It is no secret that Nintendo aggressively pursues legal action to protect its first party content. From stopping emulator sites to taking down YouTube videos, Nintendo is always on the prowl. But in rare cases, governments have been the ones to take legal action. Such is the case of Norway and Germany, who recently lost a lawsuit against Nintendo involving customer pre-orders.

The News

Two years ago, the Norwegian Consumer Council filed a lawsuit against Nintendo concerning customer pre-orders. Nintendo stated that it would not refund consumers who pre-order games on its eshop. The Council believed that Nintendo violated the Consumer Act, which states that consumers have the right to back out on transactions prior to receiving the final content.

Nintendo argued that it did not violate the law because customers paid for the content and could download the game. The only barrier was that fans could not play the game until the release date. As evidence, Nintendo cited Article 16 of the EU Directive 2011/83, which states the following:

Right of withdrawal automatically disappears if the performance has begun with the consumer’s prior express consent and his acknowledgement that he thereby loses his right of withdrawal.

EU Directive 2011/83 Article 16

The court ruled in favor of Nintendo; however, the appeal process could reverse the ruling. The main item in question is the customer’s “acknowledgement” that he or she loses their right to back out on a pre-order. The court will likely take years to adjudicate the appeal, but we will continue to monitor the situation. In the meantime, European fans should be cautious when pre-ordering games on the eshop.

Conclusion

While the case works its way through the appeal process, the ruling in favor of Nintendo is a blow to die hard supporters. Nintendo earned its reputation by loyally supporting its fans; however, the lawsuit will negate some of the community’s trust.

But we want to know what you think about the Nintendo lawsuit. Do you pre-order games on the Nintendo eshop? If so, will this story force you to change your buying habits? Let us know in the comments below or the social media links on the right. Be sure to check out our other news items on Pokemon, Modern Warfare, Death Stranding, and Final Fantasy 7 Remake. Until next time, enjoy!