Consumer Rights Wiki - User contributions [en]

SoundCloud

2025-10-20T08:19:15Z

Cedar: /* Business model */Remove duplicate word.

{{StubNotice}}{{CompanyCargo
|Founded=2008-10-28
|Industry=Entertainment
|Logo=Soundcloud.svg
|Type=Private
|Website=https://soundcloud.com/
|Description=Music streaming service.
}}

SoundCloud is a music streaming platform founded in 2007. The SoundCloud website was made public in October 2008.<ref>https://community.soundcloud.com/company/about-us</ref>

==Consumer impact summary==
===User freedom===

*SoundCloud allows artists to enable direct downloads on their tracks. Listeners of any membership tier can use direct downloads on the website.<ref>{{Cite news |last=McCall |first=Vivian |date=2021-01-14 |title=How to download SoundCloud songs from the website onto your computer, or from the mobile app with SoundCloud Go |url=https://www.businessinsider.com/guides/tech/how-to-download-soundcloud-songs |url-status=live |archive-url=https://web.archive.org/web/20250816170647/https://www.businessinsider.com/guides/tech/how-to-download-soundcloud-songs |archive-date=2025-08-16 |work=Business Insider}}</ref>

===User privacy===

===Business model===

*SoundCloud has three membership tiers for listeners. Free, which is ad-supported, Go, which is ad-free, and Go+, which is ad-free and gives access to locked songs not available with other subscriptions.<ref name=":0">{{Cite web |last=SoundCloud|title=What type of subscription is for me? |url=https://help.soundcloud.com/hc/en-us/articles/360051072534-What-type-of-subscription-is-for-me |url-status=live |archive-url=https://web.archive.org/web/20250727092854/https://help.soundcloud.com/hc/en-us/articles/360051072534-What-type-of-subscription-is-for-me |archive-date=2025-07-27}}</ref>
*SoundCloud has three membership tiers for artists. Without a paid subscription, SoundCloud limits the hours of music which can be uploaded to an account. The upload limit for the Basic package is 2 hours, 3 for Artist, and Artist Pro users have no limit.<ref name=":0" />

===Market control===

==Incidents==
===Generative AI===
In January 2024, SoundCloud announced integration with AI music tools Fadr, Soundful and Voice-Swap, allowing users to directly post AI generated content to the platform. <ref>{{Cite news |last=Paine |first=Andre |title=SoundCloud integrates with assistive AI tools to enable direct uploads for artists |url=https://www.musicweek.com/digital/read/soundcloud-integrates-with-assistive-ai-tools-to-enable-direct-uploads-for-artists/089164 |url-status=live |archive-url=https://web.archive.org/web/20250816171344/https://www.musicweek.com/digital/read/soundcloud-integrates-with-assistive-ai-tools-to-enable-direct-uploads-for-artists/089164 |archive-date=2025-08-16 |work=MusicWeek}}</ref>

In May 2025, an article published by Futurism accused SoundCloud of updating their Terms of Service to allow all content on the platform to be used to train generative AI.<ref>{{Cite news |date=2025-05-09 |title=SoundCloud Quietly Updated Their Terms to Let AI Feast on Artists' Music |url=https://futurism.com/soundcloud-ai-terms-of-service |archive-url=https://web.archive.org/web/20250816171715/https://futurism.com/soundcloud-ai-terms-of-service |archive-date=2025-08-16 |work=Futurism}}</ref> SoundCloud later clarified that it's use of AI was strictly to provide “personalized recommendations, content organization, fraud detection, and improvements to content identification”, not to train generative AI models.<ref>{{Cite news |last=Corcoran |first=Nina |date=2025-05-14 |title=SoundCloud Updates AI Policy in Terms of Use After Backlash |url=https://pitchfork.com/news/soundcloud-updates-ai-policy-in-terms-of-use-after-backlash/ |url-status=live |archive-url=https://web.archive.org/web/20250816172013/https://pitchfork.com/news/soundcloud-updates-ai-policy-in-terms-of-use-after-backlash/ |archive-date=2025-08-16 |work=Pitchfork}}</ref>

==See also==

*[[Spotify]]
*[[Apple Music]]
*[[Amazon Music]]

==References==
<references />
[[Category:{{PAGENAME}}]]

Nintendo

2025-10-20T08:18:06Z

Cedar: /* Console bans stripping vital features */Remove duplicate word.

{{InfoboxCompany
| Name = Nintendo
| Type = Public
| Founded = 1889
| Industry = Electronics, Entertainment Software
| Official Website = https://nintendo.com/
| Logo = Nintendo.png
}}

Founded in 1889, '''[[Wikipedia:Nintendo|Nintendo Co., Ltd.]]''' is a multi-billion-dollar video game company headquartered in Kyoto, Japan with multiple subdivisions outside of Japan. They manufacture video game consoles and handhelds, the most recent of which being the [[Nintendo Switch|Switch 2]]. Some of their best-known systems include the Wii, Nintendo 64, [[Nintendo Switch|Switch]], GameCube, and Game Boy. They are well-known for various popular video game franchises, such as ''Super Mario'', ''The Legend of Zelda'', ''Pokémon'', and ''Metroid''.

==Consumer-impact summary==

*'''User freedom:''' Extensive history against hardware and software modification; currently disables online functionality completely on modded consoles, which can, in some cases, effectively brick a system.
*'''User privacy:''' Historically has ignored individual consumers; confirmed to be spying on [[Nintendo Switch|Nintendo Switch 2]] hardware [[Nintendo Switch bans|to detect modifications]].
*'''Business model:''' Hardware sales, software sales, more recently subscriptions such as [[Nintendo Switch Online]] and microtransactions.
*'''Market competition:''' Limited home console competition from [[Sony]] and [[Xbox]]; limited portable console competition coming from emulation handhelds and [[Valve]]'s ''Steam Deck''.

==Controversial Practices==
This is a list of all consumer-protection incidents this company is involved in. Any incidents not mentioned here can be found in the [[:Category:Nintendo|Nintendo category]].

===History against console emulation===
United States Copyright Law, Title 17, Chapter 1, Section 117 effectively states that making a copy of a computer program that you still own the original copy of (e.g., a video game, like Super Smash Bros. Melee) is legal if copying it is necessary in order to use the program with a machine (e.g., the Dolphin emulator) and that it isn't used in any other way, or to archive the program<ref>{{Cite web |date=2010 |title=Chapter 1: Subject Matter and Scope of Copyright, Section 117 |url=https://www.copyright.gov/title17/92chap1.html |url-status=live |access-date=31 May 2025 |website=U.S. Copyright Office}}</ref>. Emulation is also legal in this context, as proven by ''Sony v. Connectix''<ref>{{Cite web |date=31 May 2025 |title=Sony Computer Entertainment v. Connectix Corp. |url=https://casetext.com/case/sony-computer-entertainment-v-connectix-corp-2 |url-status=dead |archive-url=https://web.archive.org/web/20250331104619/https://casetext.com/case/sony-computer-entertainment-v-connectix-corp-2 |archive-date=31 Mar 2025 |access-date=31 May 2025 |website=CaseText}}</ref> and ''Sony v. Bleem''<ref>{{Cite web |date=2 Apr 2023 |title=Sony Computer Entertainment America, Inc. v. Bleem, LLC |url=https://en.wikisource.org/wiki/Sony_Computer_Entertainment_America,_Inc._v._Bleem,_LLC |url-status=live |access-date=31 May 2025 |website=Wikisource}}</ref>. Despite this precedent, however, Nintendo is well-known for their extensive history of combating emulation of their games and hardware.

====Examples:====

*In 1999, Nintendo sued Nintendo 64 emulator UltraHLE.<ref>{{Cite web |last=@Hemos |date=12 Feb 1999 |title=Nintendo Confirms It Will Sue UltraHLE Creators 96 |url=https://games.slashdot.org/story/99/02/12/0943207/nintendo-confirms-it-will-sue-ultrahle-creators |url-status=live |access-date=7 May 2025 |website=games.slashdot.org}} </ref>
*On November 19th, 2020, The Big House, a Super Smash Bros. Melee and Ultimate tournament, announced that Nintendo had sent them a cease and desist because of their use of a Super Smash Bros. Melee modification that required the use of a GameCube and Wii emulator known as Dolphin.<ref name=":4">{{Cite web |last=Robertson |first=Adi |date=20 Nov 2020 |title=Nintendo shuts down Super Smash Bros. tournament for using mods to play online |url=https://www.theverge.com/2020/11/20/21579392/nintendo-big-house-super-smash-bros-melee-tournament-slippi-cease-desist |url-status=live |access-date=31 May 2025 |website=The Verge}}</ref><ref name=":5">{{Cite web |last=@TheBigHouseSSB |date=19 Nov 2020 |title=The Big House on X (Twitter) |url=https://twitter.com/TheBigHouseSSB/status/1329521081577857036 |url-status=live |archive-url=https://web.archive.org/web/20201127080201/https://twitter.com/TheBigHouseSSB/status/1329521081577857036 |archive-date=27 Nov 2020 |access-date=31 May 2025 |website=X (Twitter)}}</ref> This led them to have to cancel the tournament. ''Full section: [https://consumerrights.wiki/Nintendo#The_Big_House_Online_Tournament_(2020) The Big House Online Tournament (2020)]''
*In 2024, Nintendo took down [[Nintendo Switch]] emulator Yuzu, as well as the Nintendo 3DS emulator Citra.<ref>{{Cite web |last=Ford |first=Joseph |date=11 Apr 2024 |title=Ninten-don’t: Breaking Down the Yuzu Emulator Lawsuit |url=https://www.romanolaw.com/ninten-dont-breaking-down-the-yuzu-emulator-lawsuit/ |url-status=live |access-date=7 May 2025 |website=www.romanolaw.com}} </ref>
*Nintendo has also pressured for restrictions to access emulators, such as Dolphin's non-inclusion as a core for the [[Steam]] version of RetroArch.<ref>{{Cite web |date=20 Jul 2023 |title=What Happened to Dolphin on Steam? |url=https://it.dolphin-emu.org/blog/2023/07/20/what-happened-to-dolphin-on-steam/?cr=it |url-status=live |access-date=7 May 2025 |website=it.dolphin-emu.org}}</ref>

===History against hardware modification===
<blockquote>''Further Reading: [[Game Genie lawsuit]], [[Le Hoang Minh lawsuit]], [[Team Xecuter and Gary Bowser lawsuit]], [[ModdedHardware lawsuit]], [[Nintendo's May 2025 Policy Updates]]'' 

''See also: [https://consumerrights.wiki/Nintendo#Controversial_agreements_and_policies Controversial agreements and policies]''</blockquote>Nintendo is known to frequently get into legal altercations with the creators of hardware modifications.

====Examples:====

*Nintendo has sued the creators of cheat code devices, such as the Game Genie<ref>{{Cite web |last=Johnson |first=Eric E. |date=31 Dec 2007 |title=Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. in the United States Court of Appeals for the Ninth Circuit 964 F. 2d 965 (9th Cir. 1992) |url=https://www.museumofintellectualproperty.org/features/game_genie.html |url-status=live |access-date=7 May 2025 |website=www.museumofintellectualproperty.org}}</ref> and 10NES circumvention<ref>{{Cite web |date=1992 |title=Atari Games Corp. v. Nintendo of Am. Inc |url=https://www.copyright.gov/fair-use/summaries/atari-nintendo-fedcir1992.pdf |url-status=live |access-date=7 May 2025 |website=www.copyright.gov}}</ref> which allowed users to enter cheat codes into their games and bypass the security lockout chip to prevent [[piracy]].

*On November 18th, 2020, Nintendo of America sued Le Hoang Minh for selling RCM Loaders (plug in USB devices allowing unsigned/homebrew software to run on a Nintendo Switch), accusing him of selling piracy devices.<ref>{{Cite web |last=Carpenter |first=Nicole |date=18 Nov 2020 |title=Nintendo sues more hack sellers, ‘a worsening international problem’ |url=https://www.polygon.com/2020/11/18/21574488/nintendo-rcm-loader-jailbreak-lawsuit-switch |url-status=live |archive-url=https://web.archive.org/web/20201126071118/https://www.polygon.com/2020/11/18/21574488/nintendo-rcm-loader-jailbreak-lawsuit-switch |archive-date=26 Nov 2020 |access-date=22 Mar 2025 |website=Polygon}}</ref>
*On April 16th, 2021, Nintendo of America sued Gary Bowser, head of video game modchip development and sales group Team Xecuter for over $150,000, accusing him of selling piracy devices.<ref>{{Cite web |last=Carpenter |first=Nicole |date=17 Apr 2021 |title=Nintendo suing Bowser over Switch hacks |url=https://www.polygon.com/22388720/nintendo-bowser-lawsuit-team-xecuter |url-status=live |archive-url=https://web.archive.org/web/20210417151420/https://www.polygon.com/22388720/nintendo-bowser-lawsuit-team-xecuter |archive-date=17 Apr 2021 |access-date=22 Mar 2025 |website=Polygon}}</ref>In a subsequent criminal case, Bowser plead guilty to conspiracy to circumvent technological measures and received a 40 month sentence in prison.<ref>{{Cite web |date=2022-02-10 |title=Public voice and principal salesperson for notorious videogame piracy group sentenced to 3+ years in prison for conspiracy |url=https://www.justice.gov/usao-wdwa/pr/public-voice-and-principal-salesperson-notorious-videogame-piracy-group-sentenced-3 |url-status=live |archive-url=https://archive.ph/ob2eg#selection-395.5-395.10 |archive-date=2022-02-11 |publisher=The United States Attorney's Office}}</ref> He was released after serving 14 months and reported to be destitute and struggling to pay rent as he owes Nintendo $14 million dollars.<ref>{{Cite news |last=Hernandez |first=Patricia |date=2024-02-01 |title=The man who owes Nintendo $14m: Gary Bowser and gaming’s most infamous piracy case |url=https://www.theguardian.com/games/2024/feb/01/the-man-who-owes-nintendo-14m-gary-bowser-and-gamings-most-infamous-piracy-case |url-status=live |archive-url=https://archive.ph/eZPwz |archive-date=2024-02-03 |work=The Guardian}}</ref>
*On June 28th, 2024, Nintendo sued modded game seller ModdedHardware for selling [[Nintendo Switch]] flashcarts, modded [[Nintendo Switch]] consoles, and a mail-in console modding service with the argument being raised that a modded system is capable of running pirated software alongside allegations of ModdedHardware pre-installing pirated games, despite citing no evidence in the legal document.<ref>{{Cite web |last=Van der Sar |first=Ernesto |date=1 Jul 2024 |title=Nintendo Sues ‘Modded Hardware’ and r/SwitchPirates Moderator ‘Archbox’ |url=https://torrentfreak.com/nintendo-sues-modded-hardware-and-r-switchpirates-moderator-archbox-240701/ |url-status=live |archive-url=https://web.archive.org/web/20240710091021/https://torrentfreak.com/nintendo-sues-modded-hardware-and-r-switchpirates-moderator-archbox-240701/ |archive-date=10 Jul 2024 |access-date=22 Mar 2025 |website=TorrentFreak}}</ref>

*In May 2025, Nintendo updated their privacy policy<ref name=":0">{{Cite web |last=Nintendo |title=Nintendo Privacy Policy |url=https://accounts.nintendo.com/term/privacy_policy/US?lang=en-US |access-date=May 9, 2025 |website=Nintendo Accounts}}</ref> to reserve the company the right to remotely disable consoles owned by consumers if it detects modified hardware or software attempting to run on the system.<ref name=":1">{{Cite web |last=Nightingale |first=Ed |date=May 9, 2025 |title=Nintendo reserves the right to brick your console following "unauthorised use", in bid to prevent piracy |url=https://www.eurogamer.net/nintendo-reserves-the-right-to-brick-your-console-following-unauthorised-use-in-bid-to-prevent-piracy |access-date=May 9, 2025 |website=Eurogamer}}</ref>

===De-listing/destruction of access to games===
<blockquote>''Further Reading: [[Storefront shutdown#Wii U/3DS eShops (2012–2023)]], [[Storefront shutdown#Wii Shop Channel (2006–2019)]]'' </blockquote>In late January of 2019, Nintendo shut down their first digital storefront, the Wii Shop Channel.<ref>{{Cite web |date=2019 |title=Wii Shop Channel Discontinuation |url=https://en-americas-support.nintendo.com/app/answers/detail/a_id/27560/~/wii-shop-channel-discontinuation |url-status=live |access-date=7 May 2025 |website=Nintendo Customer Support}}</ref> Super Mario 3D All-Stars was pulled from the Nintendo eShop and store shelves on March 31st, 2021. <ref>{{Cite news |last=Martinez |first=Phillip |date=2021-03-02 |title='Super Mario 3D All-Stars' and More Still to be Removed by Nintendo in March |url=https://www.newsweek.com/super-mario-3d-all-stars-35-anniversary-game-watch-nintendo-removed-1573211 |work=Newsweek}}</ref> Anyone who downloaded the game or purchased a physical copy was granted access past the expiration date. On March 27, 2023, Nintendo shut down the Wii U and [[Nintendo 3DS|3DS]] eShops.<ref>{{Cite web |date=Apr 2023 |title=Notice of End of Purchases in Nintendo eShop for Wii U and Nintendo 3DUpdate April 2023 |url=https://www.nintendo.com/au/support/articles/wii-u-and-nintendo-3ds-eshop-discontinuation/ |url-status=live |access-date=7 May 2025 |website=Nintendo Support}}</ref> These shutdowns have made it nearly impossible to legally obtain new copies for hundreds of games. Titles affected include Splatoon, Super Mario Maker, Pokémon Picross, and more.<ref>{{Cite web |date=22 Mar 2023 |title=These are the 1,000 digital-only 3DS and Wii U games disappearing next week |url=https://www.videogameschronicle.com/features/analysis-digital-only-wii-u-3ds-games/ |url-status=live |access-date=7 May 2025 |website=www.videogameschronicle.com}}</ref> As of now, over 1,000 digitally exclusive games can only be obtained through piracy, and a subset requires additional modification to run.

In early 2025, [[Nintendo Switch Online]] (NSO) delisted a game for the first time, Super Soccer.<ref>{{Cite web |last=@GVG |date=28 Feb 2025 |title=First Game Removed from Nintendo Switch Online |url=https://www.youtube.com/watch?v=PSz-wKls0Wk |url-status=live |access-date=7 May 2025 |website=[[YouTube]]}}</ref><ref>{{Cite web |last=Glagowski |first=Peter |date=28 Feb 2025 |title=Nintendo of Japan announces title will be removed from NSO library, first time since launch |url=https://nintendowire.com/news/2025/02/28/nintendo-of-japan-announces-title-will-be-removed-from-nso-library-first-time-since-launch/ |url-status=live |access-date=7 May 2025 |website=Nintendo Wire}}</ref> With the previously mentioned events of delisting of products a consumer owns for their consoles, such as a physical game on disc or a previously downloaded digital title, consumers still had the ability to play these games, and in some instances, even reinstall them. However, with [[Nintendo Switch Online|NSO]] acting as a [[streaming service]] for games it provides to consumers, when a title is delisted, consumers completely and totally lose access to the game, unless the company who requested the title to be delisted were to re-list the game on the service. This event has caused rightful concern among consumers, because this may set a dangerous precedent for access to retro games in the future.<ref>{{Cite web |last=Flores Jr. |first=Johnny |date=1 Mar 2025 |title=Nintendo Is Delisting A Game From The Switch Online Library For The First Time |url=https://www.thegamer.com/nintendo-delisting-snes-game-from-switch-online-library/ |url-status=live |access-date=7 May 2025 |website=The Gamer}}</ref>

===Nintendo authorized repair===
<blockquote>Further Reading: [[Nintendo authorized repair]]

[[Nintendo refuses to repair water damaged Switch 2 console]]</blockquote>A man sent in their Nintendo Switch to Nintendo for repair of a broken charging port and was given an estimate of £132 (161.51 USD) to replace the entire motherboard, which would result in data loss and noted screen damage. This was despite the only damage to the console being to the charging port and a screen protector, and not the screen itself.<ref>{{Cite web |last=Rossmann |first=Louis |date=31 Jul 2021 |title=Why Nintendo authorized repair sucks: the incentives are at odds with a good repair experience |url=https://www.youtube.com/watch?v=UxKJn35DK8k |url-status=live |access-date=7 May 2025 |website=[[YouTube]]}}</ref>  

======Rust in new units of Switch 2======
Around early-mid July 2025 there have been findings of brand new Nintendo Switch 2 having rust on internal components.

On June 30th, 2025 a YouTube channel "BGA TECH ASSISTÊNCIA E TECNOLOGIA" uploaded a video titled "Swich 2 vs Oled, Technical Review, weight, motherboard, which has the biggest battery?". During the process of disassembly of the new device they discovered rust on an internal component (which can be seen in the video at around 17:16). <ref>{{Cite web |date=June 30, 2025 |title=Swich 2 vs Oled, Technical Review, weight, motherboard, which has the biggest battery? |url=https://www.youtube.com/watch?v=Xj_ne2cL_-U&t=1036s |website=youtube.com}}</ref>

On July 8th, 2025 a Nintendo customer made a post on Reddit<ref>{{Cite web |date=2025-07-08 |title=Bricked Switch 2, Nintendo claiming water damage |url=https://old.reddit.com/r/consolerepair/comments/1lugq83/bricked_switch_2_nintendo_claiming_water_damage/ |archive-url=https://web.archive.org/web/20250715124737/https://old.reddit.com/r/consolerepair/comments/1lugq83/bricked_switch_2_nintendo_claiming_water_damage/ |archive-date=2025-07-15 |website=reddit.com}}</ref> describing how Nintendo refused to repair a defective device under warranty. In this case, customer's device stopped turning on about a week after a purchase, but it still kept drawing some power. Customer sent the device to Nintendo for repairs. Nintendo replied that "CPU and LCD housing were corroded due to water damage", refused to repair device free of charge under "twelve (12) month from the day of purchase" limited warranty<ref>{{Cite web |title=Warranty and Service Information |url=https://en-americas-support.nintendo.com/app/answers/detail/a_id/50404 |archive-url=https://web.archive.org/web/20250708231402/https://en-americas-support.nintendo.com/app/answers/detail/a_id/50404 |archive-date=20225-07-08 |website=nintendo.com}}</ref> and wanted to charge customer around 35,000 yen (~$240) for a repair. Nintendo also confirmed that water damage indicator stickers did NOT change color. Customer refused receiving a repair, received unit back and made an unboxing video of this device. <ref>{{Cite web |date=2025-07-13 |title=Unboxing my DEAD Switch 2 |url=https://www.youtube.com/watch?v=K7Z4sWJK2J8 |website=youtube.com}}</ref>

===Joy-Con and Joystick related Hardware Failures===

[[Nintendo Switch Joy-Cons|Joy-Cons]] are the included controllers (retailing for $80) for the Nintendo Switch, and they are prone to failure via "stick drift" within a few months of purchase. According to the 2022 study by the British consumer protection group '''Which?''<nowiki/>', 40% of [[Nintendo Switch]] owners experienced [[Nintendo Switch Joy-Cons|Joy-Con]] drift.<ref>{{Cite web |last=Laughlin |first=Andrew |date=14 Jun 2022 |title=Two in five UK Nintendo Switch Classic consoles blighted by Joy-Con drift |url=https://www.which.co.uk/news/article/two-in-five-uk-nintendo-switch-classic-consoles-blighted-by-joy-con-drift-aVaRY2j5RoO8 |url-status=live |archive-url=https://web.archive.org/web/20220626212228/https://www.which.co.uk/news/article/two-in-five-uk-nintendo-switch-classic-consoles-blighted-by-joy-con-drift-aVaRY2j5RoO8 |archive-date=26 Jun 2022 |access-date=1 Jun 2025 |website=Which?}}</ref> This defect is also found in other official Nintendo controllers, like the Pro Controller (Pro-Cons), and the Switch Lite, a version of the Nintendo Switch that has its Joy-Cons built into the handheld system. Nintendo president Shuntaro Furukawa apologized for the "inconvenience" and subsequently launched Nintendo's "free repair program."

The way the "free repair program" works is that the user will send the defective [[Nintendo Switch Joy-Cons|Joy-Cons]] to Nintendo for "repair," which, in most cases, involves replacing the defective [[Nintendo Switch Joy-Cons|Joy-Cons]] with new ones. The problem arises in cases involving limited edition [[Nintendo Switch Joy-Cons|Joy-Cons]], where you have to sign off on consenting to the possibility of your limited edition or "non-standard colored" [[Nintendo Switch Joy-Cons|Joy-Cons]] being replaced with a standard color [[Nintendo Switch Joy-Cons|Joy-Con]] if they are sent to Nintendo for "repair." This leaves consumers with these limited edition [[Nintendo Switch Joy-Cons|Joy-Cons]] without a guaranteed way to get their products repaired if they use Nintendo's official repair service.

===The Big House Online Tournament (2020)===
On November 19th, 2020, The Big House, a Super Smash Brothers Melee and Ultimate tournament, announced on X (formerly known as Twitter) that they had received a cease and desist from Nintendo of America, and would be forced to cancel the tournament.<ref name=":5" /> Nintendo had told The Big House that they were not allowed to host their online tournament because of their use of a game modification. The modification was Slippi, which runs through a GameCube and Wii emulator called Dolphin to enable online functionality for Super Smash Bros. Melee.<ref>{{Cite web |title=About - What is Slippi? |url=https://slippi.gg/about |url-status=live |access-date=31 May 2025 |website=Slippi.gg}}</ref>

Because of the COVID-19 Pandemic, The Big House tournament was going to be run online primarily for attendees' safety. Melee is a video game from 2001 that does not have built-in online functionality, so it would have been impossible to run an online tournament for it without the use of modifications. A Nintendo of America spokesperson claimed that the cease and desist was issued to "protect [Nintendo's] intellectual property and brands". The spokesperson also stated that allowing the tournament to run would "condone or allow piracy of [Nintendo's] intellectual property". In other words, the spokesperson claimed that using Slippi would have required the use of pirated copies of Melee<ref name=":4" />, despite the fact that professional Melee players typically play legitimate copies of the game on official hardware to practice and compete.

===Etika JOYCONBOYZ Charity Shutdown===
On or around June 19, 2019, popular YouTuber Desmond Daniel Amofah known by his YouTube username Etika was found deceased after having committed suicide following a series of mental health issues. He was known for his livestream reactions to Nintendo's online events such as Nintendo Direct presentations. Known for his over-the-top reaction style, his fanbase became unofficially known as the "JOYCONBOYZ". Among tributes following his passing, fellow YouTuber JoyConJames created custom shells for the Nintendo Switch Joy-Con controllers known as Etikons which contained the official fan phrase "JOYCONBOYZ" printed on them with a proceed of sales for each shell going to mental health awareness and mental health research facilities. On December 6, 2020, JoyConJames uploaded a YouTube video announcing that he had received a cease & desist notice from Nintendo prohibiting him from selling the Joy-Con skins. The notion that the skins were being sold for charity and in honor of a fan of Nintendo and their work drew anger and criticism from the company's fan base.<ref>{{cite web |title= Custom Joy-Cons That Honor Deceased YouTuber Shut Down By Nintendo |url= https://screenrant.com/nintendo-switch-joycon-etika-joyconboyz-shut-down-charity/ |url-status=live |access-date=13, August 2025}}</ref>

===Nintendo V. Pocketpair===
Nintendo is suing Pocketpair, the developers of the extremely popular video game Palworld,<ref>{{Cite web |last=@Palworld_EN |date=19 Sep 2024 |title=Palworld_EN on X |url=https://x.com/Palworld_EN/status/1836692701355688146 |url-status=live |access-date=7 May 2025 |website=X}}</ref> for patent infringement, despite filing the patent after Palworld was already released to the public.<ref>{{Cite web |date=2 May 2024 |title=US Patent Application for STORAGE MEDIUM STORING GAME PROGRAM, GAME SYSTEM, GAME APPARATUS, AND GAME PROCESSING METHOD Patent Application (Application #20240278129) |url=https://patents.justia.com/patent/20240278129 |url-status=live |access-date=7 May 2025 |website=patents.justia.com}}</ref><ref>{{Cite web |last=@PirateSoftware |date=17 Oct 2024 |title=Palworld Lawsuit |url=https://www.youtube.com/watch?v=c4ZZx4wiofw |url-status=live |access-date=7 May 2025 |website=[[YouTube]]}}</ref><ref>{{Cite web |date=12 Feb 2025 |title=Nintendo Anti-Palworld Patent and Seeks More |url=https://gamerant.com/nintendo-anti-palworld-patents-uspto-infringement-lawsuit-implications/ |url-status=live |access-date=7 May 2025 |website=GameRant}}</ref> Should Nintendo win this case, users who purchased licenses for Palworld may be revoked.

===Nintendo Creators Program===
{{Main|Nintendo Creators Program}}
In 2013, Nintendo placed advertisements on let's play videos where their games were played, taking 100% of all revenue made by said adverts.<ref>{{Cite web |last=Plunkett |first=Luke |date=15 May 2013 |title=Nintendo Forcing Ads On Some YouTube "Let's Play" Videos |url=https://kotaku.com/nintendo-forcing-ads-on-some-youtube-lets-play-video-507092383 |url-status=live |archive-url=https://web.archive.org/web/20130607222601/https://kotaku.com/nintendo-forcing-ads-on-some-youtube-lets-play-video-507092383 |archive-date=7 Jun 2013 |access-date=22 Mar 2025 |website=Kotaku}}</ref> In 2015, Nintendo started a YouTube partnership program, which required the removal of all non-Nintendo related videos on the channel, creators being given 60% of revenue per video or 70% of the channel's gross revenue. The program only allowed games on an internal Nintendo-made whitelist which infamously lacked multiple large/popular releases of the time.<ref>{{Cite web |last=Orland |first=Kyle |date=29 Jan 2015 |title=Nintendo to share up to 70 percent of ad revenue with game YouTubers |url=https://arstechnica.com/gaming/2015/01/nintendo-to-share-up-to-70-percent-of-ad-revenue-with-game-youtubers/ |url-status=live |archive-url=https://web.archive.org/web/20150208085014/https://arstechnica.com/gaming/2015/01/nintendo-to-share-up-to-70-percent-of-ad-revenue-with-game-youtubers/ |archive-date=8 Feb 2015 |access-date=22 Mar 2025 |website=ArsTechnica}}</ref> In 2017, Nintendo announced that live streaming wasn't allowed for creators in their Creator Program.<ref>{{Cite web |last=Orland |first=Kyle |date=2 Oct 2017 |title=Nintendo no longer welcoming YouTube livestreams of its games |url=https://arstechnica.com/gaming/2017/10/nintendo-cuts-off-ad-program-for-youtube-livestreamers/ |url-status=live |archive-url=https://web.archive.org/web/20171004040443/https://arstechnica.com/gaming/2017/10/nintendo-cuts-off-ad-program-for-youtube-livestreamers/ |archive-date=4 Oct 2017 |access-date=22 Mar 2025 |website=ArsTechnica}}</ref> It ended in 2018<ref>{{Cite web |last=Orland |first=Kyle |date=29 Nov 2018 |title=Nintendo ends controversial YouTube revenue-sharing program |url=https://arstechnica.com/gaming/2018/11/nintendo-loosens-content-restrictions-ends-revenue-splitting-for-video-makers/ |url-status=live |archive-url=https://web.archive.org/web/20181130073206/https://arstechnica.com/gaming/2018/11/nintendo-loosens-content-restrictions-ends-revenue-splitting-for-video-makers/ |archive-date=30 Nov 2018 |access-date=22 Mar 2025 |website=ArsTechnica}}</ref>, with Nintendo stating they “encourage you to create videos that include your creative input and commentary” and that “Videos and images that contain mere copies of Nintendo Game Content without creative input or commentary are not permitted.”<ref>{{Cite web |first= |date=2 Sep 2024 |title=Nintendo Game Content Guidelines for Online Video & Image Sharing Platforms |url=https://www.nintendo.co.jp/networkservice_guideline/en/index.html?n |url-status=live |archive-url=https://web.archive.org/web/20250322224418/https://www.nintendo.co.jp/networkservice_guideline/en/index.html?n |archive-date=22 Mar 2025 |access-date=22 Mar 2025 |website=Nintendo}}</ref>

===Nintendo Switch 2 USB-C port anti-competitiveness===
Nintendo Switch 2 and its dock transfer information like all other USB-C connections, but they will talk in code effectively denying all other connections seeking to display video. Research from The Verge has shown that this language is almost exclusive to the Switch 2, but did find one notable exception: the Antank S3 Max TV dock at the lower price point of $29.99. <ref>{{Cite web |last=Hollister |first=Sean |date=2025-07-02 |title=How Nintendo locked down the Switch 2’s USB-C port and broke third-party docking {{!}} The Verge |url=https://www.theverge.com/report/695915/switch-2-usb-c-third-party-docks-dont-work-authentication-encryption |url-status=live |archive-url=https://web.archive.org/web/20250717114136/https://www.theverge.com/report/695915/switch-2-usb-c-third-party-docks-dont-work-authentication-encryption |archive-date=2025-07-17 |website=The Verge}}</ref><ref>{{Cite web |title=Antank S3 MAX TV Dock Station for Nintendo Switch 2 -- Antank Official Store |url=https://antank.net/products/s3-max?srsltid=AfmBOoqng_pXTXBmI-2YvHnJ4xniibP4VL8ovodbh-w5IPSgdrSGiDUE |url-status=live |archive-url=https://web.archive.org/web/20250816195135/https://antank.net/products/s3-max?srsltid=AfmBOoqng_pXTXBmI-2YvHnJ4xniibP4VL8ovodbh-w5IPSgdrSGiDUE |archive-date=2025-08-16 |website=Antank}}</ref> In practice, this means Nintendo has a near monopoly on docks and it would be possible for them to enact a firmware update to stop all independent companies who may have found a way to make their technology compatible. <ref>{{Cite web |last=Khullar |first=Kunal |date=2025-07-03 |title=Nintendo is restricting the Switch 2's USB-C port — most third-party docks and accessories won't work thanks to proprietary protocols |url=https://www.tomshardware.com/video-games/nintendo/nintendo-is-restricting-the-switch-2s-usb-c-port-most-third-party-docks-and-accessories-wont-work-thanks-to-proprietary-protocols |url-status=live |archive-url=https://web.archive.org/web/20250816194217/https://www.tomshardware.com/video-games/nintendo/nintendo-is-restricting-the-switch-2s-usb-c-port-most-third-party-docks-and-accessories-wont-work-thanks-to-proprietary-protocols |archive-date=2025-08-16 |website=Tom's Hardware}}</ref> To buy an official Nintendo Switch 2 dock from the Nintendo store it costs $124.99 and many customers would prefer a cheaper alternative. <ref>{{Cite web |title=Nintendo Switch 2 Dock Set - Nintendo Official Site |url=https://www.nintendo.com/us/store/products/nintendo-switch-2-dock-set-123791/?srsltid=AfmBOoq7cJk9ApjZW8IBGczhFHnf4gINg7U8BJsMyi5GH-wr_K-0TVf4 |url-status=live |archive-url=https://web.archive.org/web/20250816193742/https://www.nintendo.com/us/store/products/nintendo-switch-2-dock-set-123791/?srsltid=AfmBOoq7cJk9ApjZW8IBGczhFHnf4gINg7U8BJsMyi5GH-wr_K-0TVf4 |archive-date=2025-08-16 |website=Nintendo}}</ref> Customers report the device's Ethernet port occasionally disconnects and others say it can overheat due to the poor design blocking ventilation. <ref>{{Cite web |last=Corsetti |first=Adam |date=2025-07-03 |title=USB-C port testing explains why a third-party Nintendo Switch 2 dock won't work with console - NotebookCheck.net News |url=https://www.notebookcheck.net/USB-C-port-testing-explains-why-a-third-party-Nintendo-Switch-2-dock-won-t-work-with-console.1049869.0.html |url-status=live |archive-url=https://web.archive.org/web/20250816200245/https://www.notebookcheck.net/USB-C-port-testing-explains-why-a-third-party-Nintendo-Switch-2-dock-won-t-work-with-console.1049869.0.html |archive-date=2025-08-16 |website=Notebook Check}}</ref>

USB-C port restrictions in order to halt 3rd-party competition with docks and other accessories. These restrictions are caused by encrypted communications between the official dock and the console, as 3rd-party devices use a universal standard that Nintendo refuses to use.

===Controversial agreements and policies===
{{Main|Nintendo's May 2025 Policy Updates}}
On May 8th, 2025, Nintendo changed their privacy policy<ref name="PrivacyPolicyMain">{{Cite web |title=Nintendo Privacy Policy |url=https://accounts.nintendo.com/term/privacy_policy/US?lang=en-US |access-date=May 15, 2025 |website=Nintendo Accounts}}</ref><ref name="PrivacyPolicySummaryChanges">{{Cite web |title=Nintendo Privacy Policy - What's Changed? |url=https://www.nintendo.com/us/privacy-policy/whats-changed/ |access-date=May 15, 2025 |website=Nintendo}}</ref> and Nintendo Account User Agreement,<ref name="EULAMain2">{{Cite web |title=Nintendo Account User Agreement |url=https://accounts.nintendo.com/term/eula/US?lang=en-US |access-date=May 15, 2025 |website=Nintendo Accounts}}</ref> with features inside both which have the potential to negatively impact consumers. Highlights such as Section 6 (Adherence to content guidelines), Section 13 (reservation to render hardware/software inaccessible), and section 16 (forced arbitration) are key features that come to the risk of right to ownership of hardware and software that consumers may have paid for.

Considerable backlash occurred especially over section 13, as both consumers<ref name="RunNGameYouTube">{{Cite web |last=Run N Game Entertainment |date=May 13, 2025 |title=Is Nintendo breaking the law? |url=https://www.youtube.com/watch?v=0hOiD-lvaok |access-date=May 14, 2025 |website=YouTube}}</ref><ref name="FashoKangYouTube">{{Cite web |last=Fasho |first=Kang |date=May 11, 2025 |title=The Switch 2 will RUIN Gaming [Full Controversy Explained] (Angry Rant) |url=https://www.youtube.com/watch?v=0P8Pv97mt8U |access-date=May 14, 2025 |website=YouTube}}</ref><ref name="NintenDeenYouTube">{{Cite web |last=NintenDeen |date=May 9, 2025 |title=Console Bans |url=https://www.youtube.com/watch?v=v1H6cKTNxKM |access-date=May 14, 2025 |website=YouTube}}</ref> and outlets<ref name="EurogamerBricking2025">{{Cite web |last=Nightingale |first=Ed |date=May 9, 2025 |title=Nintendo reserves the right to brick your console following "unauthorised use", in bid to prevent piracy |url=https://www.eurogamer.net/nintendo-reserves-the-right-to-brick-your-console-following-unauthorised-use-in-bid-to-prevent-piracy |access-date=May 9, 2025 |website=Eurogamer}}</ref><ref name="GameFileEffectiveDate">{{Cite news |last=Totilo |first=Stephen |date=May 8, 2025 |title=Nintendo warns it may brick Switch systems whose users “bypass, modify, decrypt, defeat, tamper with” their games and services |url=https://www.gamefile.news/p/nintendo-emulation-hacking-brick-warning-terms-of-service |access-date=May 15, 2025 |work=Game File}}</ref> believe this means Nintendo reserved the right to effectively "brick" consoles such as the [[Nintendo Switch]] or its successor.<ref name=":1" /> This also may concern repair shops, as they may be required to instead purchase proprietary repair software from Nintendo to run diagnostics for the console, or otherwise risk bricking the console running personal/community-developed software.

===Deliberately locking Switch 2 consoles behind an online-only patch===
Users have reported Switch 2 consoles being in stock in some stores,<ref>{{Cite news |last=Reynolds |first=Ollie |date=May 26, 2025 |title=US Retailers Are Reportedly Starting To Receive Switch 2 Stock |url=https://www.nintendolife.com/news/2025/05/us-retailers-are-reportedly-starting-to-receive-switch-2-stock |access-date=May 28, 2025 |work=Nintendo Life}}</ref><ref name=":2">{{Cite web |last=Alleexxi |date=May 27, 2025 |title=The Nintendo Switch 2 is already in end users' hands. {{!}} Switch Locked behind Day 1 Patch |url=https://www.reddit.com/r/NintendoSwitch2/comments/1kwv8go/the_nintendo_switch_2_is_already_in_end_users/ |archive-url=https://web.archive.org/web/20250527185423/https://www.reddit.com/r/NintendoSwitch2/comments/1kwv8go/the_nintendo_switch_2_is_already_in_end_users/ |archive-date=May 27, 2025 |access-date=May 28, 2025 |website=[[Reddit]]}}</ref> however for these users who did get their hands on the console early among a multitude of reasons, these consoles are locked behind a patch that requires an internet connection to Nintendo servers to use the consoles.<ref name=":2" /><ref name=":3">{{Cite web |last=Kent |first=Bobby |date=May 27, 2025 |title=Nintendo Switch 2 Gets Out Early, But It’s Locked Behind A Day 1 Patch |url=https://gameluster.com/nintendo-switch-2-gets-out-early-but-its-locked-behind-a-day-1-patch/ |access-date=May 28, 2025 |website=Game Luster}}</ref> While this is a measure used to deter piracy ahead of the system's launch,<ref name=":3" /> this does mean that users will be required to connect to the internet to have any viable console functionality post-launch.<ref>{{Cite news |last=Drake |first=John |date=May 27, 2025 |title=Early Leak of Nintendo Switch 2 Get Locked Out By Day 1 Patch |url=https://gurugamer.com/pc-console/early-leak-of-nintendo-switch-2-get-locked-out-by-day-1-patch-24742 |access-date=May 28, 2025 |work=Guru Gamer}}</ref><ref>{{Cite news |last=Hagues |first=Alana |date=May 27, 2025 |title=Switch 2 Units Are Allegedly Out In The Wild, But You Might Need An Update For Switch 1 Games |url=https://www.nintendolife.com/news/2025/05/switch-2-units-are-allegedly-out-in-the-wild-but-you-might-need-an-update-for-switch-1-games |access-date=May 28, 2025 |work=Nintendo Life}}</ref>

Despite these measures, a sizeable portion of the Switch 1 library, and especially AAA titles, will not be available to play post-launch for an undetermined period of time.<ref>{{Cite web |last=FritangaPlays |date=May 28, 2025 |title=Over 100 Switch 2 Games That Will Not Work At Launch! OFFICIAL UPDATE |url=https://www.youtube.com/watch?v=930oJHZd4Y0 |access-date=May 28, 2025 |website=[[YouTube]]}}</ref>

===Console bans stripping vital features===
{{Main|Nintendo Switch bans}}
There have been reports from users that the usage of the MIG Switch cartridge on the [[Nintendo Switch|''Nintendo Switch 2'']] will cause the device to be banned from all online services provided to the console,<ref name=":32">{{Cite web |last=Scattered Brain |date=Jun 16, 2025 |title=Soo... Nintendo banned my Switch 2 (Don't try the MIG Switch!) |url=https://www.youtube.com/watch?v=ExgYTA18_vo&t=656s |access-date=Jun 18, 2025 |website=[[YouTube]]}}</ref><ref>{{Cite journal |last=Faulkner |first=Cameron |date=Jun 17, 2025 |title=Nintendo will take your Switch 2 offline forever if you use a Mig flash cartridge |url=https://www.theverge.com/news/688483/nintendo-switch-2-ban-error-code-mig-flash-cartridge-online |journal=The Verge}}</ref><ref>{{Cite web |last=Ratchet Mods |date=Jun 20, 2025 |title=Nintendo BRICKS MIG Flash user's Switch 2 - The Difference between banning a Switch and BRICKING it |url=https://www.youtube.com/watch?v=rn4969P2RIA |access-date=Jun 20, 2025 |website=[[YouTube]]}}</ref> regardless of the usage of the cartridge for legitimately dumped software, homebrew, or otherwise. Compared to previous console generations, the online bans on the [[Nintendo Switch|''Nintendo Switch 2'']] will cause a soft-brick, as vital features such as the ''eShop'' or factory resetting the device are permanently disabled. <ref name=":02">{{Cite news |last=Orland |first=Kyle |date=Jun 17, 2025 |title=Switch 2 users report online console bans after running personal game “backups” |url=https://arstechnica.com/gaming/2025/06/playing-personal-game-backups-could-get-your-switch-2-banned-by-nintendo/ |access-date=Jun 19, 2025 |work=Ars Technica}}</ref>

The disabling of the ''eShop'' in particular means the console cannot download games or updates, and in particular disables the functionality of [[Switch Game Key-Card|game-key cards]], which require access to the ''eShop'' to be capable of downloading the game.<ref>{{Cite news |last=Cohen |first=Jason |date=Jun 5, 2025 |title=Buying Physical? Watch Out For the Switch 2's Game-Key Cards |url=https://www.pcmag.com/explainers/nintendo-switch-2-game-cards-vs-game-key-cards-vs-downloads-whats-the-difference |access-date=Jun 18, 2025 |work=PC Mag}}</ref>

==='''Patented gameplay mechanics (2025)'''===
In September 2025 Nintendo and The Pokémon Company were granted U.S. patent [https://archive.org/details/12403397/page/n1/mode/2up US 12,403,397 B2] covering a method of summoning a secondary character and instantly initiating a “fast mode” battle when an enemy occupies the location. While seemingly narrow, critics warn the wording is broad enough to overlap with common mechanics in MMORPGs, action RPGs, and other real-time combat games. Observers argue that enforcing such a patent could stifle creativity, complicate development of similar features in future titles, and even create legal uncertainty for existing games that already use comparable encounter or companion-summoning systems.<ref>{{Cite web |date=2025-09-10 |title=Patent No.: US 12,403,397 B2 |url=https://archive.org/details/12403397/page/n1/mode/2up}}</ref>

==Products==

===Console Hardware===

*[[Nintendo 3DS|3DS/2DS]]
*Nintendo Wii U
*[[Nintendo Switch]]/Switch 2

===Console peripherals/add-ons===

*[[Nintendo Switch Joy-Cons|Joy-Con]]
*[[Switch Pro Controller]]
*[[Switch Game Key-Card]]

===Software===

*[[Nintendo Switch Online]]

==References==
{{reflist}}
[[Category:{{PAGENAME}}]]

Consent-or-pay

2025-10-20T08:17:35Z

Cedar: /* Alternative practices */Remove duplicate word.

'''Consent-or-pay''', also known as '''consent-or-okay''', is a business model implemented in response to the European Union's ''[[General Data Protection Regulation]]'' [[General Data Protection Regulation|(GDPR)]]. Under this model, users of a website are presented with a choice to either:

*'''Consent''' to the use of cookies and personal data for targeted advertising, '''or'''
*'''Pay''' a small monthly fee to access the service without tracking.

The practice has been the subject of discussion among regulators, policymakers, and consumer advocates, with many viewing the practice as undermining the principle of meaningful consent within the General Data Protection Regulation. Consent-or-pay has been adopted by a number of large online platforms and news organizations. As of August 2025, 16 of the 50 largest UK news websites had implemented a consent-or-pay model.<ref name="Press Gazette">{{Cite web |first=Charlotte |last=Tobitt |title=Press Gazette, More UK news publishers are adopting 'consent or pay' advertising model |url=https://pressgazette.co.uk/marketing/consent-or-pay-uk-publishers-advertising-2025/ |url-access=limited |date=21 Aug 2025 |access-date=1 Sep 2025 |url-status=live |archive-url=https://web.archive.org/web/20250821204423/https://pressgazette.co.uk/marketing/consent-or-pay-uk-publishers-advertising-2025/ |archive-date=21 Aug 2025}}</ref>

==Background==
{{Main|General Data Protection Regulation}}

The General Data Protection Regulation was enacted in 2018 with the objective of protecting online users from extensive data collection by companies. The regulation requires companies to obtain user consent for data collection, which is typically facilitated through an opt-in banner or pop-up on a website.

Some companies reported a negative impact on revenue following the regulation's implementation<ref name=":2">{{Cite web |last=Mititelu |first=Andra |date=2023 |title=As the Open Marketplace Fails, Advertisers Are Turning to Publishers to Reach Audiences |url=https://advertisingweek.com/as-the-open-marketplace-fails-advertisers-are-turning-to-publishers-to-reach-audiences/ |url-status=live |archive-url=https://web.archive.org/web/20230927212627/https://advertisingweek.com/as-the-open-marketplace-fails-advertisers-are-turning-to-publishers-to-reach-audiences/ |archive-date=27 Sep 2023 |access-date=1 Sep 2025 |website=Advertising Week}}</ref>, as the scale of data collection for targeted advertising was reduced. The consent-or-pay model emerged as an approach to address this change.

==How it works==
When a user visits a website, a pop-up consent window is displayed. While traditional options were to '''Accept''' or '''Reject''' cookies, the consent-or-pay model presents users with the options to '''Accept or Pay'''.

*The payment is typically a monthly fee (e.g. £1.99 per month).
*Many sites employing this model were previously free-to-access and funded primarily through advertising.
*Users must now either pay with their personal data or with a monetary fee.

This effectively introduces a paywall for content that is considered freely available, even in the absence of a traditional subscription model.

==Why it is a problem==

===Invalid consent===
This binary choice model raises questions about the validity of consent as users are required to choose between two options, both of which involve a form of payment for content that is considered free.

===Lack of informed consent===
Companies typically state that cookies and data collection are for "personalized ads" and "improving services." The extent to which user data is stored, shared with third-parties, sold to data brokers, or potentially exposed in data breaches is often not detailed. This may lead to users underestimating the long-term implications of sharing their personal data.

===False equivalence===
The consent-or-pay model equates the value of a user's data to a specific monetary amount. The methodology for calculating this equivalent monthly fee comes into question as it is difficult to ascertain the precise advertising revenue generated from an individual user. The fee is often based on an average revenue per user (ARPU) metric, which applies a generalized value to all users regardless of their individual engagement with advertisements and despite studies suggesting that data cannot be fairly valued<ref>{{Cite web |last=Fleckenstein |first=Mike |date=26 Jan 2023 |title=A Review of Data Valuation Approaches and Building and Scoring a Data Valuation Model |url=https://hdsr.mitpress.mit.edu/pub/1qxkrnig/release/1 |website=HDSR. MIT Press}}</ref><ref>{{Cite web |last=Diehl |first=Hannah |date=14 Jun 2025 |title=Semivalue-based data valuation is arbitrary and gameable |url=https://arxiv.org/abs/2506.12619 |url-status=live |archive-url=https://arxiv.org/abs/2506.12619 |website=Cornell University}}</ref><ref>{{Cite web |date=27 Jun 2025 |title=Why ARPU Lies: The Danger of Averages in Pricing Analytics |url=https://www.getmonetizely.com/articles/why-arpu-lies-the-danger-of-averages-in-pricing-analytics |website=Monetizely}}</ref>.

===Illusion of a fair exchange===
The model can create a perception that a fair exchange is taking place. By offering a seemingly low monthly fee as an alternative to data collection, users may believe they are compensating the company fairly for lost advertising revenue. This can influence the decision-making process regarding data privacy.

==Meta investigation and fine==
Following an investigation by the European Commission, [[Meta]] was fined on 23 April 2025 for non-compliance with the [[Digital Markets Act]] (DMA). The investigation concluded that Meta's consent-or-pay model did not meet the DMA's requirements for reducing personalized data for targeted ads and did not allow for freely given consent.<ref>{{Cite web |date=30 Jun 2024 |title=Commission sends preliminary findings to Meta over its "Pay or Consent" model for breach of the Digital Markets Act |url=https://ec.europa.eu/commission/presscorner/detail/en/ip_24_3582 |website=European Commission}}</ref> Meta was fined €228 million in April, and by July, the European Commission warned that the company could face additional daily fines if it continued to employ this model.<ref>{{Cite web |author=Foo Yun Chee |title=Meta may face daily fines over pay-or-consent model, EU warns |url=https://www.reuters.com/sustainability/boards-policy-regulation/meta-will-only-make-limited-changes-pay-or-consent-model-eu-says-2025-06-27/ |date=27 Jun 2025 |access-date=1 Sep 2025 |website=Reuters |url-status=live |archive-url=https://archive.is/WlLFg |archive-date=1 Sep 2025}}</ref>

==Uses==

===News organizations===
Several media outlets in Europe have adopted consent-or-pay models, including:

*The Mirror
*The Independent
*Der Spiegel
*Der Standard
*Le Monde
*Le Parisien
*Corriere della Sera
*MeridioNews<gallery mode="slideshow">
File:Screenshot 20250910-195708 IronFox.png|alt=Screenshot of MeridioNews' consent-or-pay policy viewed on a mobile browser. (written in Italian)|Screenshot of MeridioNews' consent-or-pay policy appearing after rejecting cookies on [https://meridionews.it/piazzale-anita-garibaldi-ennesimo-raid-dei-vandali-la-provocazione-di-artale-mettiamo-una-garitta/ one of their articles]
File:08cd9c3c-fd76-4cc0-bf9a-0e85d8133609.png|alt=(machine-translated from Italian) screenshot of MeridioNews' consent-or-pay policy appearing after rejecting cookies on one of their articles, viewed from a mobile device|(machine-translated) screenshot of MeridioNews' consent-or-pay policy
</gallery>
==Critical response==

===Regulatory agencies===
In 2024, the European Data Protection Board (EDPB) published a non-binding opinion on "Valid Consent in the Context of Consent or Pay Models Implemented by Large Online Platforms." The opinion stated that the consent-or-pay model does not constitute valid consent and that appropriate alternative measures should provide users with an "equivalent alternative." Furthermore, it noted that if a payment model is offered, the alternative should not involve processing personal data. Choices in which users feel compelled to consent does not qualify as valid consent.<ref name=":0">{{Cite web |date=17 Apr 2024 |title=EDPB: 'Consent or Pay' models should offer real choice |url=https://www.edpb.europa.eu/news/news/2024/edpb-consent-or-pay-models-should-offer-real-choice_en |url-status=dead |archive-url=https://web.archive.org/web/20250711204531/https://www.edpb.europa.eu/news/news/2024/edpb-consent-or-pay-models-should-offer-real-choice_en |archive-date=11 Jul 2025 |access-date=1 Sep 2025 |website=European Data Protection Board}}</ref>

Anu Talus, Chair of the EDPB, said:<blockquote>"Online platforms should give users a real choice when employing 'consent or pay' models. The models we have today usually require individuals to either give away all their data or to pay. As a result most users consent to the processing in order to use a service, and they do not understand the full implications of their choices."<ref name=":0" /></blockquote>

===Consumer advocacy groups===
"[[NOYB|noyb]]" is a data protection advocacy organization based in Austria that focuses primarily on compliance and violations of the General Data Protection Regulation<ref>{{Cite web |title=About Us |url=https://noyb.eu/en/about-us |website=noyb}}</ref>. In November 2023, the group filed a complaint with the Austrian Data Protection Authority against Meta, arguing that the company lacked "any valid legal basis for [pay-or-okay]. [...] Meta is now trying to extort supposed consent from its users with a 'yes or pay' choice".<ref>{{Cite web |date=28 Nov 2023 |title=COMPLAINT UNDER ARTICLE 77(1) GDPR |url=https://noyb.eu/sites/default/files/2023-11/Complaint%20-%20Meta%20Pay%20or%20Okay%20-%20REDACTED.pdf |website=noyb - European Centre for Digital Rights}}</ref> The complaint cited the high costs of rejecting personalized ads, which was €12.99 per month for [[Facebook]] and €8 per month for [[Instagram]], approximating a combined annual cost of €251.88.<ref name=":1">{{Cite web |date=28 Nov 2023 |title=noyb files GDPR complaint against Meta over "Pay or Okay" |url=https://noyb.eu/en/noyb-files-gdpr-complaint-against-meta-over-pay-or-okay |website=noyb}}</ref> ''noyb'' expressed concern that Meta's approach could set a precedent for other platforms, potentially leading to €35,000 per family when combined with other platforms and websites<ref name=":1" />.

==Effectiveness==
''The Open Marketplace'', once considered the easiest and most efficient platform for advertisers and publishers to transact, has been facing steady decline since the General Data Protection went into effect<ref name=":2" />. In a report by Advertising Week published in September 2023, advertisers using Open Marketplace were reaching only roughly 30% of their audience, meaning that 70% of advertising efforts were wasted due to users opting out of data collection<ref name=":2" />. Their findings were based upon a report from ''Nano Interactive,'' a company that claims to be "at the forefront of privacy-first, identity-free online advertising"<ref>{{Cite web |title=Who We Are |url=https://www.nanointeractive.com/company/ |website=Nano Interactive}}</ref>, in which the company surveyed 2,000 UK consumers and found that 70% of them rejected cookies using various methods (VPN, incognito mode, clearing cache, etc)<ref name=":3">{{Cite web |title=UK Cookie-Blocking Research |url=https://www.nanointeractive.com/tipping-point-research/ |website=Nano Interactive}}</ref><ref name=":4">{{Cite web |last=O'Connell |first=Vanessa |date=9 May 2023 |title=70% of consumers blocking cookies online, research shows |url=https://www.thedrum.com/opinion/2023/05/09/70-consumers-blocking-cookies-online-research-shows |url-status=live |archive-url=https://web.archive.org/web/20230511090722/https://www.thedrum.com/opinion/2023/05/09/70-consumers-blocking-cookies-online-research-shows |archive-date=11 May 2023 |access-date=1 Sep 2025 |website=The Drum}}</ref>.

''The Drum'' reported on that same survey by noting the increasing discomfort consumers have on trading personal data for free content<ref name=":4" />. Those in the survey were split 30-30% on whether they view this as a fair exchange, but over half believe advertisers should find better ways to make ads relevant. Additionally, it was reported that of consumers who are concerned about privacy, 42% report data collection as their biggest concern, while only 31% are concerned with data breaches or online scams respectively<ref name=":3" /><ref name=":4" />.

==Alternative practices==
'''Contextual advertising''' is a model that serves ads based on the content of the page a user is viewing (e.g., food ingredients on a recipe page). This advertising model had once been considered the standard on the internet and has returned in high numbers since the General Data Protection Regulation went into effect<ref name=":5">{{Cite web |last=Davies |first=Jessica |date=7 Jun 2018 |title=‘Personalization diminished’: In the GDPR era, contextual targeting is making a comeback |url=https://digiday.com/media/personalization-diminished-gdpr-era-contextual-targeting-making-comeback/ |website=Digiday}}</ref><ref name=":6">{{Cite web |last=Maher |first=Bron |date=21 Nov 2023 |title=Guardian gets around readers who reject cookies with new advertising product |url=https://pressgazette.co.uk/marketing/guardian-light-reject-cookies-advertising-stereotype/ |url-access=limited |url-status=live |archive-url=https://web.archive.org/web/20231128184011/https://pressgazette.co.uk/marketing/guardian-light-reject-cookies-advertising-stereotype/ |archive-date=28 Nov 2023 |access-date=1 Sep 2025 |website=Press Gazette}}<nowiki>}}</nowiki></ref>. ''The Guardian'', a UK-based news organization, reported a 35% increase in ad clicks after emplying this model, describing it as "a perfect advertising product for a privacy conscious brand"<ref name=":6" />. An article from ''Digiday'' reports that some publishers had long complained at the loss of contextual advertising in the rush to micro-target through personalized ads<ref name=":5" />. They state the infamous ''ad-pocalypse'' from YouTube could have been avoided if advertisers stuck with contextual advertising instead of following users around the internet<ref name=":6" />.

==See also==
[[Europe-based news sites enact consent-or-pay for data tracking]]

[https://noyb.eu/en/years-inactivity-pay-or-ok-cases-noyb-sues-german-dpas Years of inactivity in “Pay or OK” cases: noyb sues German DPAs]

[https://noyb.eu/en/noybs-pay-or-okay-report-how-companies-make-you-pay-privacy noyb's Pay or Okay report: how companies make you pay for privacy]

[https://digiday.com/media/personalization-diminished-gdpr-era-contextual-targeting-making-comeback/ ‘Personalization diminished’: In the GDPR era, contextual targeting is making a comeback]

==References==
{{Reflist}}

[[Category:Common terms]]
[[Category:Theme]]
[[Category:Anti-Consumer Practices]]

Shopee

2025-10-20T08:16:56Z

Cedar: Remove duplicate word.

{{Incomplete|Issue 1=Article contains original research. Needs more references and in-text citations.}}{{InfoboxCompany
| Name = Shopee
| Type = Subsidiary
| Founded = 2015
| Industry = E-commerce
| Official Website = https://shopee.com/
| Logo = Shopee.png
}}

'''{{Wplink|Shopee|Shopee Pte., Ltd.}}''', commonly known as '''Shopee''', is an e-commerce website, founded in 2015 in Singapore, operating primarily in southeast Asia and Latin America. Shopee operates under '''{{Wplink|Sea Ltd}}''', which is listed on the New York Stock Exchange under the $SE ticker.<ref>{{Cite web |title=Sea Limited (SE) |url=https://finance.yahoo.com/quote/SE/ |url-status=live |access-date=19 Mar 2025 |website=yahoo! finance}}</ref>

Shopee is for the East (outside of China) as [[Amazon]] is for much of the West. Shopee has been named the largest e-commerce platform in southeast Asia, with almost half of the region's $47.9 billion USD in total gross merchandise volume in 2023 being attributed to Shopee.<ref>{{Cite web |title=Ecommerce in Southeast Asia 2023 |url=https://momentum.asia/product/ecommerce-in-southeast-asia-2023/ |url-status=live |access-date=19 Mar 2025 |website=Momentum}}</ref>

Coincidentally, Shopee is known to engage in unethical behavior. While Shopee does not sell the majority of its products directly and relies on a vast number of sellers to shape its online marketplace, the fact that unethical or illegal practices have been allowed to continue for years and are still present to this day without any intervention suggest that Shopee is complicit in misleading consumers.

==Review Manipulation==

===Incentivized reviews===
{{Incomplete section}}


===Removal of unfavorable reviews===
{{Incomplete section}}

===Product and review stacking===
Shopee enables review fraud and manipulation further by allowing multiple variants of a product to be listed under one product listing.

This is obviously intended for use cases such as:

#Same base product with different colors as variants (e.g. Clothes, home appliances)
#Same base product with different sizes as variants (e.g. Phone cases)

====Stacking used and new products====
Unethical sellers often group used and new products together, so that the lower price shows up on search results (see the given screenshot on Alienware AW3225QF).

In the given example:

*The customer is able to see {{Wplink|Malaysian ringgit|RM}}4,690 ($1,040 USD) as the listed price of the Alienware AW3225QF monitor on search results and the seller's storefront.

[[File:Shopee_product_stacking_misleading_pricing.png|thumb|Shopee product stacking and review stacking by listing multiple variants under 1 product listing.]]

*Upon clicking on the product, the customer will discover that the displayed price of RM4,690 is actually for a refurbished product.<ref>https://shopee.com.my/Alienware-AW3225QF-32-4K-QD-OLED-Gaming-Monitor-240Hz-(OC)-Refresh-Rate-0.03-ms-Response-Rate-with-Free-Shipping-i.64728735.25162663808</ref>
*The real cost to buy the product new is RM5,170 ($1,147 USD).

====Stacking completely different products====
Some sellers also outright group different, unrelated products together under one listing to stack reviews (see the screenshot on Dell UltraSharp U4025QW).

In the given example:

*The customer searches for a "Dell U4025QW" and sees one listed for RM7,000 ($1,553 USD) in search results.
*Upon clicking on the product, the customer will discover that the displayed price is actually for a refurbished Dell U4021QW (a different, older product that is refurbished).<ref>https://shopee.com.my/Dell-UltraSharp-U4025QW-U4021QW-5K-Curved-Thunderbolt-Hub-WUHD-Monitor-with-IPS-Black-Panel-Free-Shipping-i.64728735.6081544385</ref>
*And the real cost to buy the Dell U4025QW new is actually RM 9,740 ($2,161 USD).

===Product hijacking===
Shopee enables its sellers to completely change a listed product in title, description and images, while retaining reviews of the originally listed product. This allows sellers to boost newly launched products, which would not yet have any buyers, to immediately have glowing 5-star reviews.
[[File:Shopee manipulated product listing carry forward old reviews.png|thumb|Product review hijacking example: Multiple 5 star reviews on the Shopee product page of a Dell UltraSharp U4025QW monitor dating back as early as June 2021. The Dell UltraSharp U4025QW was announced on January 3, 2024 and "available globally beginning February 27, 2024."]]
In the pictured example of a Dell UltraSharp U4025QW monitor, there are multiple 5-star reviews on its Shopee product page dating back as early as June 2021.<ref>{{Cite web |title= |url=https://shopee.sg/%E3%80%90Same-Day-Delivery%E3%80%91Dell-UltraSharp-40-Curved-Thunderbolt%E2%84%A2-Hub-Monitor-U4025QW-i.231994510.7691275253
|website=Shopee |date=1 Sep 2025 |access-date= |url-status=live |archive-url= |archive-date= |url-access=registration}}</ref> The Dell UltraSharp U4025QW was announced on January 3, 2024 and "available globally beginning February 27, 2024."<ref>{{Cite web |last=Lee |first=Yoon |date=3 Jan 2024 |title=Meet the New Five-Star Certified Monitors for Eye Comfort |url=https://www.dell.com/en-sg/blog/meet-the-new-five-star-certified-monitors-for-eye-comfort/ |url-status=live |access-date=19 Mar 2025 |website=Dell Blog}}</ref>

==Forced app download==
E-commerce giant Shopee which has a strong hold in online retail in South East Asia and Latin America has integrated a soft [[Forced App Download Experience|forced app download experience]] to their customer experience since 2022 through coupon use restrictions.{{Citation needed}}

While it is still possible to browse, shop and checkout on a web browser, coupons usable on the web experience (regardless if mobile or desktop device) are limited to "Shipping Discount" coupons only. All other shopping coupons "Discount & Cashback" are only usable with Shopee's apps on iOS and Android.{{Citation needed}}

When a customer attempts to check out on a web browser, Shopee shows that Discount & Cashback coupons are not usable because "Current device does not meet voucher T&C." On closer inspection of the terms and conditions of those coupons, Shopee specifies "Device: iOS, Android." What they are referring to is you must download and use their mobile apps for those operating systems in order to use most of their coupons. As pictured, the coupons are still not available on iOS and Android devices if the customer is using their web browser. They are required to download the Shopee app.{{Citation needed}}
[[File:Shopee restricts coupon usage to app only.png|thumb|'''LEFT:''' Shopee limits customers to using "Shipping Discount" coupons only if checking out on a web browser (desktop and mobile).'''MIDDLE:''' All other shopping coupons "Discount & Cashback" are only usable with Shopee's apps on iOS and Android.'''RIGHT:''' Closer inspection of the terms and conditions where Shopee specifies a device requirement for using many of their coupons. When Shopee specifies "Device: iOS, Android," they mean customers must download and use their mobile apps for those operating systems in order to use most of their coupons. Using a web browser on iOS and Android does not count and the coupons in question remain disabled in this scenario.]]
[[File:Shopee product stacking different product.png|thumb|Shopee product stacking with seller listing unrelated products as variants under 1 product listing.]]

==Misleading advertising==

===Misleading coupon codes===
Displaying large discounts but with usage limits create a false sense of a good deal. Their most common misleading coupon is "-75% OFF! Max $1 discount."

The first pictured example shows a misleading coupon code from Shopee Malaysia (though Shopee also does this throughout the regions in which it operates) with "30% off" but multiple usage terms: "Capped at RM9" ($2 USD) but "Minimum spend RM20" ($4.50 USD).

This effectively means the customer has to buy within a range of RM20-RM30 in order for the coupon's advertised 30% off to be true. Past RM30 where the RM9 cap amount is hit, the coupon no longer provides 30% off (i.e. the customer can keep increasing the amount purchased, but the discount is capped at a fixed price, meaning the percentage discount drops below the advertised 30% number).
[[File:Shopee voucher with cap2.png|thumb|Another misleading coupon from Shopee with "80% off" but "capped at RM5" (USD 1.10). The cap is reached with a purchase amount of RM6.25 ($1.40 USD).]]
The second pictured example shows another misleading coupon from Shopee with "80% off" but "capped at RM5" ($1.10 USD). The cap is reached with a purchase amount of RM6.25 ($1.40 USD).
[[File:Shopee voucher with cap.png|thumb|Misleading coupon code with "30% off" but "Capped at RM9" ($2 USD) but "Minimum spend RM20" ($4.50 USD). This forces the customer to spend only within the range of RM20-RM30 in order for the coupon's advertised 30% off to be true. Past RM30 where the RM9 cap amount is hit, the coupon no longer provides 30% off.]]

==Fraudulent products and advertising==
*Fraudulent products are a problem known to exist on the platform. For example, an allegedly 2TB SD card selling at one-fifth what its price should be due to {{Wplink|Forgery|spoofed}} capacity.

*Fake claims such as "magnetic" screen protectors for tablets that come with no magnetic properties and tear-off strips for adhesive.{{Citation needed}}

==Deterring returns and exchanges==
Shopee and its sellers operate under the very South East Asian "low trust" principle, which assumes the customer is ''always'' lying. The default way to handle returns and exchanges is to always ask for the original product back, which can be challenging for returning products that are low-priced but bulky (e.g., a clothes drying rack) and/or require assembly (e.g., cheap Chinese furniture that makes up the bulk of furniture across Shopee's regional websites).{{Citation needed}}

==References==
{{Reflist}}

[[Category:Shopee Pte.]]

Audible subsidizes its streaming plan via premium credits

2025-10-20T08:16:18Z

Cedar: /* Disingenuous pricing structure */Remove duplicate word.

{{Incomplete}}
{{OngoingEvent}}

'''[[Audible]],''' an audiobook marketplace and subsidiary of [[Amazon]], is changing its royalty structure to subsidize its streaming service with premium credit purchases.<ref name=":0">{{Cite web |last=Greene |first=Daniel |date=2025-08-25 |title=Nail in Audible's coffin |url=https://www.youtube.com/watch?v=2BJIZA_OpDw |url-status=live |access-date=25 Aug 2025 |website=[[YouTube]]}}</ref><ref name=":1">{{Cite web |last=Hartness |first=John |date=25 Aug 2025 |title=AUTHORS ASSEMBLE! Audible generative AI takeover {{!}} How this hurts Authors and Narrators |url=https://www.youtube.com/watch?v=wLKQAASI6y0 |url-status=live |access-date=25 Aug 2025 |website=[[YouTube]]}}</ref><ref name=":4">{{Cite web |last=Greene |first=Daniel |date=12 Aug 2025 |title=Audible is Broken |url=https://www.youtube.com/watch?v=xhTmMv_s578 |url-status=live |access-date=25 Aug 2025 |website=[[YouTube]]}}</ref><ref name=":3">{{Cite web |date=25 Aug 2025 |title=Learn more about audio books with virtual voice |url=https://kdp.amazon.com/en_US/help/topic/G3QRL9HQNF273Q2H |url-status=live |archive-url=https://web.archive.org/web/20250825204046/https://kdp.amazon.com/en_US/help/topic/G3QRL9HQNF273Q2H |archive-date=25 Aug 2025 |access-date=25 Aug 2025 |website=[[Amazon]]}}</ref> In August 2025, the new structure took effect. It works by spreading the reader's plan value and premium credits across all books the reader listened to during the month, regardless of whether or not the audiobook was purchased or streamed using Audible's streaming service.<ref name=":4" /><ref name=":8">{{Cite web |last=Sullivan |first=Robin |date=8 August 2025 |title=Convince Audible to revise it's New Royalty Model |url=https://www.change.org/p/convince-audible-to-revise-it-s-new-royalty-model |url-status=live |access-date=26 Aug 2025 |website=[[Change.org]]}}</ref><ref name=":5">{{Cite web |author=paigevoice |date=13 Aug 2025 |title=Audible's new royalty mess |url=https://www.youtube.com/watch?v=8QZEEXOtJik |url-status=live |access-date=2025-08-25 |website=[[YouTube]]}}</ref>

==Background==
Audible, founded in 1995, is the longstanding global market leader for purchasing and listening to audiobooks.<ref name=":2">{{Cite web |last=Knight |first=Lucy |date=2025-05-13 |title=Audible unveils plans to use AI voices to narrate audio books |url=https://www.theguardian.com/books/2025/may/13/audible-unveils-plans-to-use-ai-voices-to-narrate-audiobooks |url-status=live |access-date=25 Aug 2025 |website=The Guardian}}</ref> Since 2020, Audible has offered two plan-types to consumers: a premium plan that gives credits consumers can use to purchase audiobooks and a non-premium plan that allows consumers to stream an Audible-curated selection of audiobooks.<ref>{{Cite web |last= |date=24 Aug 2020 |title=All-You-Can-Listen Membership Option, Audible Plus, Rolls Out in Preview |url=https://www.audible.com/about/newsroom/all-you-can-listen-membership-option-audible-plus-rolls-out-in-preview |url-status=live |access-date=26 Aug 2025 |website=[[Audible]]}}</ref> Common knowledge suggests if a credit is spent on an audiobook, the author and audible split that credit by some agreed upon percentage.<ref name=":5" /> For an audiobook streamed through Audible, it is reasonable to expect the subscription price is split between all streamed audiobooks for the given month.

==Consumer rights impact summary==

===Digital ownership erosion===
Since 2020, Audible has been shifting more focus on its [[Subscription service|streaming service]]. In August 2025, Audible unveiled a new royalty structure to siphon money from credit purchases to subsidize their streaming library.<ref name=":4" /><ref name=":8" />

===Disingenuous pricing structure===
In August 2025, Audible rolled out their new royalty structure which fundamentally changes how authors are paid when their books are streamed. Instead of the streaming plan being primary funding method for streamed books (via an up-front fee), the new structure takes the reader's plan value, adds the value of any additional credits used, and then divides that value among the titles the reader listened to over the month.<ref name=":6" />

===Streaming favors larger authors and publishers===
Audible determines which authors and books are included as part of its streaming library.<ref>{{Cite web |last=Greenwood |first=Allan |date=15 Sep 2023 |title=Discussion on "I really wish more authors would use the audible plus catalog for their first books, it's hard to test new stuff." |url=https://old.reddit.com/r/litrpg/comments/16jzbsq/i_really_wish_more_authors_would_use_the_audible/k0sxsc7/ |url-status=live |access-date=7 Sep 2025 |website=Reddit.com}}</ref> This disproportionately favors larger, more established authors and publishers who can negotiate premium rates with Audible.<ref>{{Cite web |last=Mathews |first=J.R. |date=17 Sep 2023 |title=Comment on "I really wish more authors would use the audible plus catalog for their first books, it's hard to test new stuff." |url=https://old.reddit.com/r/litrpg/comments/16jzbsq/i_really_wish_more_authors_would_use_the_audible/k0ywscj/ |url-status=live |access-date=7 Sep 2025 |website=Reddit.com}}</ref> In 2022, via his blog, Brandon Sanderson says: <ref>{{Cite web |last=Sanderson |first=Brandon |date=22 Dec 2022 |title=State of the Sanderson 2022 |url=https://www.brandonsanderson.com/blogs/blog/state-of-the-sanderson-2022 |url-status=live |access-date=7 Sep 2025 |website=Brandon Sanderson's Blog}}</ref>

<blockquote>However, they treat authors very poorly. Particularly indie authors. The deal Audible demands of them is unconscionable, and I’m hoping that providing market forces (and talking about the issue with a megaphone) will encourage change in a positive direction.</blockquote>This quote highlights two things: that the idea that Audible treats their indie authors poorly and that a very large author can directly negotiate with Audible where indie author cannot.

==Audible updates their royalty structure==
In the past, if you wanted to purchase an audiobook on Audible, you purchased a credit and then used that credit to buy the audiobook you desired.<ref name=":5" /> The understanding was the cut of the credit that went towards the author, only went to the author of the audiobook that was purchased. In August 2025, Audible unveiled a new royalty structure combining its credit-based sales with its streaming service, creating a system that indirectly pushes authors toward the streaming environment.<ref name=":3" /><ref name=":5" /><ref name=":6">{{Cite web |date=2024-07-11 |title=Audible's New Royalty Model: More Opportunities for Authors and Publishers |url=https://www.audible.com/about/newsroom/audibles-new-royalty-model-more-opportunities-for-authors-and-publishers |url-status=live |archive-url=https://web.archive.org/web/20240711211955/https://www.audible.com/about/newsroom/audibles-new-royalty-model-more-opportunities-for-authors-and-publishers |archive-date=11 Jul 2024 |access-date=25 Aug 2025 |website=Audible}}</ref> When a user purchases a book using a credit and also streams another title in the same month, the royalty pool from that single credit is split between both the purchased and streamed works.<ref name=":8" /><ref name=":5" /> While financially efficient for Audible, this structure dilutes the revenue earned per title and forces authors to subsidize the growth of Audible's streaming catalog.<ref name=":0" /><ref name=":8" /> Even if authors opt-out of the streaming catalog, they are not protected from the royalty split.<ref name=":4" /><ref name=":8" /> Audible has created a system that encourages the streaming catalog to be increasingly populated by works that can be produced cheaply or en masse, such as AI-generated content. Over time, this dynamic risks reducing the diversity and sustainability of high-quality content, narrowing consumer choice.

A petition at change.org has been made to convince Amazon to change this. https://www.change.org/p/convince-audible-to-revise-its-new-royalty-model?source_location=psf_petitions

==Lawsuit over royalties==
In June 2025, a federal judge allowed an antitrust lawsuit against Amazon/Audible to proceed.<ref>{{Cite web |last=Scarcella |first=Mike |date=2025-06-20 |title=Amazon must face authors' lawsuit over audiobook distribution, US judge rules |url=https://www.reuters.com/legal/litigation/amazon-must-face-authors-lawsuit-over-audiobook-distribution-us-judge-rules-2025-06-11 |url-status=live |access-date=25 Aug 2025 |website={{Wplink|Reuters}}}}</ref> The lawsuit, filed by independent author Christine DeMaio (CD Reiss), alleges Audible discriminates against authors who do not participate in its 90-day exclusivity program by offering higher royalties (40% vs. 25%), potentially violating antitrust laws. The court found sufficient grounds to move forward.

==Consumer response==
Authors and listeners alike have reacted strongly against the royalty structure change, pointing out the underhanded feel of the royalty distribution change and harm streaming has caused the artistic industries.<ref name=":4" /><ref name=":8" />

One user expressed displeasure at the restructured royalties: <ref name=":8" /><blockquote>
I've been a plus user for years. Learning that how it's been restructured is actively harming the indie authors I discovered through this platform is disappointing. If you won't correct this then I'll have to take my business elsewhere.</blockquote>Another user on the petition said: <ref name=":8" /><blockquote>
I've been an Audible subscriber for years (at least 12... maybe more... I don't know). If I'm being honest, I've never given much thought to exactly how my Premium Plus membership is being divvied up, but I can tell you for sure, the proposed Audible breakdown is not how I would have guessed or expected it to be done.</blockquote>
The user hawaiianshirtwizzard9542 on where they expect their audible credit to go:<ref name=":4" /><blockquote>
When I spend money on a credit, I assumed the full value (or whatever agreed upon percentage of that credit) was going to that one author. Never in my life would I have expected that part of that credit would go to some pool of authors I wasn’t paying for. Audible thinks its users are stupid and I’ve had enough.</blockquote>
The user RariettyC said: <ref name=":4" /><blockquote>
God, the streaming/subscription model really is tearing through artistic industries. I feel like so much of the conversations I see are surrounding Netflix, Spotify, and other platforms’ devaluing movies, TV shows, music, and video games but every single artistic field seems to be shifting towards more power and profit going to conglomerates who control access rather than the actual creatives who created.</blockquote>
The user sacredwisp said: <ref name=":4" /><blockquote>
They're obviously doing this intentionally to get more people over to the new system, because it benefits them more long term.</blockquote>

==Audible's response==
Audible frames the royalties change as one that "prioritizes equity, flexibility, and insight for creators".<ref name=":6" /> The platform says the new royalty model creates new opportunities for smaller authors by allowing all titles to generate revenue. Audible has not yet responded directly to the petition.

==References==
{{Reflist}}

[[Category:Audible]]

Best Buy discontinuation of Insignia Connect

2025-10-20T08:15:11Z

Cedar: /* Harm to consumer ownership */Remove duplicate word.

{{incomplete}}
On November 6, 2019, [[Best Buy|'''Best Buy''']] discontinued support for its Insignia Connect app.<ref name=":0">[https://web.archive.org/web/20241124004857/https://www.bestbuy.com/site/brands/best-buy-brands/pcmcat1596746025285.c?id=pcmcat1596746025285 Insignia. "Insignia Connect Product Validation Site." November 5, 2019.]</ref> This resulted in major functionality losses for affected Insignia products that used the service.[https://www.theverge.com/2019/9/6/20853671/best-buy-connect-insignia-smart-plug-wifi-freezer-mobile-app-shutdown-november-6]

==Background==
Insignia is a private label brand that Best Buy uses to stock its own items alongside name-brands within its stores.<ref>[https://web.archive.org/web/20241124004857/https://www.bestbuy.com/site/brands/best-buy-brands/pcmcat1596746025285.c?id=pcmcat1596746025285 Best Buy. "Best Buy Brands."]</ref>

==Affected products<ref name=":0" />==
{| class="wikitable"
|+
!Product
!Model
!Affected Functionality<ref name=":2">[https://web.archive.org/web/20241125000759/https://www.theverge.com/2019/9/6/20853671/best-buy-connect-insignia-smart-plug-wifi-freezer-mobile-app-shutdown-november-6 Statt, Nick. "Best Buy is leaving smart home users in the cold, but its Wi-Fi freezer will still mostly work." The Verge, September 6, 2019.]</ref>{{Citation needed}}
|-
|Insignia - Wi-Fi Smart Plug
|NS-SP1X7<ref>[https://web.archive.org/web/20240422085625/https://www.bestbuy.com/site/insignia-wi-fi-smart-plug-white/5529012.p?skuId=5529012 Best Buy. "Insignia™ - Wi-Fi Smart Plug - White."]</ref>
|Plug can no longer be toggled on or off remotely with the use of an app. Existing timers that were already set on the plug will continue to function, but are no longer able to be altered.
|-
|Insignia - Wi-Fi Smart Plug with Power Metering capability
|NS-SP1XM8<ref>[https://www.bestbuy.com/site/reviews/insignia-wi-fi-smart-plug-with-power-metering-capability-white/5845000 Best Buy. "Insignia™ - Wi-Fi Smart Plug with Power Metering capability - White."]</ref>
|Plug can no longer be toggled on or off remotely with the use of an app. Existing timers that were already set on the plug will continue to function, but are no longer able to be altered. Users also have no method to view the power metering statistics that the plug provides.
|-
|Insignia - Wi-Fi Smart In-Wall Light Switch
|NS-CH1XIS8<ref>[https://www.bestbuy.com/site/questions/insignia-wi-fi-smart-in-wall-light-switch-white/5884100 Best Buy. "Insignia™ - Wi-Fi Smart In-Wall Light Switch - White."]</ref>
|Switch can no longer be toggled on or off remotely with the use of an app.
|-
|Insignia - 720p Wi-Fi Camera
|NS-CH1IPC8<ref>[https://web.archive.org/web/20180422174716/https://www.bestbuy.com/site/insignia-720p-wi-fi-camera-white/5971603.p?skuId=5971603 Best Buy. "Insignia™ - 720p Wi-Fi Camera - White."]</ref>
|"[A]ffected products will still function at a basic level, but any features that rely on its Insignia Connect app and platform will no longer work."<ref name=":2" />
|-
|Insignia WiFi Freezers
|NS-UZ14XWH7
|"[A]ffected products will still function at a basic level, but any features that rely on its Insignia Connect app and platform will no longer work."<ref name=":2" />
|}

==Consumer harm==

===Compensation with a catch===
Best Buy did provide compensation to customers affected by the discontinuation, however, this was only in the form of a partial refund in the form of a virtual gift card that was determined by the product type.<ref name=":1">[https://web.archive.org/web/20191212130853/https://bestbuy.symphonysummit.com/insignia.web/Help_FAQ#collapseNine Insgnia. "FAQ." December 12, 2019.]</ref><ref name=":0" /> Customers were also only able to redeem up to 10 serial numbers for product refunds, even if they owned more affected products.<ref name=":2" /><ref name=":1" /> Refunds for affected products has since ceased, as the window to apply for compensation only lasted for 56 days after the discontinuation date.<ref name=":3">[https://web.archive.org/web/20191209200148/https://bestbuy.symphonysummit.com/insignia.web/ Insignia. "Insignia Connect Product Validation Site." November 9, 2019.]</ref>

===Harm to consumer ownership===
Consumers were left with products bought full-price, but with altered or reduced functionality. Companies being able to remotely and unilaterally alter the functionality of products they sold undermines the ownership the consumers has over its items.

===Generation of E-waste===

==See Also==

*[[Retroactively amended purchase]]

==References==
<references />

[[Category:Best Buy]]
[[Category:Discontinued products]]

Europe-based news sites enact consent-or-pay for data tracking

2025-10-20T08:14:18Z

Cedar: /* Consumer impact */Remove duplicate word.

{{Stub}}
{{ToneWarning}}
The Mirror and The Independent are UK-based news sites that have recently enacted the [[consent-or-pay]] model, creating a binary choice where readers must either consent to cookies or pay to avoid the data tracking.<ref name=":0">{{Cite web |date=15 August 2025 |title=The Mirror |url=https://www.mirror.co.uk/}}</ref><ref name=":1">{{Cite web |date=15 August 2025 |title=The Telegraph |url=https://www.telegraph.co.uk/}}</ref> This consent-or-pay model began rolling out on various websites when the UK and EU passed the [[General Data Protection Regulation|General Data Protection Regulation (GDPR)]], which aims to protect internet users from data exploitation.

==Background==
After the [[GDPR]] passed in 2018, some companies responded to the regulation by enacting consent-or-pay, a model where users can either consent to data tracking via cookies or must pay a small sum to reject all cookies. The purpose of the payment is to offset the loss of ad revenue per viewer.[[File:The Mirror Cookie Disclosure Notice.png|alt=The Mirror Cookie Disclosure Notice containing text "We have introduced these choices in accordance with data protection regulations."|thumb|The Mirror's cookie disclosure notice with the options of "I Agree" or "Reject and Pay."]]
==Consumer impact==
The consent-or-pay model violates the [[General Data Protection Regulation|GDPR]], and it is also an ethical issue regarding privacy<ref>{{Cite news |last= |first= |date=November 28, 2023 |title=Meta's 'Pay or Okay' Model: Legal and Ethical Implications for Publishers |url=https://www.uniconsent.com/blog/risks-of-pay-or-consent-models |url-status=live |archive-url=https://web.archive.org/web/20250427063707/https://www.uniconsent.com/blog/risks-of-pay-or-consent-models |archive-date=27 Apr 2025 |access-date=26 Aug 2025 |work=UniConsent}}</ref>. The European Union at EDPB adopted this opinion following the requests of Dutch, Norway, and Hamburg DPA's (Data Protection Authorities) regarding the consent or pay models deployed by large, popular platforms such as [[Facebook]] and other platforms.<ref>{{Cite web |date=17 April 2024 |title=EDPB: ‘Consent or Pay’ models should offer real choice |url=https://www.edpb.europa.eu/news/news/2024/edpb-consent-or-pay-models-should-offer-real-choice_en |url-status=live |archive-url=https://web.archive.org/web/20240726233856/https://www.edpb.europa.eu/news/news/2024/edpb-consent-or-pay-models-should-offer-real-choice_en |archive-date=26 Jul 2024 |access-date=26 Aug 2025 |website=European Data Protection Board (EU)}}</ref>

According to the UK's Information Commissioner's Office, consent is defined as “any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.” 'Freely given' is later defined as giving people genuine choice over how their data is used, meaning they must be able to refuse consent without detriment, and must be able to withdraw consent easily at any time.<ref>{{Cite web |title=What is valid consent? |url=https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/lawful-basis/consent/what-is-valid-consent/ |archive-url=https://web.archive.org/web/20250716030925/https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/lawful-basis/consent/what-is-valid-consent/ |archive-date=2025-07-16 |access-date=2025-08-27 |website=ICO {{!}} Information Commissioner's Office}}</ref>[[File:News The Independent Today's headlines and latest breaking news.jpeg.png|thumb|The Independent’s cookie notice with the title "Privacy - it's your choice." The notice then gives viewers the option to either "pay to remove ads" or "accept" data collection for targeted ads.]]

==Uses==
News organizations across Europe, particularly in the UK and Germany, have enacted the consent-or-pay model for website visits. Meanwhile, users will see ads regardless of monthly payment, only free of personalized ads generated from personal data.
{| class="wikitable"
|+UK News Organizations and Cookie Rejection Fee
!News organization
!Website
!Monthly fee
|-
|The Mirror
|
|£1.99
|-
|The Independent
|
|£4
|-
|Mail Online
|
|£2.70
|-
|Express
|
|£1.99
|-
|Daily Mirror
|
|
|-
|The Sun
|
|£4.99
|-
|Reach
|
|£1.99
|}
In The Sun's frequently asked questions, they answer what Pay to Reject is with this explanation on their website:<blockquote>''"In response to recent enforcement action by the UK Information Commissioner against publishers, we have been forced to introduce new technology to ask our subscribers to consent to the advertising cookies that support our journalism, or pay a monthly fee that means we don’t need to use them."''<ref>{{Cite web |title=Advertising cookie consent settings |url=https://ptr.thesun.co.uk/ |website=The Sun}}</ref></blockquote>

The tech website "How-ToGeek" also demands payment to reject cookies https://www.howtogeek.com/

==References==
<references />
[[Category:Incidents]]

Verisk Analytics, Inc.

2025-10-20T08:11:50Z

Cedar: Proper grammar.

{{Incomplete}}{{InfoboxCompany
| Name = Verisk Analytics
| Type = Public
| Founded = 1971
| Industry = Data Analytics
| Official Website = https://verisk.com/
| Logo = Verisk.svg
}}
[[wikipedia:Verisk|'''Verisk Analytics, Inc.''']], is an American corporation that collects data and provides it to third parties that use the data for risk assessment.

In a letter to the [[Federal Trade Commission]] (FTC), Senators Wyden and Markey write:<ref>{{Cite web |last=United States Senate |date=26 Jul 2024 |title=Senators Ron Wyden and Edward J. Markey to the Honorable Lina S. Khan (FTC Chair) |url=https://www.wyden.senate.gov/imo/media/doc/wyden-markey_auto_privacy_letter_to_ftc.pdf |access-date=15 Mar 2025}}</ref><blockquote>
"We write to urge the Federal Trade Commission (FTC) to investigate automakers’ disclosure of millions of Americans’ driving data to data brokers, and to share new details about the practice uncovered in a recent oversight investigation. … Senator Wyden’s office conducted follow-up oversight into three auto manufacturers — GM, Honda, and Hyundai — that shared data with the data broker Verisk Analytics. Each of these three automakers confirmed their disclosure of drivers’ data to Verisk, such as acceleration and braking data."</blockquote>The letter alleges that Verisk acquires data from auto manufacturers and sells that data to insurance companies in the form of risk-assessment data. The ''New York Times'' reported on this allegation in March 2024, right before Verisk shut down the service in April 2024.<ref>{{Cite web |last=Hill |first=Kashmir |date=11 Mar 2024 |title=Automakers Are Sharing Consumers’ Driving Behavior With Insurance Companies |url=https://www.nytimes.com/2024/03/11/technology/carmakers-driver-tracking-insurance.html |access-date=15 Mar 2025 |website=The New York Times}}</ref>

<ref>{{Cite web |last=bkspero |date=26 Mar 2024 |title=Are you aware that Hyundai is sharing your personal and driving data with insurance companies via Verisk |url=https://www.hyundai-forums.com/threads/are-you-aware-that-hyundai-is-sharing-your-personal-and-driving-data-with-insurance-companies-via-verisk.712760/ |access-date=15 Mar 2025 |via=Hyundai Forums}}</ref><ref>{{Cite web |last=Fitzgerald |first=Jack |date=31 Jul 2024 |title=Automakers Sold Drivers' Data for Shockingly Low Amounts of Money |url=https://www.caranddriver.com/news/a61711288/automakers-sold-customer-data-for-small-profits/ |access-date=15 Mar 2025 |website=Car and Driver}}</ref><ref>{{Cite web |last=Stafford |first=Eric |date=12 Mar 2024 |title=Your 'Connected' Car May Be Transmitting Your Driving Data to Insurance Companies |url=https://www.caranddriver.com/news/a60175396/connected-cars-driver-data-tracking-insurance/ |access-date=15 Mar 2025 |website=Car and Driver}}</ref>

==References==

<references />
[[Category:Verisk Analytics]]