy login mechanism and the company's subsequent measures to restrict that sign-in method and prompt credential resets.
Nintendo acknowledged that attackers exploited a legacy login system to hack 160,000 accounts. The article says attackers may also have accessed users’ personal information. Nintendo disabled sign-in to Nintendo Accounts using Nintendo Network IDs and said users would be notified to reset their credentials.
Company response
Remediation — Nintendo
In response to recent incidents related to some Nintendo Accounts, it is no longer possible to sign into a Nintendo Account using a Nintendo Network ID.
Apology — Nintendo
We apologise for any inconvenience caused
Ongoing disclosure — Nintendo
Users will be notified by email to reset your Nintendo Network ID and Nintendo account.
Source excerpt
The attack was due to attackers exploiting a legacy login system.
Attackers may have also been able to access users’ nicknames, dates of birth, countries and email address information, all of which were linked with the NNID, Nintendo warned.
With users reporting suspicious activities on their Nintendo accounts, Nintendo has come forward and accepted a data breach which led to the hacking of 160000 accounts.
2020
Nintendo apologizes over Joy-Con drift
Company response
Nintendo president Shuntaro Furukawa apologized for the inconvenience caused by Joy-Con drift. He said he could not comment further because of an ongoing lawsuit. The apology addressed a widely reported issue with the Joy-Con controllers. No further details were provided due to the pending litigation.
Company response
Apology — Nintendo
During a Japanese Q+A meeting (via Nintendo Life), Nintendo president Shuntaro Furukawa finally apologized for the "inconvenience" caused by Joy-Con drift.
Source excerpt
"Regarding the Joy-Con, we apologize for any trouble caused to our customers," Furukawa said.
In case you’re somehow not aware, a fairly common complaint about the Switch’s proprietary controllers is the “drift” of the analog sticks, causing them to lose the precision needed to navigate games appropriately and instead float around on screens.
players have been reporting issues with the thumbsticks on their Joy-Cons drifting – that is, registering input when players aren't making any.
2020
UFC-Que Choisir files complaint against Nintendo over Joy-Con drift
Lawsuit filed
In 2020, the French consumer organization UFC-Que Choisir said it was suing Nintendo in France over Joy-Con drift, alleging planned obsolescence and anti-consumer practices. According to the source, the organization filed a complaint with the Public Prosecutor of Nanterre. The report describes the action as a legal complaint concerning the Joy-Con drift issue.
Source excerpt
The UFC-Que Choisir has therefore filed a complaint with the Public Prosecutor of Nanterre.
French consumer organisation UFC-Que Choisir has announced that it is suing Nintendo for "planned obsolescence and anti-consumer practices".
2020
Court resolves MariCar lawsuit in Nintendo’s favor
Ruling
Nintendo was involved in a legal dispute with the MariCar go-kart service. On December 24, 2020, the court resolved the lawsuit in Nintendo's favor. MariCar was ordered to pay Nintendo ¥50 million over intellectual-property infringement. The outcome concerned the intellectual-property claims at issue between the two parties.
The legal battle between Nintendo and the MariCar go-kart service was resolved in Nintendo’s favor on December 24, 2020. MariCar was ordered to pay Nintendo ¥50 million over intellectual-property infringement.
Source excerpt
The legal battle has been ongoing since February 2017 and was only just resolved on December 24, 2020. As a result, MariCar will need to pay Nintendo ¥50 million on the grounds of intellectual infringement.
2020
Nintendo sues influencer over Pokémon branding and merchandise
Lawsuit filed
IGN reported that Nintendo sued a TikTok influencer and OnlyFans creator over Pokémon branding and merchandise.
Source excerpt
Nintendo Sues TikTok Influencer and OnlyFans Star Over Pokemon Branding and Merch
2020
Nintendo updates disclosure on user account breach
Issue disclosure
Nintendo updated its disclosure about unauthorized access to user accounts, saying the incident may have affected 300,000 users in total. The article reports that affected account details were viewable by a third party. Nintendo said it contacted affected customers, reset passwords, discontinued Nintendo Network ID sign-in to Nintendo Accounts, and took precautionary measures.
Company response
Remediation — Nintendo
Nintendo addressed the breach, saying it has contacted those affected, and reset the Nintendo Network ID and Nintendo account passwords.
Remediation — Nintendo
We discontinued the ability to use a Nintendo Network ID to sign in to a Nintendo Account
Remediation — Nintendo
we reached out to all customers whose accounts we had reason to believe were accessed without authorisation to help them take additional steps to protect themselves.
Source excerpt
Those affected by the hack had their nicknames, email, date of birth, gender and country made viewable by a third party.
Nintendo's user account breach back in April, which at the time was thought to have affected 160,000 accounts, may have in fact involved an additional 140,000 – for a total of 300,000 users affected by the hack (via Eurogamer).
While there is no evidence that Nintendo's databases, servers or services were breached, and while we can confirm that no credit card information was compromised
2020
Nintendo wins eShop pre-order refund case
Ruling
Nintendo won a case in Europe over its refusal to allow cancellation and refunds for digital eShop pre-orders. Germany and Norway had alleged that the policy was illegal; the article says the countries may attempt to appeal.
Source excerpt
Germany and Norway alleged that Nintendo’s refusal to refund pre-orders was illegal. Nintendo has officially won the case, but the two countries may attempt to appeal.
The ruling was originally made in Norway, but as Nintendo of Europe is based in Germany it fell to a German court to make the ruling - which would apply across Europe.
Per a translation obtained by Nintendo Life, Nintendo has accepted the ruling - suggesting that changes to the process would be forthcoming, though no timeframe is available.
2019
Joy-Con drift litigation and product-durability criticism
Nintendo faced consumer complaints and lawsuits alleging that Switch Joy-Con controllers could develop unintended movement or input problems. The issue led to criticism concerning durability, repairability, and the company’s handling of affected customers.