Nintendo responds to Wii-strap lawsuit

by Zack Stern { Dec 21st 2006 at 2:55AM }

Nintendo passed FiringSquad a PR statement, saying the Wii strap lawsuit is "completely without merit." Nintendo says it has "already taken appropriate steps" to replace the straps and continues to tell ~~idiot~~ excited gamers not to let go of the remote.

While some of the Wii-related injuries and damage are real -- and bad things can happen to good people -- we think that the people getting out of control need to look at a mirror, not late-night attorney ads. But even with our hope that Wii users take responsibility for their flailing, we hope that this lawsuit finds its way in front of a judge for public ridicule before being tossed out.

See also: Nintendo to replace 3.2 million Wii straps

[Image from The Iconfactory.]

Tags: lawsuit, remote strap, RemoteStrap, strap

Reader Comments (Page 1 of 2)

Allen @ Dec 21st 2006 3:09AM

Welcome to America... where we sue fast food chains for making us fat... *sigh* We all knew this was coming eventually. There's a jerk in every ball park. :(

v1cious @ Dec 21st 2006 3:11AM

whether they're stupid is not the issue. the fact remains that the strap is there to prevent the remote from flying... which means Nintendo failed to provide adequate safety measures.

mocax @ Dec 21st 2006 3:25AM

the strap's to prevent dropping downwards, not flying forward at 60 mph

DeadPlasmaCell @ Dec 21st 2006 3:25AM

If you use the product correctly you wont have any issues.. you aren't really using a bowling ball or you don't really have a baseball bat in your hand.. so you don't need to swing like you do.. In a way I hope this does go forward, because the only ones who are going to end up with any money are the lawyers.. the consumers are just going to get a small freebie as a settlement.. Like a strap replacement (which is already out there) or some Wii points. The customer is always right my ass..

pockyninja @ Dec 21st 2006 3:27AM

I just really like the part where the lawsuit says, "Owners of the Nintendo Wii reported that when they used the Nintendo remote and wrist strap, as instructed by the material that accompanied the Wii console, the wrist strap broke and caused the remote to leave the user’s hand."

Let me get this straight: if I have the strap around my wrist, and I hold the Wiimote with a firm grip while my wife cuts the strap with some scissors...then it flies out of my hand of its own volition? I've gotta go check this out. ^.^

Seriously, folks, any decent judge's gonna see straight through this one. Green Welling FTL.

CLShortFuse @ Dec 21st 2006 3:32AM

this'll explain:
http://www.penny-arcade.com/comic/2006/11/29

bounchfx @ Dec 21st 2006 3:34AM

" the strap's to prevent dropping downwards, not flying forward at 60 mph"

you are a tard.

first of all, the strap is so it doesnt come off your wrist

second of all, it shouldn't be able to come off your wrist at 60mph. if it can, you are a hell of a thrower, even if it isn't quite 60mph, you shouldn't be throwing it half that hard. it does not make a difference

Gamer G @ Dec 21st 2006 3:40AM

Nintendo have basically admitted liability by including a strap in the first place. By including a strap they have acknowledged that the wiimote needs one, buy not including a strong enougth one they have opened themselves up to litigation.

Nintendo's argument may have been stronger if they had not put a strap on at all.

Ben @ Dec 21st 2006 3:43AM

So... let me see if I understand, Gamer G... Nintendo should LOSE the case because they included straps? Man, no good deed goes unpunished.

tack @ Dec 21st 2006 3:45AM

#7. Laughing at you for calling him a tard. The strap is so it doesnt come off your wrist, but has nothing to do with preventing dropping it. rofl. A hell of a thrower, haha. What has soccer done to kids now days? 60mph is about average for a high school baseball player.

buba @ Dec 21st 2006 3:51AM

My camera came with a strap and makes interesting pictures when I throw it, I think I'll go throw it like a fast ball just for the fun of it and see what happens.

Megatron @ Dec 21st 2006 3:56AM

Apparently an unofficial Nintendo Wii strap test shows that it can hold 25lbs.. so, those who thing this lawsuit has merit..

You Failed!

http://www.nintendojo.com/fullfocus/view_item.php?1166055790

http://www.digg.com/gaming_news/How_much_weight_can_the_Wii_Strap_support

Hunnter @ Dec 21st 2006 4:15AM

@10
Tack, you fucking fail, learn to read what you are insulting..idiot.
Did you see him saying it WASN'T to stop dropping?
Well, did you?!
NO!
READING MOTHERFUCKER, DO YOU DO IT?!

I'll be honest, i think Nintendo fucked up with the strap, BAD.
The think is barely thicker than these [], in fact its probably thinner than that, 2 still didn't stop it from breaking.
What are they expecting when its a fucking motion-sensing device?? Elderly people using it?
You are going to have people throwing the thing simply because it senses motion!
Nintendo screwed up their research, end of, they deserve to lose this one, regardless if Nintendo are "nice". (Nintendo fan here also, so don't bring the fanboy bullshit either)

pyroneil @ Dec 21st 2006 4:20AM

I thought this whole thing was silly until two of my friends managed to break their straps and throw their wiimotes into the wall (no damage though). I haven't had this problem, but most of time I am lazy and play like a toolbox.

Rubang @ Dec 21st 2006 4:24AM

The original DS has a wrist strap. I'm gonna make some quick cash...

Risky @ Dec 21st 2006 4:32AM

This is what happens when a game system like this is marketed towards non-gaming neanderthals. First off, to all these idiots throwing the remote... YOU DON'T HAVE TO MOVE THE CONTROLLER THAT FAST. Christ, you aren't playing the real sport; you're playing a video game.

Tom @ Dec 21st 2006 4:34AM

Anybody who needs the strap clearly hasn't been playing Zelda this whole time. For shame.

qckslvrsiete @ Dec 21st 2006 4:48AM

I don't see what all the fuss is about. My friend got a Wii on launch and we've been playing with it like every day. There were adequate warnings that any person intelligent enough to have $250 to buy the system could understand. And any person with an extra IQ point over them could realize that you could play any Wii games just as well sitting down on a futon with a flick of the wrist and barely any energy -- much less enough to lose your grip and let it fly at your TV. Heck I played Zelda, Wii sports and Budokai several hours every day and all I did was sit down, lean up against the couch and move my hand just a little bit. Bottom line is that anyone involved in this lawsuit is either an absolute moron or just looking to make unearned money off of someone else's profits. But I guess that's how everyone wants to get their money these days.

s256 @ Dec 21st 2006 4:48AM

You're not supposed to throw it. What's with people saying "Nintendo screwed up badly with this!" ?

IT IS NOT NINTENDO'S JOB TO PROTECT STUPID PEOPLE WHO THROW THE REMOTE.

"Do not let go of the remote."
"Make sure there is adequate space around you for swinging."

Right there, Nintendo's covered.

It's designed to make sure it doesn't fall if you lose grip. Why is that difficult for people to comprehend?

Barclay @ Dec 21st 2006 5:16AM

You all realize of course that anyone who joins this lawsuit will maybe get $2 as their "share" of the award in the incredibly unlikely event they actually win, right? Nobody's going to get their TV's replaced, or their Wiimotes replaced. The only "winners" in this will be the law firm who initiated the suit as they take their fee on behalf of all the plaintiffs.

Burnt Meatloaf @ Dec 21st 2006 5:36AM

The lawsuit is definately stupid. However, people are simply in denial that the controller has serious interface design flaws.

Like I've been saying for a while, if a controller is meant to be moved around, it should not be perfectly straight and smooth with no friction surfaces. This is a classic example of form over function. It looks good, but it is definately a bad design.

Oh yeah, and selling the rubber grips seperately was a killer idea, too.

Ask yourself this: why is everybody throwing their Wiimote around, but nobody has had problems with the Nunchuck, which also sports a motion sensor? Think about it.

And amongst all this, people still harald the Wiimote as a "natural" interface. Bah. People are impressed with anything if it looks nice.

Deth @ Dec 21st 2006 5:43AM

quicksilver- of course it only takes wrist flicks, but that is not how Nintendo is advertising it. They show people making motions like they are really playing sports. Part of the fun of Wii is standing up and miming what you would be really doing.
Imagine Wii if the advertising showed slobby little boys sitting on their butts in a gamer gaze just flicking their wrists now and again. That is not exactly what Nintendo has in mind.
I personally do not agree with the lawsuit, but please do not try to say Nintendo want you to be docile while playing.
But even with our hope that Wii users take responsibility for their flailing, we hope that this lawsuit finds its way in front of a judge for public ridicule before being tossed out.
I do not agree with this statement at all Mr. Stern. This would allow Nintendo to screw taxpayers out of money as we would have to foot the lawyer bills (that is unless the people doing the suing will be held responsible, which they probably will not because they probably do not make much money).

Cheers!

Deth @ Dec 21st 2006 5:46AM

^ouch- that is hard to read. Sorry for the double post, but I am going to resubmit the above in an all new easy to read formula:

quicksilver- of course it only takes wrist flicks, but that is not how Nintendo is advertising it. They show people making motions like they are really playing sports. Part of the fun of Wii is standing up and miming what you would be really doing.

Imagine Wii if the advertising showed slobby little boys sitting on their butts in a gamer gaze just flicking their wrists now and again. That is not exactly what Nintendo has in mind.

I personally do not agree with the lawsuit, but please do not try to say Nintendo want you to be docile while playing.

"But even with our hope that Wii users take responsibility for their flailing, we hope that this lawsuit finds its way in front of a judge for public ridicule before being tossed out."

I do not agree with this statement at all Mr. Stern. This would allow Nintendo to screw taxpayers out of money as we would have to foot the lawyer bills (that is unless the people doing the suing will be held responsible, which they probably will not because they probably do not make much money).

Cheers!

zagga20 @ Dec 21st 2006 6:01AM

@15

That isnt a wrist strap, its an alternative to using the stylus >_>

And btw, if people are supposedly going to be throwing their wiimotes around "simply because it senses motion!"
then why havent i done it?

people need to grow up -_-

Although, it may not have been a bad idea if nintendo made the back of the wiimote more frictiony.

but i

WhatIsThatThing @ Dec 21st 2006 6:20AM

Have there been any injuries due to the Wii controller in Japan? I don't think so.

tracked @ Dec 21st 2006 7:03AM

If this goes forward. Nintendo is going to rape them hard up the butt with no lube. The way they did it to Universal Studios in the 80s when they were the new kid on the block.

Nintendo has done everything to make sure that people have a safe game experience. Stupid people have done everything to be even stupider. Reminds me of Murphy's law.

[i]It is impossible to make anything foolproof because fools are so ingenious.[/i]

Marty @ Dec 21st 2006 8:13AM

"8. Nintendo have basically admitted liability by including a strap in the first place. By including a strap they have acknowledged that the wiimote needs one, buy not including a strong enougth one they have opened themselves up to litigation."

I am so throwing my camera, cellphone, PSP, DS, GBA, watch, and everything else I have with a wrist strap to PREVENT IT FROM DROPPING into my TV and make loads of money!

Marty @ Dec 21st 2006 8:15AM

My 8 year old neice kicked my butt at Wii bowling and golf when she played and she had no problem keeping the remote in her hands!!!!!!!!!!!!!!!!!

She played Tennis and Baseball, and still she could hold it.

So basically these people losing control have worse cordination than an 8 year old girl!!!!!!!!!!

Dave @ Dec 21st 2006 9:30AM

A lawsuit is crazy!! The Wii was NOT designed for kids or enthusiastic young adults. It's obviously designed to be used by lethargic business executives.

Adam @ Dec 21st 2006 9:52AM

There are people who fail to use the wrist strap, and deserve to have it fly out of their hand (however Nintendo's lack of grip padding is in questionle taste given the active nature of playing the games).

But then there are people who are using it appropriately, and the wrist straps have snapped. Nintendo can't take the cop out and say "Stop being so excited and stop using such extreme and exaggerated motions". Have you watched the Wii commercials? If the man in the commercial is flailing like an idiot, when I play with my Wii, I want to flail like an idiot too. If thats now how the Wii is meant to be played, DON'T ADVERTISE IT LIKE THAT!

Nintendo is 100% to blame in this endeavour, and I frankly hope they get whats coming to them. Their snakey business practice of ripping off and screwing consumers has been getting on my nerves for years now.

Hunnter @ Dec 21st 2006 10:02AM

lol, totally Dave!

And some brought up a good point about the "its not meant to be thrown around" when saying the Nintendo Ads show EXACTLY THAT!
They didn't think of any realistic scenarios when designing that strap, or the back of the controller as Zagga20 said.

YOU might be fine, YOU might not think its right to swing it, but some people DO think its right, so it goes back to Nintendos controller design not being tested enough.
(and the major flaw with the back being smooth, a little rubber padding would have saved many TVs and other items. RIP)

They screwed up, end of story.

Retrojunkie @ Dec 21st 2006 10:27AM

Hey guys, I am sueing mcdonalds for making me fat

sure It was my choice

but mcdonalds foods are OBVIOUSLY high in unhealthyness

see im using Adam and Hunnter logic

Who ever EVER lets go of their remote or caused their remote to break, are obviously stupid as fuck, its like going "OH I HAVE AN AIRBAG, I CAN RUN INTO A WALL AS FAST AS I CAN!"

It doesn't work that way

Fucking morons

Inspired @ Dec 21st 2006 10:30AM

It's funny. Everyone is referencing the Nintendo commercials ... but, if I recall correctly, none of those flailing people threw their remote.

Go figure.

Firegirl @ Dec 21st 2006 11:18AM

How does that saying go? You can create awesome safety measures and technology, but they will just start making better idiots...

Lobut @ Dec 21st 2006 11:34AM

@33 Inspired

Nobody also let go of their wiimotes neither.

Okay, the fact that there's a strap tells me that I should probably not let go of the wiimote. Every time my friends saw the strap, they were like ... "whoa, I'd better not let go." Guess what? When my friends dropped the controller without the strap on, can you guess what they said? "SORRY" ... Yeesh. If the controller was slippery or the sensors were so bad that large movements were necessary, I'd agree ... but COME ON.

Dave @ Dec 21st 2006 11:39AM

I just have an XBox, and, sometimes, I move my entire body around in games. Why? It doesn't really help. Still, I've ripped off the rubber padding on two controllers already--and yet I haven't been diagnosed with epilepsy.

Ultimately, the Wii is a gaming platform. If you've never been excited and abused a regular controller, then you've never really been into a game. Games get people excited. I would think that Nintendo would understand human nature a bit better. Their advertisements certainly seem to indicate that they do. If I can become immersed enough in games to destroy a standard controller, then I can hardly blame others when they excitedly wave their Wii controller about.

Nintendo certainly knew enough to put the strap on the controller. They should have used a higher-quality strap.

Panadero @ Dec 21st 2006 11:58AM

Show me a commercial where the players throw the controller as hard as humanly possible or practically swing their arms around like a windmill, as all these morons have done in their Youtube videos. Even in the most active Nintendo promos like the one for Red Steel, the guy uses more wrist and forearm movements than full arm movements. He may be doing stupid backflips and ducking behind the couch, but his controller use is actually within Nintendo's recommendation.

These mental cases breaking their straps either didn't bother to even notice the dozens of warnings about responsible use or chose to ignore them, and proceeded to use the controller in an extreme way. "Without merit" is an understatement.

Skwurl @ Dec 21st 2006 12:08PM

Only in America would this be an issue.

I guess now I’ll buy a golf club, hit the links, and whip the club at someone’s head – all blaming it on sweaty hands. I mean there were no warnings or wrist straps, I was just emulating what I saw Tiger Woods do.

Must be a faulty product.

Ditto with tennis rackets and baseball bats.

azesino @ Dec 21st 2006 12:10PM

Nintendo Should of never replace the straps in the first place, that only would of give them a mere edge on their Deffence tactics, but then again it would have Backfired by making them faced the FCC butting in and making a circus like they always do.

Nintendo will settle, they already have accepted the wiimotes where deffective by replacing them on the first place, plus We are in America where Class Action Lawsuits never get tossted out. Judges always favor "The People" instead of "X Corporation", I feel sad for Nintendo because they tried to replace their product, even if it was faulty they acted ASAP, But this in most part the fault of their legal team witch doesn't seems to be very good, any other Corporate Firm would advised them not to replaced the Remotes because something like this was coming in a matter of days and even tough the replacement of the remotes would of make their PR department shine, this goody 2 Shoes Act dont have any merrit in the American Legal system.

lukee @ Dec 21st 2006 12:10PM

@tracked:

Thanks for making the rape analogy! That was entirely needed to prove the point!

Good job!

WaterlooDude @ Dec 21st 2006 12:30PM

I just read the complaint, here is the crucial part

“In particular, the Nintendo Wii game console includes a remote and a wrist strap for the remote. Owners of the Nintendo Wii reported that when they used the Nintendo remote and wrist strap, as instructed by the material that accompanied the Wii console, the wrist strap broke and caused the remote to leave the user’s hand. Nintendo’s failure to include a remote that is free from defects is in breach of Nintendo’s own product warranty.”

There is a logical flaw in this law suite. In order to prove their case, they have to prove that Nintendo instructs the owners to THROW the Wiimote (In response to “Owners of the Nintendo Wii reported that when they used the Nintendo remote and wrist strap, as instructed by the material that accompanied the Wii console”) or prove that without throwing the Wiimote the wrist strap BROKE by itself and with some magical reason the Wiimote fly out of owners hand (In response to “, the wrist strap broke and caused the remote to leave the user’s hand”). This law suite doesn’t have a merit in my opinion.

Retrojunkie @ Dec 21st 2006 12:31PM

V1cious

to sum up your logic "People who throw the remote are just as reasonable as people who DO FLAIL AROUND and DO NOT throw their remote"

oh okay, thats like saying "oh drunk drivers=sober drivers" IT DOESN'T MATTER!

Dave @ Dec 21st 2006 12:44PM

Essentially, you have a game system controller device designed to be aimed and swung at your television. The force with which you do this will vary from game to game and gamer to gamer. Still, I think it's fair to say that, considering the general design, some extra precaution on behalf of the manufacturer is not an unreasonable expectation.

Zell @ Dec 21st 2006 1:04PM

I swear, reading some of these comments makes it shamefully obvious why George W. Bush is President.

I'd honestly love to meet someone who said their strap broke with proper use of the Wii remote. I'd love to meet them because everyone I know personally who has a Wii thinks this is incredibly stupid. And for those who mentioned drunk college kids, that doesn't fall under proper use.

I wonder if law suits are happening in other countries because this flying Wii remote 'epidemic' seems limited to the U.S.

v1cious @ Dec 21st 2006 1:33PM

"I am so throwing my camera, cellphone, PSP, DS, GBA, watch, and everything else I have with a wrist strap to PREVENT IT FROM DROPPING into my TV and make loads of money!"

except those items don't encourage you to swing them around, do they?

"And any person with an extra IQ point over them could realize that you could play any Wii games just as well sitting down on a futon with a flick of the wrist and barely any energy -- much less enough to lose your grip and let it fly at your TV."

tell that to children and drunk college students.

Dave @ Dec 21st 2006 1:55PM

I just came across this article today--a pregnant woman sued and won because her doctor made her feel bad for smoking:

http://tinyurl.com/y6lzk2

I guess we Americans aren't alone in our stupidity.

Dave @ Dec 21st 2006 1:58PM

Correction:
http://www.thisislondon.co.uk/news/article-23379056-details/Doctor%27s+smoking+jibe+wins+mother+%C2%A344%2C000+payout/article.do

Exeter @ Dec 21st 2006 3:12PM

#10: "Let me get this straight: if I have the strap around my wrist, and I hold the Wiimote with a firm grip while my wife cuts the strap with some scissors...then it flies out of my hand of its own volition?"

Why did this go ignored?

Say you're swinging the remote in Wii Tennis. The remote flies out of your hand, and the strap breaks. This is a feasible situation, but it places the blame solely on the consumer: as others have pointed out, one doesn't sue Canon successfully when they're swinging their camera around by the strap it breaks.

Now, let us imagine the same scenario. When the remote is swung, the strap breaks, and damage to a wall/television/etc. ensues. This is not feasible, or, if it has happened, such a freak accident that Nintendo cannot be held responsible for it. Why, pray tell, would the strap snap if one has ahold of the remote? When friends and I play doubles, we usually combine the experience with a case of beer--and pretend we're actually playing tennis, or throwing a 94mph curve. Yet in all of this activity, the strap is not under any stress, as one has a sure grip on the remote. (Or, if one does not, and it flies into my television set, you can be sure I'll be requesting reimbursement from him instead of Nintendo.)

Aside from the stupidity of those filing and supporting this lawsuit, one must consider its merits (after all, democracy is no safeguard against stupidity). As of yet, the most grievous instances of "Wii injuries" and associated problems known involve a few potential black eyes, some ruined televisions/game accessories and a couple of dented walls. Certainly, if these occurred as a result of Nintendo's oversight, they should resolve the issue. The thing is that...well, most judges will see the offer of new, sturdier straps at no extra cost as being a sufficient remedy. Anyone who anticipates a multi-million dollar settlement over such a piddling annoyance which most sensible people would be too embarrassed to raise a stink over is quite delusional and inconsiderate of the judiciaries' valuable time that could be used doing something constructive.