Compliance Updates
Euroconsumers calls Nintendo to solve its “Joy-Con Drift” probl
The new version of the Nintendo “Switch” console, the Switch OLED, expected on October 8th 2021, shows an unsolved technical problem with its controllers – an issue commonly called “Joy-Con Drift” – that prevents players from playing the game properly. Nintendo is quite aware of this flaw. Yet it still plans to roll out the new Switch with the old problem. Euroconsumers calls Nintendo to account.
“Joy-Con Drift”
The flaw in the controllers manifests itself after a couple of months, falsely reading input from the controller stick, as if the user has their thumb pressed down on the controller, causing the game character to move without the player even touching the device. This prevents the player from playing the game as intended. This issue is not new: it was already denounced extensively by users of the current Nintendo Switch, IFixit and multiple consumer organisations.
Nintendo’s inaction
This flaw has previously been raised with Nintendo. Firstly in January 2020, Test Achats/Test Aankoop, Euroconsumers’ Belgian national organization, sent a letter of formal notice to Nintendo Europe GmbH calling on the company to repair all the defective products free of charge and to publicly communicate about the defect.
In January 2021, BEUC, the European umbrella group for 46 independent consumer organisations, launched an external alert to the CPC network about a widespread infringement with Union dimension of EU consumer law, related to the premature obsolescence of the Nintendo Switch.
On top of this EU action, two class actions have been launched in the US, and a Canadian firm has filed an application to begin a class action.
Nevertheless, Nintendo has taken no actions to remedy the flaw or alert consumers. It even issues a new Switch OLED with the exact same Joy-Con design, with the exact same inescapable defect. Meanwhile Nintendo keeps on putting a great deal of emphasis on the quality and versatility of the Joy-Con in its advertisements t.
This early obsolescence is not only unfair and harmful to consumers, but also affects the environment, creating a pile of unnecessary and extremely polluting electronic waste.
Euroconsumers’ call on Nintendo
In a letter Euroconsumers has confronted Nintendo with the above, asking them to:
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Adequately inform consumers of the existence of the “Joy-Con Drift” and its impact on the expected lifespan of the Nintendo controllers on the packaging of the product.
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Fully respect provisions on the legal product guarantee, without imposing any burden of proof on consumers or charging them with any costs to repair or replace their Switch controllers.
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Provide clear contact details at Nintendo for consumers to report and resolve Joy-Con problems, and for Euroconsumers and its national organisations to address problems to that regard.
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Resolve the technical “Joy-Con Drift” flaw and ensure a more sustainable version of the controllers. Euroconsumers, and its national organizations stand ready to deploy decades of technical and testing experience to support finding solutions.
Euroconsumers is available and willing to launch a dialogue with Nintendo in order to establish the best way to satisfy the above requests.
“Nintendo has a duty to its customers to provide functioning devices,” said Marco Scialdone, Head of Litigation and Academic Outreach at Euroconsumers. “To knowingly continue selling these game consoles when they are defective is a breach of EU consumer law. We expect Nintendo to do the right thing and work with us to find a solution for consumers.”
“While on one hand Nintendo pretends to commit to the green transition and serve consumers, its continued distribution of faulty electronic devices shows it’s true lack of genuine commitment,” said Els Bruggeman, Head of Policy and Enforcement at Euroconsumers. “Early obsolescence results in more electronic waste, which is particularly difficult to dispose of. This shows a regrettable lack of respect for both the environment and consumers.”
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Aviator Studio
Aviator Studio Secures Significant Legal Victory in Brazil as Federal Court Suspends Spribe’s Aviator Trademark Rights
Aviator Studio has achieved a significant legal victory in Brazil after a Federal Court ordered the suspension of Spribe’s trademark registration for “Aviator,” recognizing the strength of Aviator Studio’s claims related to the grounds of invalidation of Spribe’s trademarks.
The decision, issued by the 18th Federal Civil Court of the Federal District, prevents Spribe from relying on the exclusivity rights arising from Brazilian trademark registration No. 501759803 until a final judgment is rendered.
The ruling follows legal action brought by Aviator Studio Brazil, which demonstrated that the Aviator trademark had been created and used years before Spribe obtained trademark protection in Brazil. The court acknowledged evidence showing that the Aviator brand originated in Georgia in 2016 and was formally registered there in 2018, years before Spribe’s Brazilian registration.
Importantly, the court also took note of previous judicial decisions in Georgia that invalidated Spribe’s registration of the Aviator trademark and confirmed the rights of the original trademark owner.
“This decision represents an important step in protecting the Aviator brand and enforcing intellectual property rights internationally. In practical terms, this means that, until the final resolution of the Spribe’s trademark invalidation proceedings, Spribe will no longer be able to continue it’s disruptive practices against operators, including sending threatening letters or initiating legal actions related to the use of Aviator Studio’s trademark.” comments George Pruidze, CEO of Aviator Studio. “We remain committed to defending the integrity of the Aviator brand and ensuring that its legitimate ownership is recognized across all jurisdictions.”
Aviator Studio will continue pursuing all available legal measures to safeguard its intellectual property rights and protect the integrity of the Aviator trademark worldwide.
The post Aviator Studio Secures Significant Legal Victory in Brazil as Federal Court Suspends Spribe’s Aviator Trademark Rights appeared first on Americas iGaming & Sports Betting News.
Benjamin Bradtke Co-Founder of ThrillTech
ThrillTech lands Gibraltar B2B supplier licence
Approval from HM Government of Gibraltar’s Gambling Division lets the supplier serve Gibraltar-licensed iGaming operators.
ThrillTech has been granted a Gambling Services (B2B) Licence by the Gambling Division of HM Government of Gibraltar, allowing the supplier to provide its opt-in jackpot and mystery reward products to regulated iGaming operators licensed in Gibraltar.
The company said the licence supports its international expansion plans and will enable it to deploy its ThrillPots
product with additional operators in the jurisdiction, which hosts a number of tier-one betting and gaming brands.
Benjamin Bradtke, Co-Founder of ThrillTech, said: “Securing a B2B licence in Gibraltar is an important step for ThrillTech and a testament to our market-leading jackpots technology. Gibraltar is home to some of the industry’s most prestigious operators. This approval not only accelerates our global expansion strategy but now allows us to provide these major operators with new layers of player engagement which generate incremental revenue.”
ThrillTech said it seeks market-specific licences and certifications because its side-bet jackpots operate independently of operators’ core casino games and betting products. The company added that its jackpots are powered by a proprietary, certified RNG and do not alter core game RTP, with funding coming from opt-in player contributions.
According to ThrillTech, its regulated market licences and certifications also include the United Kingdom, Sweden, the Netherlands, Romania, Malta, Peru, and Brazil.
The post ThrillTech lands Gibraltar B2B supplier licence appeared first on EE Gaming | Global iGaming & Tech Intelligence Hub.
Betting and Gaming Council
BGC Calls on Tech Giants to Protect Consumers from Illegal Gambling Sites
The Betting and Gaming Council (BGC) has issued an open letter to Britain’s leading technology platforms calling for urgent action to tackle the growing threat posed by illegal gambling operators online.
The letter, signed by BGC Chief Executive Grainne Hurst, warns that black market gambling websites are increasingly using social media platforms, search engines, messaging services and digital advertising networks to reach consumers in Britain, including people who have self-excluded from gambling and those seeking support.
The intervention follows warnings from Gambling Commission Executive Director Tim Miller, who earlier this year highlighted the continued presence of illegal gambling advertising online, including promotions for so-called “not on GamStop” operators.
The BGC argues that illegal operators are exploiting digital platforms to access UK consumers while operating entirely outside the regulatory framework designed to protect them.
Unlike regulated operators, black market gambling websites are not licensed by the Gambling Commission, do not carry out customer protection measures, do not contribute to research, prevention and treatment services through the statutory levy, and do not pay UK tax.
Analysis by WARC suggests illegal operators now account for almost half of all gambling advertising spend in Britain and could overtake the regulated sector entirely by 2028. Separate analysis by H2 Gambling Capital forecasts that stakes with black market operators could grow from £17bn today to £33bn by 2028.
Grainne Hurst, Chief Executive of the Betting and Gaming Council, said:
“The harmful black market is growing at an alarming rate, and illegal operators are exploiting online platforms to target British consumers.
“Technology companies have some of the most advanced tools, data and expertise in the world. The question is no longer whether this problem can be addressed, but whether enough is being done.
“Every consumer drawn towards an illegal operator is being pulled away from the protections of the regulated market.
“We are calling on technology platforms to match the scale of the threat with the scale of their response.”
In the open letter, the BGC calls on technology companies to proactively identify and remove illegal gambling advertising, invest more resources in disrupting black market operators, strengthen cooperation with regulators and law enforcement, increase transparency around enforcement activity and work collectively to prevent vulnerable consumers being targeted by unlicensed operators.
The post BGC Calls on Tech Giants to Protect Consumers from Illegal Gambling Sites appeared first on EE Gaming | Global iGaming & Tech Intelligence Hub.
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