Music publishers sue roblox in $200 million copyright infringement lawsuit

The class action lawsuit alleges that the video clip game company hasn't done enough to lớn address a known problem with its controllers.

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The complaint alleges that Nintendo's Joy-Con controllers move in-game characters without the user's input.Photograph: Christos Kipouros/Alamy

A boy và his mother today filed a class action lawsuit against Nintenbởi for not doing enough khổng lồ fix a hardware problem comtháng ahy vọng Nintendo Switch controllers. It is one of several legal efforts related khổng lồ the issue of “Joy-Con drift”—a phenomenon where the Switch Joy-Con controllers make in-game characters “drift” even when notoàn thân is moving them.

The complaint, filed in Northern California, was brought by a woman named Luz Sanchez & her 9- or 10-year-old son, who, as a minor, is referred khổng lồ in court documents as M.S. The complaint describes how Sanchez purchased her son a Nintendo Switch in December 2018, when he was 8. Within a month, the complaint alleges, Sanchez’s controllers began registering in-game movement when his hands weren’t on them. Less than a year later, it says, “the Joy-Con drift became so pronounced that the controllers became inoperable for general gameplay use.” Sanchez’s mom obligingly purchased another mix of controllers, but seven months later, the complaint alleges, they began drifting too.

Joy-Con drift is pervasive sầu among muốn Switch devices. (Anecdotally, I’ve sầu experienced it on two sets of my own controllers). Characters inch left or right as if a ghost was operating the console. Nintendo didn’t acknowledge the problem much until July 2019. That month, a thread on the Nintenbởi vì Switch subreddit calling out Joy-Con drift received over 25,000 upvotes. More than a dozen Switch owners filed a potential class action lawsuit at the time calling Joy-Cons “defective.” Lawyers said Nintenvị had heard users’ complaints for long enough; why didn’t the company discđại bại the issue?


The 2019 lawsuit has been moved into lớn arbitration, & the plaintiffs' lawyers recently asked Switch users khổng lồ submit videos describing their experiences with Joy-Con drift khổng lồ help bolster their case. Last month, a French consumer group filed a complaint, too, alleging planned obsolescence.

Nintendo began fixing Joy-Cons for free, post-warranty, in July 2019, and Nintendo’s president apologized for the problem in a financial meeting this summer. But Sanchez’s lawyers argue that Nintendo hasn’t done enough khổng lồ fix the issue or warn customers about it up front. “Defendant continues khổng lồ market and sell the Products with full knowledge of the defect và without disclosing the Joy-Con Drift defect lớn consumers in its kinh doanh, promotion, or packaging,” the complaint reads. “Defendant has had a financial motive lớn conceal the defect, as it did not want khổng lồ stop selling the Products, and/or would need to expkết thúc a significant amount of money to lớn cure the defect.”

The plaintiffs are asking for over $5,000,000 in damages. Nintendo and Sanchez’s lawyers declined khổng lồ phản hồi by press time.

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It’s unclear whether this case will head for arbitration as well, but the plaintiffs have sầu raised an important question about Nintendo’s responsibilities. “Businesses are obligated to lớn discthua thảm information about a product that would change the value of the hàng hóa,” says Christine Bartholomew, a law professor at the University of Buffalo School of Law. “If you’re going to buy something that’s a certain price, the value of the hàng hóa would be quite different if you knew it would break in six months. If a company has that information và doesn’t cốt truyện it, that would be considered misconduct within the reach of law.”

M.S. isn’t even the first 9-year-old lớn sue Nintenvày. In 1990 a kid sued both Major League Baseball và Nintenbởi because the $40 baseball game he got didn’t live sầu up lớn his expectations. Joy-Con drift is less subjective—plus, they cost $80 to lớn replace.


Cecilia D'Anastasio is a staff writer at covering the games industry and gaming culture. She was previously a senior reporter at Kotaku, G/O Media's đoạn phim game vertical. Send tips lớn Cecilia_D
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