Gizmo Cafe Blog

Nintendo Wii Class Action Lawsuit Filed

We’ve been covering the launch of two consoles this holiday season.  That means some pretty in-depth analysis of both the Sony PlayStation 3 and Nintendo Wii.  And, while we expected the more powerful PS3 to garner most of the attention, the opposite has actually become the case.  In fact, perhaps as a result of the Sony console’s limited availability, the Wii is far outselling the PS3 and has become the toy for spoiled rotten kids this Christmas. 

Unfortunately, it appears the device isn’t quite as safe as the traditional console.  Instead, its radical motion sensor technology is leaving some hapless Nintendo fans – the kind with the coordination of, well, most teenagers – bruised and embarrassed.  The fault has been a weak little wrist strap, and although cases of “Wii Elbow” are derived as much from goofball antics as faulty technology, Nintendo is about to take most of the blame.

At least, that’s the plan of Green Welling LLP, a major law firm that recently revealed a class action lawsuit against Nintendo of America.  On its website, GW lay down some seriously tough language.

“Nintendo’s failure to include a remote that is free from defects is in breach of Nintendo’s own product warranty.”

In addition, lawyers demand the game company discontinue its “unfair or deceptive business practices as it relates to the Nintendo Wii.”

Green Welling LLP and those they represent furthermore seek that Nintendo fix and then replace the Wiimotes.  That’s more salt to the wound considering the company’s other legal troubles, both related and unrelated.  For one, Nintendo recently admitted the initial Wiimote straps were weak and vowed to replace them.  On other issues, the company is facing copyright infringement accusations that it ripped off a PowerPoint presentation model devised for office purposes.

Office Wiimote?  Meeting-room Wii Elbow?  That’s one good excuse for giving the boss a black eye.

PS3 and Wii at Gizmo Shop!

Published Wednesday, December 20, 2006 2:21 PM by Brando

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Comments

 

Rick James said:

Man, quit being mad that nintendo owns this next gen
December 20, 2006 12:09 PM
 

Jose said:

What's this about Nintendo stealing a Powerpoint thing?
December 20, 2006 12:40 PM
 

Brando said:

The patent lawsuit surrounds Interlink Electronics Inc., a company out of California that alleges it first had the idea for a Wiimote-like device.  The most serious infringement on Interlink's patent may be the B trigger, located on the back of Nintendo's controller.  It's this that conflicts most with Interlink's original idea for a device that could remotely control PowerPoint presentations.  

It's pretty close on who came up with the idea first.  Interlink applied for their patent in February of 2005, not too long before Nintendo revealed the Wiimote.

Interlink is reportedly seeking undetermined compensation for lost royalties and sales.
December 20, 2006 12:57 PM
 

mr mcd said:

the powerpoint thing can be disproved to a certain degree by nintendo as they had a trigger on their n64 controller and this is mearly an evoluton from this, and that was in the mid 90's. this wouldn't get to court, and if anything they stole the "trigger" idea from nintendo then!
December 20, 2006 1:20 PM
 

Manny said:

I think that the only reason that these companies that nobody knows about are going against Nintendo is for all the money that Nintendo has been getting from the Wii.
December 20, 2006 1:39 PM
 

Dooger said:

The Wiimote seems like a natural extension of the old-school NES Zapper gun.
December 20, 2006 2:36 PM
 

xwolf12 said:

The only way the Wii remote's strap can break is if you let go of it. If you don't let go there is no strain and no break. And for those who don't use the strap at all. That's just being stupid.
December 20, 2006 6:04 PM
 

thecappsl said:

Why are people so sue happy?  Is it Nintendo's fault that people are too excited to keep the remote in there hand?  do these same people throw baseball bats and fishing rods?  I think the President of Nintendo should visit this moron that wants to sue them and laugh in his face.   Oh, and how much is he sueing for, because I'm sure his loss was in the millions!  I'm going to sue BIC because my pen fell out of my hand and broke and ink got on my pants.  (running away crying like a baby)
December 21, 2006 2:29 PM
 

thecappsl said:

also what are these people doing to make the wiimote fly out of there hands?  do they just use the wrist strap and not hang on to the actual remote.  I think I'll make a " how to secure the wii remote for dummies"  book and make millions.  
December 21, 2006 2:33 PM
 

Brando said:

Remember this is a class action lawsuit, meaning it isn't just one person.  Class action basically means a whole lot of people share the same grudge against Nintendo and its wrist strap.  That doesn't make it any less ridiculous, but it does mean there's far more than just one dude seeking money from Nintendo.
December 21, 2006 2:40 PM
 

JackyMooll said:

Who can help me with .httpaccess ?
where i can fined full information about .httpaccess file syntaxis?
February 6, 2007 9:52 AM

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About Brando

Brando's been gaming a long time. From Atari to NES to Genesis to, sigh, Game Gear, to PC to N64 to PS1 to Xbox to PS2 to Xbox 360, he's wasted a lot of time. But, isn't that the meaning of life?