Consumer Rights Wiki - User contributions [en]

Nintendo Switch

2025-11-02T18:19:16Z

Tag365: /* Can't update to the newest version via online download */ Corrected dates of references and changed section to mention games specifically.

{{InfoboxProductLine
| Title = {{PAGENAME}}
| Release Year =2017
| Product Type =Game Console
| In Production =Yes
| Official Website =https://www.nintendo.com/en-ca/gaming-systems/switch/
| Logo =Nintendo Switch logo.png
|short_description=A series of portable gaming consoles released by [[Nintendo]]}}The Nintendo Switch is a series of hybrid portable/home game consoles released by [[Nintendo]] since 2017 with the original Nintendo Switch. The most recent model in the series is the Nintendo Switch 2, which released in 2025.

==Consumer impact summary==

*User Freedom: - In-game content that could have theoretically been unlocked offline is instead locked behind a paid subscription wall ([[Nintendo Switch Online]]) in certain games (for example, certain Mega Evolutions in Pokemon Legends ZA). - Certain in-game bugs and exploits that could optionally be used to benefit users (for example, star trees being used to decorate the player's island in Animal Crossing: New Horizons, or skipping the long intermission tracks in Mario Kart World) have been patched out for seemingly no reason. - A recent 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> change has reserved Nintendo the right to remotely disable certain features of the console in the United States, up to and including rendering the device completely inoperable.<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> - The Switch 2 requires an internet connection in order to install a patch, which halted early adopters from playing on the system before launch.<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> - Switch 2 consoles can ban users from accessing online services if tampering is detected, such as MIG Switch cartridges.<ref name=":3">{{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>
*User Privacy: Nintendo has penalized Switch 2 owners for using the system in a way they do not see fit by remotely bricking their consoles
*Business Model: Game sales, [[Nintendo Switch Online]] subscriptions
*Market Control: Competing against [[Xbox]], [[PlayStation]], [[Valve]]'s [[Steam Deck]], among other smaller gaming handhelds. The Nintendo Switch is the 3rd best-selling console of all time.<ref>{{Cite web |title=Dedicated Video Game Sales Units |url=https://www.nintendo.co.jp/ir/en/finance/hard_soft/index.html}}</ref>
*Joy-con Drift: On the original Nintendo Switch, Joy-con drift is a common issue that causes certain Joy-Con controllers to malfunction and register false inputs from the joysticks, often caused by a buildup of dust or other debris. Nintendo offered free repairs in certain territories, but not in all territories<ref>{{Cite news |last=TO@st |first=TO@st |title=Nintendo to Fix Drifting Joy-Cons in EEA, CH and UK Territories, Even Out of Warranty Units to Receive Free Repairs |url=https://www.techpowerup.com/306830/nintendo-to-fix-drifting-joy-cons-in-eea-ch-and-uk-territories-even-out-of-warranty-units-to-receive-free-repairs |access-date=13 August 2025}}</ref>. They also have continued to manufacture and sell Joy-Cons with the same faulty technology for the Nintendo Switch 2. A lawsuit against Nintendo for Joy-Con drift was issued, but the issues were not sufficiently addressed<ref>{{Cite news |last=Lewis |first=Catherine |date=14 May 2024 |title=Years after lawsuits were filed against Nintendo for drifting Joy-Con controllers, 2 class action complaints are reportedly set to be dismissed |url=https://www.gamesradar.com/hardware/gaming-controllers/years-after-lawsuits-were-filed-against-nintendo-for-drifting-joy-con-controllers-2-class-action-complaints-are-reportedly-set-to-be-dismissed/}}</ref>.

==Incidents==
This is a list of all consumer protection incidents related to this product line. Any incidents not mentioned here can be found in the [[:Category:{{PAGENAME}}|{{PAGENAME}} category]].

Incidents affecting all of the company's products can be found in the company article: [[Nintendo]]

===Bricking consoles before launch (''May 2025'')===
Before the launch of the '''''Nintendo Switch 2''''', ''[[Nintendo]]'' intentionally made '''''Switch 2''''' consoles functionally useless for playing games until the June 5th release date.<ref name=":2" /> This harms consumers who paid for the '''''Switch 2''''' early from businesses that have ignored the official release date, and also requires that the console connect to the internet to be functional. It is unknown whether or not this online requirement will be retained for new '''''Switch 2''''' consoles manufactured after the launch.

Additionally, ''[[Nintendo]]'' has been attempting to bury footage collected by these early users covering this, using the antipiracy firm [[Web Capio|''Web Capio'']]'s assistance.<ref name=":0">{{Cite news |last=Hernandez |first=Patricia |date=May 28, 2025 |title=After years of intense leaks, Nintendo’s got the Switch 2 launch on lockdown |url=https://www.polygon.com/nintendo/601984/switch-2-leaks-takedowns-antipiracy |access-date=May 29, 2025 |work=Polygon}}</ref><ref>{{Cite web |last=Gach |first=Ethan |date=May 27, 2025 |title=Tweet from @ethangach |url=https://x.com/ethangach/status/1927467805680472150 |access-date=May 29, 2025 |website=X (formerly [[Twitter]])}}</ref>

===Bricking consoles post-launch (June 2025 - Now)===
{{Main|Nintendo Switch bans}}
Discovered by owners of the '''''Nintendo Switch 2''''', the console is capable of detecting when the console is being tampered with. Previous reports on ''GBATemp''<ref>{{Cite web |last=LagunaLoire88 |date=May 29, 2025 |title=Post from LagunaLoire88 |url=https://gbatemp.net/threads/best-practice-for-preserving-switch-2-exploitability.671473/page-3#post-10661329 |access-date=Jun 18, 2025 |website=GBATemp}}</ref> were seen as questionable from the community,{{Citation needed}} such as a voltage detection mechanism, however they did successfully predict that the ''MIG Switch cartridge'' can cause '''''Nintendo Switch 2''''' consoles to be incapable of accessing online services,<ref name=":3" /> including but not limited to the ''[[Nintendo]] eShop''.
[[File:Bricked Switch 2.png|thumb|A screenshot from a [https://www.youtube.com/watch?v=ExgYTA18_vo&t=656s video by Scattered Brain], displaying his Switch 2 console being bricked]]
This has brought up concerns from the community<ref>{{Cite web |last=FritangaPlays |date=Jun 18, 2025 |title=Switch 2 Brick Situation JUST GOT WORSE Nintendo Screws Over ANOTHER User |url=https://www.youtube.com/watch?v=5Tk8ycQKWqo |access-date=Jun 18, 2025 |website=[[YouTube]]}}</ref> as banned consoles will be incapable of playing a majority of physically released titles. A significant portion of '''''Nintendo Switch 2''''' software releases that are physical are only available via [[Nintendo Switch 2 Game-Key Card|''Game-Key Cards'']],<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> especially 3rd-party releases. These cards require access to the ''[[Nintendo]] eShop'' to be capable of installing the game, meaning consoles that are banned from online services from ''[[Nintendo]]'' are effectively incapable of playing most releases for the console.<ref name=":3" />

===Requiring an online connection to set up Switch 2 consoles===
As part of a measure to stop piracy, Nintendo requires that the console is connected online,<ref name=":2" /><ref name=":0" /> however, roughly 21% of the US population (72 million) individuals in the US lack at least home broadband, meaning that these users cannot use the Switch 2 if they wished to purchase it.<ref>{{Cite news |last=Researchers at Pew Research |date=Nov 13, 2024 |title=Internet, Broadband Fact Sheet |url=https://www.pewresearch.org/internet/fact-sheet/internet-broadband/ |access-date=May 29, 2025 |work=Pew Research Center}}</ref> There are also concerns from consumers who live in sanctioned countries such as Russia,<ref name=":1">{{Cite web |last=wirantoos |date=May 28, 2025 |title=Nintendo Switch 2 - leaked first boot! |url=https://www.reddit.com/r/NintendoSwitch2/comments/1kxeux6/nintendo_switch_2_leaked_first_boot/?embed_host_url=https://cdn.iframe.ly/api/iframe |access-date=May 29, 2025 |website=[[Reddit]]}}</ref> as they may be unable to play the console in general, potentially risking a console ban,<ref name=":1" /> with the internet setup restrictions.

===Vendor-specific dock pairing===
The Switch 2 handheld console has been observed to require Nintendo-specific protocol extensions to the USB protocol to connect to the charging dock or a video sink.<ref name=":4">{{Cite web |last=Linus Tech Tips |date=2025-08-30 |title=Nintendo's Greed could Change the Tech Industry |url=https://youtu.be/Lh9gnkF-Imo |access-date=2025-09-01 |website=YouTube}}</ref> Non-vendor-approved USB devices --- displays, docks --- might lack the ability to output the video stream from the Switch 2.<ref name=":4" /><ref>{{Cite web |last=N. |first=Lucas |date=2025-08-30 |title=Nintendo Switch 2 Dock USB-C Compatibility |url=https://www.lttlabs.com/blog/2025/08/30/nintendo-switch-2-dock |website=LTT Labs}}</ref>

===Can't update to the newest version of games via online download===
The Nintendo Switch and Nintendo Switch 2 requires games to be updated in order to be launched, if a new version of the game was played on the system. This prevents users from downgrading to older versions of the game to play if, for example, the newest version is experiencing game breaking glitches that the original version doesn't. To bypass this, it is required to reset the entire system to factory settings, resulting in losing all saved progress on the system. Older consoles did not do this, though games generally blocked saves from being used on older versions via marking the save as being made with the newer version.

This is a more severe problem with some games, as Nintendo does not keep the newest version of all games on their update servers, so some Game Card games may come with newer versions of the game than the online updater can update to. This results in the game being unplayable if switching to a digital version of the game or a Game Card version that doesn't have the newest version. The only way to bypass this without resetting the system is to use the update synchronization feature that requires two or more Nintendo Switch systems with the game installed, and one with the newest Game Card version installed, to transfer the newest version of the game to another system and then back to the system that needs the newest version to run.<ref>{{Cite web |last=NintendoRevised |date=2024-09-04 |title=This issue *could* ruin Nintendo Switch collecting! Be aware!! |url=https://www.youtube.com/watch?v=h2h6hzRN02o |access-date=2025-11-02 |website=YouTube}}</ref><ref>{{Cite web |last=NintendoRevised |date=2024-09-05 |title=
FOLLOW TO PREVIOUS VIDEO - This issue *could* ruin Nintendo Switch collecting! Be aware!! |url=https://www.youtube.com/watch?v=49ntd5gwklM |access-date=2025-11-02 |website=YouTube}}</ref>

==Products==

===Consoles===

*Nintendo Switch
*Nintendo Switch Lite
*Nintendo Switch OLED
*Nintendo Switch 2

===Peripherals===

*Joy-cons
*Pro Controller
*Switch 2 Camera
*Switch 2 Dock

===Other===

*[[Nintendo Switch 2 Game-Key Card]]

==See also==

*[[Nintendo]]

==References==
{{reflist}}

[[Category:{{PAGENAME}}]]

Nintendo Switch

2025-11-02T18:14:31Z

Tag365: /* Incidents */ Added incident with requiring games to be fully updated to play.

{{InfoboxProductLine
| Title = {{PAGENAME}}
| Release Year =2017
| Product Type =Game Console
| In Production =Yes
| Official Website =https://www.nintendo.com/en-ca/gaming-systems/switch/
| Logo =Nintendo Switch logo.png
|short_description=A series of portable gaming consoles released by [[Nintendo]]}}The Nintendo Switch is a series of hybrid portable/home game consoles released by [[Nintendo]] since 2017 with the original Nintendo Switch. The most recent model in the series is the Nintendo Switch 2, which released in 2025.

==Consumer impact summary==

*User Freedom: - In-game content that could have theoretically been unlocked offline is instead locked behind a paid subscription wall ([[Nintendo Switch Online]]) in certain games (for example, certain Mega Evolutions in Pokemon Legends ZA). - Certain in-game bugs and exploits that could optionally be used to benefit users (for example, star trees being used to decorate the player's island in Animal Crossing: New Horizons, or skipping the long intermission tracks in Mario Kart World) have been patched out for seemingly no reason. - A recent 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> change has reserved Nintendo the right to remotely disable certain features of the console in the United States, up to and including rendering the device completely inoperable.<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> - The Switch 2 requires an internet connection in order to install a patch, which halted early adopters from playing on the system before launch.<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> - Switch 2 consoles can ban users from accessing online services if tampering is detected, such as MIG Switch cartridges.<ref name=":3">{{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>
*User Privacy: Nintendo has penalized Switch 2 owners for using the system in a way they do not see fit by remotely bricking their consoles
*Business Model: Game sales, [[Nintendo Switch Online]] subscriptions
*Market Control: Competing against [[Xbox]], [[PlayStation]], [[Valve]]'s [[Steam Deck]], among other smaller gaming handhelds. The Nintendo Switch is the 3rd best-selling console of all time.<ref>{{Cite web |title=Dedicated Video Game Sales Units |url=https://www.nintendo.co.jp/ir/en/finance/hard_soft/index.html}}</ref>
*Joy-con Drift: On the original Nintendo Switch, Joy-con drift is a common issue that causes certain Joy-Con controllers to malfunction and register false inputs from the joysticks, often caused by a buildup of dust or other debris. Nintendo offered free repairs in certain territories, but not in all territories<ref>{{Cite news |last=TO@st |first=TO@st |title=Nintendo to Fix Drifting Joy-Cons in EEA, CH and UK Territories, Even Out of Warranty Units to Receive Free Repairs |url=https://www.techpowerup.com/306830/nintendo-to-fix-drifting-joy-cons-in-eea-ch-and-uk-territories-even-out-of-warranty-units-to-receive-free-repairs |access-date=13 August 2025}}</ref>. They also have continued to manufacture and sell Joy-Cons with the same faulty technology for the Nintendo Switch 2. A lawsuit against Nintendo for Joy-Con drift was issued, but the issues were not sufficiently addressed<ref>{{Cite news |last=Lewis |first=Catherine |date=14 May 2024 |title=Years after lawsuits were filed against Nintendo for drifting Joy-Con controllers, 2 class action complaints are reportedly set to be dismissed |url=https://www.gamesradar.com/hardware/gaming-controllers/years-after-lawsuits-were-filed-against-nintendo-for-drifting-joy-con-controllers-2-class-action-complaints-are-reportedly-set-to-be-dismissed/}}</ref>.

==Incidents==
This is a list of all consumer protection incidents related to this product line. Any incidents not mentioned here can be found in the [[:Category:{{PAGENAME}}|{{PAGENAME}} category]].

Incidents affecting all of the company's products can be found in the company article: [[Nintendo]]

===Bricking consoles before launch (''May 2025'')===
Before the launch of the '''''Nintendo Switch 2''''', ''[[Nintendo]]'' intentionally made '''''Switch 2''''' consoles functionally useless for playing games until the June 5th release date.<ref name=":2" /> This harms consumers who paid for the '''''Switch 2''''' early from businesses that have ignored the official release date, and also requires that the console connect to the internet to be functional. It is unknown whether or not this online requirement will be retained for new '''''Switch 2''''' consoles manufactured after the launch.

Additionally, ''[[Nintendo]]'' has been attempting to bury footage collected by these early users covering this, using the antipiracy firm [[Web Capio|''Web Capio'']]'s assistance.<ref name=":0">{{Cite news |last=Hernandez |first=Patricia |date=May 28, 2025 |title=After years of intense leaks, Nintendo’s got the Switch 2 launch on lockdown |url=https://www.polygon.com/nintendo/601984/switch-2-leaks-takedowns-antipiracy |access-date=May 29, 2025 |work=Polygon}}</ref><ref>{{Cite web |last=Gach |first=Ethan |date=May 27, 2025 |title=Tweet from @ethangach |url=https://x.com/ethangach/status/1927467805680472150 |access-date=May 29, 2025 |website=X (formerly [[Twitter]])}}</ref>

===Bricking consoles post-launch (June 2025 - Now)===
{{Main|Nintendo Switch bans}}
Discovered by owners of the '''''Nintendo Switch 2''''', the console is capable of detecting when the console is being tampered with. Previous reports on ''GBATemp''<ref>{{Cite web |last=LagunaLoire88 |date=May 29, 2025 |title=Post from LagunaLoire88 |url=https://gbatemp.net/threads/best-practice-for-preserving-switch-2-exploitability.671473/page-3#post-10661329 |access-date=Jun 18, 2025 |website=GBATemp}}</ref> were seen as questionable from the community,{{Citation needed}} such as a voltage detection mechanism, however they did successfully predict that the ''MIG Switch cartridge'' can cause '''''Nintendo Switch 2''''' consoles to be incapable of accessing online services,<ref name=":3" /> including but not limited to the ''[[Nintendo]] eShop''.
[[File:Bricked Switch 2.png|thumb|A screenshot from a [https://www.youtube.com/watch?v=ExgYTA18_vo&t=656s video by Scattered Brain], displaying his Switch 2 console being bricked]]
This has brought up concerns from the community<ref>{{Cite web |last=FritangaPlays |date=Jun 18, 2025 |title=Switch 2 Brick Situation JUST GOT WORSE Nintendo Screws Over ANOTHER User |url=https://www.youtube.com/watch?v=5Tk8ycQKWqo |access-date=Jun 18, 2025 |website=[[YouTube]]}}</ref> as banned consoles will be incapable of playing a majority of physically released titles. A significant portion of '''''Nintendo Switch 2''''' software releases that are physical are only available via [[Nintendo Switch 2 Game-Key Card|''Game-Key Cards'']],<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> especially 3rd-party releases. These cards require access to the ''[[Nintendo]] eShop'' to be capable of installing the game, meaning consoles that are banned from online services from ''[[Nintendo]]'' are effectively incapable of playing most releases for the console.<ref name=":3" />

===Requiring an online connection to set up Switch 2 consoles===
As part of a measure to stop piracy, Nintendo requires that the console is connected online,<ref name=":2" /><ref name=":0" /> however, roughly 21% of the US population (72 million) individuals in the US lack at least home broadband, meaning that these users cannot use the Switch 2 if they wished to purchase it.<ref>{{Cite news |last=Researchers at Pew Research |date=Nov 13, 2024 |title=Internet, Broadband Fact Sheet |url=https://www.pewresearch.org/internet/fact-sheet/internet-broadband/ |access-date=May 29, 2025 |work=Pew Research Center}}</ref> There are also concerns from consumers who live in sanctioned countries such as Russia,<ref name=":1">{{Cite web |last=wirantoos |date=May 28, 2025 |title=Nintendo Switch 2 - leaked first boot! |url=https://www.reddit.com/r/NintendoSwitch2/comments/1kxeux6/nintendo_switch_2_leaked_first_boot/?embed_host_url=https://cdn.iframe.ly/api/iframe |access-date=May 29, 2025 |website=[[Reddit]]}}</ref> as they may be unable to play the console in general, potentially risking a console ban,<ref name=":1" /> with the internet setup restrictions.

===Vendor-specific dock pairing===
The Switch 2 handheld console has been observed to require Nintendo-specific protocol extensions to the USB protocol to connect to the charging dock or a video sink.<ref name=":4">{{Cite web |last=Linus Tech Tips |date=2025-08-30 |title=Nintendo's Greed could Change the Tech Industry |url=https://youtu.be/Lh9gnkF-Imo |access-date=2025-09-01 |website=YouTube}}</ref> Non-vendor-approved USB devices --- displays, docks --- might lack the ability to output the video stream from the Switch 2.<ref name=":4" /><ref>{{Cite web |last=N. |first=Lucas |date=2025-08-30 |title=Nintendo Switch 2 Dock USB-C Compatibility |url=https://www.lttlabs.com/blog/2025/08/30/nintendo-switch-2-dock |website=LTT Labs}}</ref>

===Can't update to the newest version via online download===
The Nintendo Switch and Nintendo Switch 2 requires games to be updated in order to be launched, if a new version of the game was played on the system. This prevents users from downgrading to older versions of the game to play if, for example, the newest version is experiencing game breaking glitches that the original version doesn't. To bypass this, it is required to reset the entire system to factory settings, resulting in losing all saved progress on the system. Older consoles did not do this, though games generally blocked saves from being used on older versions via marking the save as being made with the newer version.

This is a more severe problem with some games, as Nintendo does not keep the newest version of all games on their update servers, so some Game Card games may come with newer versions of the game than the online updater can update to. This results in the game being unplayable if switching to a digital version of the game or a Game Card version that doesn't have the newest version. The only way to bypass this without resetting the system is to use the update synchronization feature that requires two or more Nintendo Switch systems with the game installed, and one with the newest Game Card version installed, to transfer the newest version of the game to another system and then back to the system that needs the newest version to run.<ref>{{Cite web |last=NintendoRevised |date=2025-08-30 |title=This issue *could* ruin Nintendo Switch collecting! Be aware!! |url=https://www.youtube.com/watch?v=h2h6hzRN02o |access-date=2025-11-02 |website=YouTube}}</ref><ref>{{Cite web |last=NintendoRevised |date=2025-08-30 |title=
FOLLOW TO PREVIOUS VIDEO - This issue *could* ruin Nintendo Switch collecting! Be aware!! |url=https://www.youtube.com/watch?v=49ntd5gwklM |access-date=2025-11-02 |website=YouTube}}</ref>

==Products==

===Consoles===

*Nintendo Switch
*Nintendo Switch Lite
*Nintendo Switch OLED
*Nintendo Switch 2

===Peripherals===

*Joy-cons
*Pro Controller
*Switch 2 Camera
*Switch 2 Dock

===Other===

*[[Nintendo Switch 2 Game-Key Card]]

==See also==

*[[Nintendo]]

==References==
{{reflist}}

[[Category:{{PAGENAME}}]]

Discord

2025-09-22T20:02:15Z

Tag365: /* References */

{{ToneWarning}}

'''Discord''' is a proprietary VoIP and instant-messaging platform developed by Discord Inc. (formerly Hammer & Chisel, Inc.), co-founded by Jason Citron and Stanislav Vishnevskiy.<ref>{{Cite web |last=Gonzalez |first=Guadalupe |date=3 May 2018 |title=There Are 2.6 Billion Online Gamers in the World. This Startup Just May Connect Them All |url=https://www.inc.com/guadalupe-gonzalez/30-under-30-2018-discord.html |url-status=live |archive-url=https://web.archive.org/web/20180503131556/https://www.inc.com/guadalupe-gonzalez/30-under-30-2018-discord.html |archive-date=3 May 2018 |access-date=13 Jul 2025 |website=Inc.}}</ref> Launched in 2015, the service has grown to over 150 million monthly active users as of 2025. While initially marketed toward PC gamers, Discord has expanded to multiple platforms, serving various communities and use cases, such as education.<ref name="about-company">{{Cite web |date=15 Apr 2024 |title=About Discord <nowiki>|</nowiki> Our Mission and Values |url=https://discord.com/company/ |url-status=live |archive-url=https://web.archive.org/web/20250608013037/https://discord.com/company |archive-date=8 Jun 2025 |access-date=13 Jul 2025 |website=Discord}}</ref>

In April 2025, Humam Sakhnini (formerly King, Activision Blizzard) replaced Jason Citron as CEO.<ref>{{Cite web |title=Discord Appoints Humam Sakhnini as Chief Executive Officer |url=https://discord.com/press-releases/discord-appoints-new-ceo-humam-sakhnini}}</ref> {{InfoboxCompany
| Name = Discord Inc.
| Type = Private
| Founded = 2015
| Industry = Software
| Official Website = https://discord.com
| Logo = Discord.svg
}}

==Consumer Impact Summary==

===Privacy<ref name="terms-of-service3">[https://discord.com/terms/ "Discord's Terms of Service"]. April 15, 2024. ''Discord''. Retrieved January 16, 2025.</ref>===
Mentioned within the '''Discord TOS<ref name="terms-of-service3" />''' and '''Privacy Policy''':<ref name="privacy-policy3">[https://discord.com/privacy/ "Discord Privacy Policy"]. April 15, 2024. ''Discord''. Retrieved January 16, 2025.</ref><ref name="community-guidelines2">[https://discord.com/guidelines/ "Discord Community Guidelines"]. April 15, 2024. ''Discord''. Retrieved January 16, 2025.</ref>
*Collects extensive user data, including messages, voice communications, and server participation.
*Claims broad rights to user-generated content.
*Deleted messages are stored for undefined periods.
*Retains personal information until deemed "no longer needed" with undefined retention periods.
*Processes user content for "safety features and platform improvement".
*Shares data with related companies, vendors, and third-party service providers.
*Opt-out behavioral tracking across platform features for personalization.
*Maintains logs of IP addresses and device information for an undetermined amount of time, flags any user who has ever signed in with an EU IP address for inclusion within DSA transparency reports
*Sends a web request when any UI element is clicked & when typing
*A phone number is randomly required, and the account will be locked until a phone number is added, regardless of account age or recent activity. The account will be automatically locked if the phone number is removed.

===Freedom===
Mentioned within the '''Discord TOS<ref name="terms-of-service3" />''' and '''Privacy Policy''':<ref name="privacy-policy3" />
*Mandatory [[Forced Arbitration|binding arbitration]] with [[class action|class-action]] waiver for U.S. users (Started 15 May 2024).
*Users grant a perpetual, transferable license to their content.
*Users must accept the broad terms of service that allow unilateral changes.
*Accounts can be terminated without prior notice at Discord's discretion.

*No option to opt out of core data collection while using the service.
*Content may be retained by Discord even after deletion.
*Server owners have limited recourse if their servers are banned.
*Forced to use Discord's payment processing for all monetary transactions.

===Transparency===
Mentioned within the '''Discord Privacy Policy'''<ref name="privacy-policy3" /> and '''Community Guidelines''':<ref name="community-guidelines2" />
*Unclear processes for handling law enforcement requests.
*Vague about specific data retention time frames.
*Limited transparency regarding content moderation decisions.<ref name=":0">{{Cite web |title=BBB - Discord, Inc. |url=https://www.bbb.org/us/ca/san-francisco/profile/computer-software/discord-inc-1116-918699 |access-date=Aug 2, 2025 |website=[[Better Business Bureau]]}}</ref><ref name=":1">{{Cite web |title=Trustpilot - Discord |url=https://www.trustpilot.com/review/discord.com |access-date=Aug 2, 2025 |website=Trustpilot}}</ref>
**In some instances, the offending content is not shown to the user, nor any metadata, filenames, timestamps, or even the originating channel.
**No limits or restrictions on the age of content (e.g., users can be suspended due to something sent 1500 days ago)
*Server ban appeals process lacks transparency.<ref name=":0" /><ref name=":1" />
*Limited disclosure of recommendation algorithm factors.
*No clear disclosure of how the content is used for platform improvement.
==Consumer-protection incidents==
===C data collection investigation (Sep. 2024)===
In September 2024, the [[Federal Trade Commission]] (FTC) released a comprehensive report examining Discord's data-collection practices as part of a broader investigation into social-media platforms.<ref><templatestyles src="Module:Citation/CS1/styles.css"></templatestyles><cite class="citation web cs1">[https://www.ftc.gov/system/files/ftc_gov/pdf/Social-Media-6b-Report-9-11-2024.pdf "A Look Behind the Screens: Examining the Data Practices of Social Media and Video Streaming Services"] (PDF). ''Federal Trade Commission''. 11 Sep 2024. [https://web.archive.org/web/20240919133855/https://www.ftc.gov/system/files/ftc_gov/pdf/Social-Media-6b-Report-9-11-2024.pdf Archived] (PDF) from the original on 19 Sep 2024. Retrieved 13 Jul 2025.</cite><span title="ctx_ver=Z39.88-2004&rft_val_fmt=info%3Aofi%2Ffmt%3Akev%3Amtx%3Ajournal&rft.genre=unknown&rft.jtitle=Federal+Trade+Commission&rft.atitle=A+Look+Behind+the+Screens%3A+Examining+the+Data+Practices+of+Social+Media+and+Video+Streaming+Services&rft.date=2024-09-11&rft_id=https%3A%2F%2Fwww.ftc.gov%2Fsystem%2Ffiles%2Fftc_gov%2Fpdf%2FSocial-Media-6b-Report-9-11-2024.pdf&rfr_id=info%3Asid%2Fconsumerrights.wiki%3ADiscord" class="Z3988"></ref>

The investigation revealed Discord collects extensive user data, including:
*Message content and metadata
*Voice-chat participation
*Server membership and activity
*Device and location information
Particular concern was raised about:
*Collection of data from users under 13
*Handling of minor user information
*Inadequate age-verification systems
The FTC identified multiple areas where Discord's practices put users at risk:
*Identity-theft exposure
*Potential stalking risks
*Discrimination concerns
*Mental health and emotional impact

The FTC concluded that Discord's data practices created unacceptable risks for users, particularly minors, and called for significant reforms to the platform's privacy protection measures.<ref><templatestyles src="Module:Citation/CS1/styles.css"></templatestyles><cite id="CITEREFTolentino2024" class="citation web cs1">Tolentino, Daysia (19 Sep 2024). [https://www.nbcnews.com/tech/security/social-media-companies-engaged-vast-surveillance-ftc-finds-calling-sta-rcna171814 "Social media companies engaged in 'vast surveillance,' FTC finds, calling status quo 'unacceptable'"]. ''NBC News''. [https://web.archive.org/web/20240919171049/https://www.nbcnews.com/tech/security/social-media-companies-engaged-vast-surveillance-ftc-finds-calling-sta-rcna171814 Archived] from the original on 19 Sep 2024. Retrieved 13 Jul 2025.</cite><span title="ctx_ver=Z39.88-2004&rft_val_fmt=info%3Aofi%2Ffmt%3Akev%3Amtx%3Ajournal&rft.genre=unknown&rft.jtitle=NBC+News&rft.atitle=Social+media+companies+engaged+in+%27vast+surveillance%2C%27+FTC+finds%2C+calling+status+quo+%27unacceptable%27&rft.date=2024-09-19&rft.aulast=Tolentino&rft.aufirst=Daysia&rft_id=https%3A%2F%2Fwww.nbcnews.com%2Ftech%2Fsecurity%2Fsocial-media-companies-engaged-vast-surveillance-ftc-finds-calling-sta-rcna171814&rfr_id=info%3Asid%2Fconsumerrights.wiki%3ADiscord" class="Z3988"></ref>

===Introduction of forced arbitration (Mar. 2024)===
In March 2024, Discord users were notified via email that [[Forced Arbitration|forced arbitration]] would be added to the [[Terms of Service|terms of service]] , effective 15 April 2024. Users could opt out by sending an 'opt-out notice' to arbitration-opt-out@discord.com within the thirty days preceding 15 April 2024 or by registering their first account.'''<ref name="terms-of-service3" />'''

===Child safety concerns (Jun. 2023)===
An [[wikipedia:NBC News|NBC News]] investigation in June 2023<ref><templatestyles src="Module:Citation/CS1/styles.css"></templatestyles><cite id="CITEREFGoggin2023" class="citation web cs1">Goggin, Ben (21 Jun 2023). [https://www.nbcnews.com/tech/social-media/discord-child-safety-social-platform-challenges-rcna89769 "Child predators are using Discord, a popular app among teens, for sextortion and abductions"]. ''NBC News''. [https://web.archive.org/web/20230621152318/https://www.nbcnews.com/tech/social-media/discord-child-safety-social-platform-challenges-rcna89769 Archived] from the original on 21 Jun 2023. Retrieved 13 Jul 2025.</cite><span title="ctx_ver=Z39.88-2004&rft_val_fmt=info%3Aofi%2Ffmt%3Akev%3Amtx%3Ajournal&rft.genre=unknown&rft.jtitle=NBC+News&rft.atitle=Child+predators+are+using+Discord%2C+a+popular+app+among+teens%2C+for+sextortion+and+abductions&rft.date=2023-06-21&rft.aulast=Goggin&rft.aufirst=Ben&rft_id=https%3A%2F%2Fwww.nbcnews.com%2Ftech%2Fsocial-media%2Fdiscord-child-safety-social-platform-challenges-rcna89769&rfr_id=info%3Asid%2Fconsumerrights.wiki%3ADiscord" class="Z3988"></ref> uncovered widespread child-safety issues on Discord, revealing systemic problems with the platform's user protection measures.

Investigators identified 35 separate cases where adults were criminally charged with "kidnapping, grooming, or sexual assault" involving contacts initiated through Discord. Additionally, 165 criminal prosecutions involving the sharing of child sexual exploitation material on the platform were documented.

===Irresponsible moderation practices===
{{Main|Discord's irresponsible moderation}}
[[File:Discord Vague Infringement example.png|thumb|An example of how Discord handles its moderation from a user's perspective.]]
Reported countlessly by users on the BBB<ref name=":0" />, Trustpilot <ref name=":1" /> and a dedicated subreddit<ref>{{Cite web |title=/r/BannedFromDiscord |url=https://old.reddit.com/r/BannedFromDiscord/}}</ref> users have complained about how Discord's moderation is extremely vague. One such user reported their account being banned from the BBB,<ref>{{Cite web |last=Mir |first=Zain |date=Jul 23, 2025 |title=BBB Complaint |url=https://www.bbb.org/us/ca/san-francisco/profile/computer-software/discord-inc-1116-918699/complaints?page=2#1116_918699_23643523 |access-date=Aug 1, 2025 |website=Better Business Bureau}}</ref> with an automated system handling the entire process, replying only with templates, without having a human involved in the appeal process.

==References==
<references />

[[Category:Discord]]
[[Category:Forced Arbitration]]

Miku Terms of Service and Arbitration

2025-09-22T20:00:54Z

Tag365: /* References */

The [[Miku]] [[Terms of service|ToS]] is long, and can be potentially confusing for customers to understand. This section is meant to summarize and highlight important parts of the Miku TOS. Specifically, this section will cover:

#Miku Customer Requirements, Restrictions, & Reservations.
#Miku's ability to change aspects of their services and your immediate agreement to them.
#The Customer's rights to stop using Miku services or products.
#Customer data retained after canceling Miku services.
#Miku's commitment to making content available on their services.
#Miku's [[Forced arbitration|Forced Arbitration clause]].

===1. Miku Customer Requirements, Restrictions & Reservations.===
<blockquote>
====''Requirements:''====
</blockquote>

Through using Miku services, submitting data to Miku services, or setting up Miku products. Miku is allowed to collect personal data of you and your child. Any data collected about children is collected from the parent as the "guardian".<ref>{{Cite web |title=Miku ToS section "What about my privacy?" |url=https://mikucare.com/pages/terms-of-service#toc2 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc2 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "What about my privacy?"}}</ref>

Any content or data you share or otherwise upload or edit on Miku services gives Miku "a '''worldwide''', '''non-exclusive''', '''perpetual''', '''royalty-free''', fully paid, sublicensable and transferable license to '''use''', '''edit''', '''modify''', '''truncate''', '''aggregate''', '''reproduce''', '''distribute''', '''prepare derivative works of''', '''display''', '''perform''', and otherwise '''fully exploit the User Submissions in connection with the Services and our (and our successors’ and assigns’) businesses''', including without limitation '''for promoting''' and '''redistributing part or all of the Services''' (and derivative works thereof) in any media formats and '''through any media channels''' (including, without limitation, third party websites and feeds), '''and including after your termination of your account or the Services.'''"<ref name=":2">{{Cite web |title=Miku ToS section "Do I have to grant any licenses to Miku or to other users?" |url=https://mikucare.com/pages/terms-of-service#toc7 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc7 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "Do I have to grant any licenses to Miku or to other users?"}}</ref>

<blockquote>
====''Restrictions:''====
</blockquote>Miku has many restrictions it places on customers upon agreement to their terms of service, Miku's ToS begins in this section by stating:

"You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:"

following this, many restrictions are put in place, of those, these are the ones that violate consumer rights:

*Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of, or relating to, the Services;
*Jeopardizes the security of your Miku account or anyone else’s (such as allowing someone else to log in to the Services as you);
*Builds a competitive product or service using the Services, or builds a product or service using similar ideas, features, functions, or graphics as the Services or determines whether the Services are within the scope of any patent;

<blockquote>
====''Reservations:''====
</blockquote>

Miku reserves the right to remove, edit, or modify any content at their sole discretion, at any time, without notice to the customer including but not limited to the following reasons:

*'''No reason at all'''
*Allegations from third parties or authorities concerning the content
*to remove or block any content from the services.<ref name=":3">{{Cite web |title=Miku ToS section "What are my rights in Miku?" |url=https://mikucare.com/pages/terms-of-service#toc6 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc6 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "What are my rights in Miku?"}}</ref>

===2. Miku's ability to change aspects of their services and your immediate agreement to them.===

*Miku can change their paid services at any time, including eliminating all or parts of their paid services, '''without notice to the customer'''<ref>{{Cite web |title=Miku ToS section "Does Miku cost anything?" |url=https://mikucare.com/pages/terms-of-service#toc11 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc11 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "Does Miku cost anything?"}}</ref>
*'''Miku can change their terms of service any time''', if changes are made to their ToS, Miku claims: "we will do our best to bring it to your attention by placing a notice on the Miku website, by sending you an email, and/or by some other means." Miku also notes: "'''If you use the Services in any way after a change to the Terms are effective, you agree to the changes to the Terms.'''"<ref>{{Cite web |title=Miku ToS section "Will these Terms ever change?" |url=https://mikucare.com/pages/terms-of-service#toc1 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc1 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "Will these Terms ever change?"}}</ref>

===3. The Customer's right to stop using Miku services or products.===

*The customer is able to stop using Miku at any time and terminate the Terms of Service by contacting Miku's support email.
*'''Provisions in the Miku ToS that state anything done after the termination of your account will stay as such.''' (such as what this article mentions above with Miku customer requirements involving data retention, but is not solely limited to that.)<ref>{{Cite web |title=Miku ToS section "What if I want to stop using Miku?" |url=https://mikucare.com/pages/terms-of-service#toc22 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc22 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "What if I want to stop using Miku?"}}</ref>

===4. Customer data retained after canceling Miku services.===
Any data that is uploaded or created on or from Miku services regarding the parent or child can be retained by Miku indefinitely regardless of if the user terminates the ToS with Miku and cancels their subscription.<ref name=":2" />

===5. Miku's commitment to making content available on their services.===
Miku does not guarantee that any content will be available through Miku services that both Miku, and the customer provide. '''Miku reserves the right to change all content on their services.'''<ref name=":3" />

===6. Miku's [[Forced arbitration|Forced Arbitration clause]].===
Miku's ToS contains a complicated forced arbitration clause.

Miku's ToS states that any dispute, claim, or controversy the customer has with Miku must be determined with binding arbitration through a single arbitrator in either New Jersey, or submitted to a small claims court in New Jersey. The location may change if it is overly burdensome to the customer, and a virtual arbitration or over-the-phone arbitration may take place, or different location may be selected by the arbitrator.<ref>{{Cite web |title=Miku ToS section "Arbitration" |url=https://mikucare.com/pages/terms-of-service#toc28 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc28 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "Arbitration"}}</ref>

Miku's ToS explicitly states that any claims will take place on an individual basis, upon agreement to these terms, you forfeit the right to participate in "class actions" or "class arbitrations" against Miku.<ref>{{Cite web |title=Miku ToS section "No Class Actions" |url=https://mikucare.com/pages/terms-of-service#toc29 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc29 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "No Class Actions"}}</ref>

== Broader Implications Regarding Consumer Rights and Ownership ==
From reading the Terms of Service, it is understood that if Miku Services were to go offline without notice (which they are allowed to do), any data you created on or uploaded to the Miku services of yourself or your child is able to be retained by them forever. If Miku services were to shut down, customers would lose access to many of the care+ subscription features already supported by their device. If a customer was to try and reverse engineer or otherwise rebuild the services which were shut down to be able to use the already supported features of their Miku device, this would violate the terms of service and the customer could potentially be fined or jailed for individually modifying the Miku device, or providing a public solution for others to modify their Miku device to return accessibility to these features.

==References==
<references />
[[Category:Miku]]
[[Category:Forced Arbitration]]
[[Category:End-user license agreements]]

DAZN

2025-09-22T20:00:24Z

Tag365: /* References */

{{Incomplete}}{{InfoboxCompany
| Name = DAZN
| Type = Subsidiary
| Founded = 2007
| Industry = internet television, sports broadcasting
| Official Website = https://www.dazn.com
| Logo = DAZN Logo Master.svg
}}
[https://en.wikipedia.org/wiki/DAZN '''DAZN'''] is a British-owned entertainment platform for sports broadcasting and streaming. The platform launched in 2015 and streams live and on-demand sport to over 200 countries worldwide. The service has 20 million paying subscribers as of 2023.

==Anti-consumer practices==

===Cancellation difficulties and forced arbitration===
DAZN proposes that you can both sign up and cancel your subscription to streaming services at any time. Members will find, however, that once the 30-day trial has ended, they are locked into a subscription service, credit-card information was required when signing up for services.<ref>{{Cite web |title=DAZN Makes Canceling Difficult |url=https://www.reddit.com/r/Boxing/comments/1e3jt8w/dazn_makes_canceling_difficult/ |url-status=live |access-date=17 Mar 2025 |website=[[Reddit]]}}</ref><ref>{{Cite web |date=28 Dec 2020 |title=Dazn won't let me cancel |url=https://forums.azbilliards.com/threads/dazn-wont-let-me-cancel.524423/ |url-status=live |access-date=17 Mar 2025 |website=[[AZBilliards Forum]]}}</ref> The [[terms of service]] of DAZN contain a [[forced arbitration]] agreement wherein by subscribing you waive all rights to any compensation by any [[Class action lawsuit|class-action lawsuit]]. (See lines '''17. Mandatory Individual Arbitration''').<ref>{{Cite web |title=Terms of Use |url=https://help.dazn.com/hc/en-us/articles/16391473315101-Terms-of-Use |url-status=deviated |archive-url=https://web.archive.org/web/20240815150309/https://help.dazn.com/hc/en-us/articles/16391473315101-Terms-of-Use |archive-date=15 Aug 2024 |access-date=17 Mar 2025 |website=[[DAZN]]}}</ref>

Signing up for the service is a short process. Trying to unsubscribe from the service requires you to talk to an in-house agent. These agents appear to never be available. The only recourse a customer has to prevent monthly charges from DAZN is to cancel all charges being put on the account from that vendor.

===Unwanted automatic rebilling and price increases===
In 2023, DAZN offered a "NFL Game Pass" outside of the US in countries like Germany, where you could pay around $45 a month to watch the rest of the season games. <ref>{{Cite web |title=Internet Archive DAZN NFL Game Pass site from October 2023 |url=https://www.dazn.com/de-DE/l/nfl-game-pass/ |url-status=usurped |archive-url=https://web.archive.org/web/20231023140651/https://www.dazn.com/de-DE/l/nfl-game-pass/ |archive-date=2023-10-23}}</ref> The advertisement clearly states that the charges that you incur will be "per month for 4 months". The season pass subscription however does not terminate after the season is over. Unless actively cancelled, it silently renews in the following year for the exact same price, often leading to consumers incurring unexpected charges on their credit cards about a year later.<ref>{{Cite web |title=Trustpilot-Review about unwanted rebilling around the start of the new NFL season through a prior NFL game pass |url=https://de.trustpilot.com/reviews/66ac04dcf1f18786079050ae |website=Trustpilot}}</ref><ref>{{Cite web |title=Further customer reviews on Trustpilot about unwanted rebilling around August for their Game Pass |url=https://de.trustpilot.com/reviews/66ab3ce1b4f51e5e415cff7b |website=Trustpilot}}</ref> This correlates with an influx of negative reviews around the start of the new NFL season in August on websites like Trustpilot.

Reddit-Users also have complained about their cancelled free-trial subscriptions being bumped up to full season pass subscriptions and being charged more than $200 for a season pass they never ordered.<ref>{{Cite web |title=Reddit-Thread about NFL gamepass transition |url=https://www.reddit.com/r/dazn_ca/comments/15f9k2o/nfl_gamepass_transition_this_cant_be_legal/}}</ref> Furthermore, users on Trustpilot also noted that the usual 179€ price tag for a yearly subscription was switched to a monthly 40€ subscription without prior notice.<ref>{{Cite web |title=German Trustpilot review complaining about increased subscription prices |url=https://de.trustpilot.com/reviews/66ab3ce1b4f51e5e415cff7b |website=Trustpilot}}</ref><ref>{{Cite web |title=User comment on Trustpilot about the increase in price and switch to a monthly subscription model |url=https://de.trustpilot.com/reviews/67fed1a985794b537b4ad9f5 |website=Trustpilot}}</ref> This constitutes a 100€ price increase over the previously incurred costs.

==See also==

*[[Forced arbitration]]
*[[Click-to-cancel]]

==References==
<references />
[[Category:DAZN]]
[[Category:Subscription-based services]]
[[Category:Forced Arbitration]]

VRChat

2025-09-22T20:00:00Z

Tag365: /* References */

{{Incomplete}}

{{InfoboxCompany
| Name = VRChat
| Type = Private
| Founded = 2014
| Industry = Entertainment Software
| Official Website = https://hello.vrchat.com/
| Logo = VRChat_Logo.svg
}}

'''{{Wplink|VRChat}}''' is a digital application first released in 2014 by VRChat, Inc. While it is designed primarily for virtual reality, it is also available for desktop and mobile devices. The game focuses on social interaction and user generated content, such as worlds and avatars.

==Forced Arbitration==
VRChat's terms of service<ref>{{Cite web |date=18 Nov 2024 |title=Terms of Service |url=https://hello.vrchat.com/legal |url-status=live |access-date=22 Mar 2025 |website=[[VRChat]]}}</ref> include a [[Forced Arbitration|forced arbitration]] clause with a [[class action|class-action]] waiver. To opt out, you must send a letter containing your full legal name and your email address to VRChat Inc. within 30 days of agreeing to the TOS.

==Easy Anti-Cheat Controversy==
On July 25, 2022, VRChat announced The VRChat Security Update. This update would force all PC players into running Easy Anti-Cheat (EAC for short) on their systems. Easy Anti-Cheat is a [[Kernel Level Anti-Cheats|kernel level anti-cheat]] developed by [[Epic Games, Inc.|Epic Games]]. In their blogpost VRChat stated the update was done to block the use of modified clients and to improve user security by blocking malicious clients.<ref>{{Cite web |date=25 Jul 2022 |title=The VRChat Security Update |url=https://hello.vrchat.com/blog/vrchat-security-update |url-status=live |access-date=22 Mar 2025 |website=[[VRChat]]}}</ref> While this update succeeded in blocking PC clients, many of the clients were very popular at the time and offered many quality of life features. EAC has also raised numerous privacy concerns for how it operates on a user's system and what type of data it collects. EAC is also prone to crashing and causing blue screens. This update also failed to cover the Meta Quest version of the game, which some malicious clients migrated to. Notably, clients used to {{Wplink|Ripping|rip}} avatars and user generated assets.

==References==
{{Reflist}}
[[Category:{{PAGENAME}}]]
[[Category:Virtual reality companies]]
[[Category:Forced Arbitration]]
[[Category:End-user license agreements]]

Indeed Forced Arbitration & bundling of consent

2025-09-22T19:58:58Z

Tag365: /* References */

'''Indeed''', owned by [[Recruit Holdings]], operates as one of the world's largest job search platforms with '''more than 350 million monthly unique visitors'''.<ref>{{cite web |url=https://www.indeed.com/news/releases/indeed-introduces-specialist-media-networkshelping-employers-reach-more-skilled-professionals-across-industry-specific-sites-to-hire-for-hard-to-fill-roles |title=Indeed Introduces Specialist Media Networks, Helping Employers Reach More Skilled Professionals Across Industry-Specific Sites to Hire for Hard-to-Fill Roles |website=Indeed Press Room |date=2024-01-16 |access-date=2025-09-10}}</ref> The platform had large operational changes in 2024-2025, including laying off over 4,500 employees (2,200 in March 2023, 1,000 in May 2024, & 1,300 in July 2025).<ref>{{cite web |url=https://www.staffingindustry.com/news/global-daily-news/indeed-lay-2200-workers-reports-job-market-poised-continue-cooling |title=Indeed to lay off 2,200 workers, reports job market poised to continue cooling |website=Staffing Industry |date=2023-03-22 |access-date=2025-09-10}}</ref><ref>{{cite web |url=https://www.hrdive.com/news/indeed-layoffs-job-market/716166/ |title=Indeed lays off 1K employees, citing 'global slow-down' in hiring |website=HR Dive |date=2024-05-08 |access-date=2025-09-10}}</ref><ref>{{cite web |url=https://www.cbsnews.com/news/indeed-glassdoor-layoffs-ai-job-search/ |title=Indeed & Glassdoor to lay off 1,300 workers as AI shakes up job search business |website=CBS News |date=2025-07-25 |access-date=2025-09-10}}</ref>

CEO Chris Hyams resigned on June 2, 2025, after six years leading the company, replaced by former Indeed CEO Hisayuki "Deko" Idekoba.<ref>{{cite web |url=https://techcrunch.com/2025/06/03/indeed-ceo-chris-hyams-resigns-hands-reins-over-to-former-chief-hisayuki-idekoba/ |title=Indeed CEO Chris Hyams resigns, hands reins over to former chief Hisayuki Idekoba |website=TechCrunch |date=2025-06-03 |access-date=2025-09-10}}</ref> Recruit Holdings reported Q1 2024 HR Technology revenue falling 2.5% year-over-year to $1.83 billion, with U.S. revenue declining 5.0%.<ref>{{cite web |url=https://www.staffingindustry.com/news/global-daily-news/recruit-q1-revenue-falls-indeed-sees-decline-in-job-postings |title=Recruit Q1 revenue falls, Indeed sees decline in job postings |website=Staffing Industry |date=2024-08-07 |access-date=2025-09-10}}</ref>

==Incident==
On '''August 22, 2025''', Indeed updated its Terms of Service to include mandatory binding arbitration provisions in Section D.12 that apply to all U.S. users.<ref>{{cite web |url=https://www.indeed.com/legal?hl=en |title=Terms of Service |website=Indeed Legal |date=2025-08-22 |access-date=2025-09-10}}</ref> The update coincided with the platform's use of a bundled consent checkbox during job applications & large regulatory changes following the vacation of the FCC's one-to-one consent rule.

===Bundled consent checkbox===
Indeed employs a bundled consent mechanism during job applications that states: '''"Check this box to receive calls or text messages at the number you provided from employers you've applied to, & Indeed."''' This single checkbox combines two distinct types of consent:
*Permission for employers to contact applicants about job opportunities
*Permission for Indeed to send its own marketing & platform communications
[[File:Indeed bundled consent.jpg|alt=Checkbox to agree to receive text messages from indeed AND employers; cannot opt out of indeed text messages while opting into employer text messages.|thumb|Checkbox to agree to receive text messages from indeed '''''AND''''' employers; cannot opt out of indeed text messages while opting into employer text messages. ]]
'''This bundled approach prevents users from consenting to employer communications without simultaneously agreeing to receive Indeed's marketing messages'''.<ref>{{cite web |url=https://mslawgroup.com/tcpa-requirements-faq/ |title=TCPA Compliance, Opt-out & Consent Requirements |website=Mac Murray & Shuster LLP |access-date=2025-09-10}}</ref> Legal experts note that "it is impermissible to use a 'marketing partners' list or other technique that bundles consent for multiple sellers into a single consent action."<ref>{{cite web |url=https://mslawgroup.com/tcpa-requirements-faq/ |title=TCPA Compliance, Opt-out & Consent Requirements |website=Mac Murray & Shuster LLP |access-date=2025-09-10}}</ref>

===Arbitration agreement implementation===
Section D.12 of the Terms requires users to waive their rights to pursue disputes in court, participate in jury trials, & engage in class, collective, or representative actions.<ref>{{cite web |url=https://www.indeed.com/legal?hl=en |title=Terms of Service (Section D.12) |website=Indeed Legal |date=2025-08-22 |access-date=2025-09-10}}</ref> The arbitration agreement applies retroactively to disputes arising before the clause was introduced, unless users had already notified Indeed of the dispute.

[[File:Indeed forced arbitration.png|alt=Forced arbitration notice sent out to Indeed users|thumb|Forced arbitration notice sent out to Indeed users]]

The arbitration provisions cover disputes ''"arising out of or relating in any way to the Site... any communications you send or receive... the Terms or prior versions of the Terms, or any aspect of your relationship with Indeed,"'' including disputes between users as well as with Indeed itself.<ref>{{cite web |url=https://www.indeed.com/legal?hl=en |title=Terms of Service (Section D.12 excerpts) |website=Indeed Legal |date=2025-08-22 |access-date=2025-09-10}}</ref>

===Opt-out process===
Job seekers are provided a '''30-day window''' to opt out of the arbitration agreement by sending notice to '''arbitration-opt-out@indeed.com'''.<ref>{{cite web |url=https://www.indeed.com/legal?hl=en |title=Terms of Service (Section D.12(l) – 30-Day Opt-Out) |website=Indeed Legal |date=2025-08-22 |access-date=2025-09-10}}</ref> The opt-out requires:
*A statement of intent to opt out
*Full name
*Mailing address
*Phone number
*All email addresses linked to Indeed accounts
*Date of the notice

Optional: An automated opt-out notice generator is available [https://denveous.github.io/arbitration/ here] to help users create properly formatted legal notices, or if you prefer there is this pdf provided by Indeed's legal department over [https://acrobat.adobe.com/id/urn:aaid:sc:US:95af942c-2ff5-424b-a3b1-521f7800a347?viewer%21megaVerb=group-discover here]

==Legal & regulatory context==
===FCC one-to-one consent rule vacated===
On '''January 24, 2025''', the U.S. Court of Appeals for the Eleventh Circuit vacated the FCC's one-to-one consent rule in ''Insurance Marketing Coalition Limited v. Federal Communications Commission''.<ref>{{cite web |url=https://perkinscoie.com/insights/update/fccs-one-one-consent-rule-vacated-whats-next-tcpa-compliance |title=FCC's One-to-One Consent Rule Vacated: What's Next for TCPA Compliance? |website=Perkins Coie |date=2025-01-27 |access-date=2025-09-10}}</ref> The court held that the FCC exceeded its statutory authority under the Telephone Consumer Protection Act (TCPA) by imposing restrictions beyond the statutory requirement of "clear & unmistakable" consent.<ref>{{cite web |url=https://epic.org/eleventh-circuit-vacates-robocall-consent-protection-before-it-takes-effect/ |title=Eleventh Circuit Vacates Robocall Consent Protection Before It Takes Effect |website=Electronic Privacy Information Center (EPIC) |date=2025-01-24 |access-date=2025-09-10}}</ref>

Despite the rule's vacation, fundamental TCPA principles prohibiting bundled consent remain in effect. Marketing experts emphasize this point:

<blockquote>"consent to contact cannot be implied or bundled with other agreements. It should be a standalone opt-in."<ref>{{cite web |url=https://activeprospect.com/blog/tcpa-consent/ |title=TCPA consent: The complete guide for marketers |website=ActiveProspect |access-date=2025-09-10}}</ref>
</blockquote>

===TCPA compliance requirements===
Current TCPA law maintains strict requirements for Prior Express Written Consent (PEWC), including:
*Consent must be obtained separately for each marketing entity
*Cannot be bundled with other agreements
*Must be clear & unambiguous<ref>{{cite web |url=https://www.pcrecruiter.net/site/2025/01/16/recruiters-guide-to-texting/ |title=The Recruiter's Guide to the TCPA & Texting |website=PCRecruiter |date=2025-01-16 |access-date=2025-09-10}}</ref>

Penalties range from '''$500 to $1,500 per violation''', with significant increases in TCPA litigation in recent years.<ref>{{cite web |url=https://www.dnc.com/blog/what-tcpa-lawsuit-can-cost-you |title=What a TCPA Lawsuit Can Cost You |website=DNC.com |access-date=2025-09-10}}</ref> TCPA class action filings reached '''2,788 cases in 2024''' (a 67% increase from 2023) with January 2025 showing a 250% increase in class action filings year-over-year.<ref>{{cite web |url=https://tcpaworld.com/2025/03/06/tcpa-class-action-filings-explode-the-massive-final-numbers-are-in-for-2024-and-january-2025-numbers-are-insane/ |title=TCPA CLASS ACTION FILINGS EXPLODE: The MASSIVE Final Numbers Are In for 2024–And January, 2025 Numbers Are INSANE |website=TCPAWorld |date=2025-03-06 |access-date=2025-09-10}}</ref>

===Arbitration enforcement precedents===
Courts have previously enforced Indeed's arbitration agreements. In '''Gilbert v. Indeed, Inc.''' (2021), the Western District of Texas compelled arbitration of sexual harassment claims under the Federal Arbitration Act.<ref>{{cite web |url=https://pospislaw.com/blog/2021/01/22/court-compels-arbitration-of-sexual-harassment-claims-against-indeed/ |title=Court Compels Arbitration of Sexual Harassment Claims Against Indeed |website=Pospis Law, PLLC |date=2021-01-22 |access-date=2025-09-10}}</ref>

==Business context==
===Financial pressures & monetization changes===
Recruit Holdings reported declining performance:
*Q1 2024 HR Technology revenue: $1.83 billion (down 2.5% YoY)
*U.S. HR Tech revenue: $1.25 billion (down 5.0% YoY)
*Paid job ads on Indeed: down 50% YoY<ref>{{cite web |url=https://www.staffingindustry.com/news/global-daily-news/indeed-and-glassdoor-revenue-declines-paid-job-ads-down-50 |title=Indeed & Glassdoor revenue declines, paid job ads down 50% |website=Staffing Industry |date=2024-08-13 |access-date=2025-09-10}}</ref>

Indeed eliminated free job postings for companies using automated posting systems in '''October 2024''', forcing employers into paid sponsorship models costing $300-1,000 per posting.<ref>{{cite web |url=https://support.augusta.care/hc/en-us/articles/29520796936205-Indeed-Upcoming-Changes-to-Job-Visibility-What-Employers-Need-to-Know |title=Indeed - Upcoming Changes to Job Visibility: What Employers Need to Know |website=Augusta |date=2024-10-01 |access-date=2025-09-10}}</ref>

==Consumer impact==
===Platform exploitation by scammers===
The Federal Trade Commission reports task scams caused '''$220 million in losses''' in the first six months of 2024, representing nearly 40% of all job scam reports.<ref>{{cite web |url=https://www.ftc.gov/news-events/news/press-releases/2024/12/new-ftc-data-show-skyrocketing-consumer-reports-about-game-online-job-scams |title=New FTC Data Show Skyrocketing Consumer Reports About Game-Like Online Job Scams |website=Federal Trade Commission |date=2024-12-12 |access-date=2025-09-10}}</ref> These scams increased from zero reports in 2020 to 5,000 in 2023, then quadrupled to approximately 20,000 in the first half of 2024.<ref>{{cite web |url=https://www.ftc.gov/news-events/data-visualizations/data-spotlight/2024/12/paying-get-paid-gamified-job-scams-drive-record-losses |title=Paying to get paid: gamified job scams drive record losses |website=Federal Trade Commission |date=2024-12-12 |access-date=2025-09-10}}</ref>

===Consumer complaints===
Better Business Bureau records show complaints about Indeed's information sharing practices, with one user stating: "Filling out job applications on Indeed has caused a leak in my information as well as others emails from unknown people & or companies never applied for."<ref>{{cite web |url=https://www.bbb.org/us/tx/austin/profile/job-listing-service/indeed-0825-1000101793/complaints |title=Indeed | BBB Complaints |website=Better Business Bureau |access-date=2025-09-10}}</ref>

Users report receiving "1000 spam calls" after posting resumes on Indeed.<ref>{{cite web |url=https://www.trustpilot.com/review/www.indeed.com |title=Indeed Reviews |website=Trustpilot |access-date=2025-09-10}}</ref> Indeed maintains an A+ Better Business Bureau rating & 3/5 stars on Trustpilot from 12,123+ reviews.<ref>{{cite web |url=https://www.trustpilot.com/review/www.indeed.com |title=Indeed is rated "Average" with 3 / 5 on Trustpilot |website=Trustpilot |access-date=2025-09-10}}</ref>

==Industry comparison==
===Consent practices across platforms===
Major job platforms have adopted unbundled consent mechanisms:
*'''LinkedIn''': Uses separate, granular consent checkboxes distinguishing between recruiter outreach & LinkedIn marketing<ref>{{cite web |url=https://www.linkedin.com/legal/l/lmsprogramterms |title=LMS Program Terms |website=LinkedIn |access-date=2025-09-10}}</ref>
*'''Monster/CareerBuilder''': Following their 2024 merger, overhauled their consent structure with separate controls for different communication types<ref>{{cite web |url=https://resources.careerbuilder.com/employer-blog/careerbuilder-and-monster-close-combination-creating-stronger-job-board-for-talent-and-employers |title=CareerBuilder & Monster close combination |website=CareerBuilder |date=2024-08-01 |access-date=2025-09-10}}</ref>
*'''ZipRecruiter''': Has distinct opt-ins for their marketing versus employer communications<ref>{{cite web |url=https://www.ziprecruiter.com/marketplace/terms |title=ZipRecruiter Marketplace Terms |website=ZipRecruiter |access-date=2025-09-10}}</ref>
*'''Glassdoor''': In spite of controversial 2024 changes requiring real names, glassdoor keeps separate consent streams<ref>{{cite web |url=https://ia.acs.org.au/article/2024/glassdoor-now-wants-your-real-name-and-employer.html |title=Glassdoor now wants your real name & employer |website=Information Age |date=2024-03-27 |access-date=2025-09-10}}</ref>

===Privacy expert perspectives===
The Electronic Frontier Foundation emphasizes that bundled consent represents a [[Dark pattern|''"dark pattern"'']] that subverts user autonomy.<ref>{{cite web |url=https://www.eff.org/deeplinks/2022/12/privacy-doesnt-stop-when-you-clock-2022-review |title=Privacy Shouldn't Clock Out When You Clock In: 2022 in Review |website=Electronic Frontier Foundation |date=2022-12-15 |access-date=2025-09-10}}</ref> The Federal Trade Commission's 2022 report "Bringing Dark Patterns to Light" specifically identified bundling as a problematic practice.<ref>{{cite web |url=https://www.ftc.gov/news-events/news/press-releases/2022/09/ftc-report-shows-rise-sophisticated-dark-patterns-designed-trick-trap-consumers |title=FTC Report Shows Rise in Sophisticated Dark Patterns Designed to Trick & Trap Consumers |website=Federal Trade Commission |date=2022-09-15 |access-date=2025-09-10}}</ref>

GDPR requirements explicitly mandate granular consent with separate checkboxes for distinct purposes.<ref>{{cite web |url=https://gdpr.eu/gdpr-consent-requirements/ |title=What are the GDPR consent requirements? |website=GDPR.eu |access-date=2025-09-10}}</ref> Privacy experts note that "consent must be freely given, specific, informed, & unambiguous" & cannot be bundled.<ref>{{cite web |url=https://transcend.io/blog/explicit-consent |title=A Guide to Collecting Explicit Consent Under GDPR |website=Transcend |access-date=2025-09-10}}</ref>

==Company response==
Indeed has not issued standalone press releases addressing the Terms of Service changes or bundled consent practices. The company's official communication consisted of updates to the Indeed Legal page in early September 2025, explaining the Terms had changed, highlighting the arbitration clause, & noting the opt-out option.<ref>{{cite web |url=https://www.indeed.com/legal |title=Indeed Legal: Terms of Service |website=Indeed |date=2025-09-07 |access-date=2025-09-10}}</ref>

The company's Terms of Service state it is users' "sole responsibility to comply with all TCPA guidelines," shifting liability to employers while emphasizing Indeed is not responsible for employer communication practices.<ref>{{cite web |url=https://www.indeed.com/legal |title=Terms of Service |website=Indeed Legal |date=2025-08-22 |access-date=2025-09-10}}</ref>

Regarding scams, Indeed states it "never reach[es] out to job seekers to offer employment through phone calls, text messages, or apps like WhatsApp or Telegram."<ref>{{cite web |url=https://support.indeed.com/hc/en-us/articles/28360944766221-Text-Messages-or-Phone-Calls-Claiming-To-Be-Indeed-It-Might-Be-a-Scam |title=Text Messages or Phone Calls Claiming To Be Indeed? It Might Be a Scam |website=Indeed Support |access-date=2025-09-10}}</ref>

==Conclusion==
Indeed's bundled consent checkbox creates TCPA compliance risks despite the January 2025 vacation of the FCC's one-to-one consent rule. Legal experts from Bryan Cave Leighton Paisner note that ''"consumers must provide individual consent for contact to each specific seller,"'' making Indeed's bundled approach legally problematic even after regulatory changes.<ref>{{cite web |url=https://www.bclplaw.com/en-US/events-insights-news/fccs-new-11-consent-rule-spells-trouble-in-2025.html |title=FCC's new 1:1 consent rule spells trouble in 2025 |website=Bryan Cave Leighton Paisner |date=2025-01-10 |access-date=2025-09-10}}</ref>

The practice appears increasingly outdated compared to industry standards, with major competitors implementing granular consent mechanisms. Research indicates '''99% of consumers are unaware they have agreed to arbitration clauses''', with consumer win rates in forced arbitration dropping to just 0.7%.<ref>{{cite web |url=https://www.nclc.org/study-99-of-consumers-unaware-they-are-subject-to-forced-arbitration/ |title=Study: 99% of Consumers Unaware they are Subject to Forced Arbitration |website=National Consumer Law Center |date=2022-03-01 |access-date=2025-09-10}}</ref>

The Economic Policy Institute found mandatory arbitration covers '''56.2% of U.S. employees''', with 98% of workers' claims for rights violations disappearing when the only option is private, forced arbitration.<ref>{{cite web |url=https://www.epi.org/publication/the-growing-use-of-mandatory-arbitration-access-to-the-courts-is-now-barred-for-more-than-60-million-american-workers/ |title=The growing use of mandatory arbitration: Access to the courts is now barred for more than 60 million American workers |website=Economic Policy Institute |date=2018-04-06 |access-date=2025-09-10}}</ref>

Consumer advocates including Public Citizen identify mandatory arbitration clauses as "discriminatory & unfair," noting most people subject to pre-dispute arbitration clauses do not know they have waived court access rights.<ref>{{cite web |url=https://www.citizen.org/article/mandatory-arbitration-clauses-are-discriminatory-and-unfair/ |title=Mandatory Arbitration Clauses Are Discriminatory & Unfair |website=Public Citizen |access-date=2025-09-10}}</ref>

==Timeline==
*'''2023-03-22:''' Indeed lays off 2,200 employees (15% of workforce)
*'''2024-05-08:''' Indeed lays off 1,000 employees (8% of workforce)
*'''2024-10-01:''' Indeed eliminates free job postings for automated posting systems
*'''2025-01-24:''' Eleventh Circuit vacates FCC's TCPA one-to-one consent rule
*'''2025-06-02:''' CEO Chris Hyams resigns, replaced by Hisayuki Idekoba
*'''2025-07-25:''' Indeed & Glassdoor lay off 1,300 employees
*'''2025-08-22:''' Indeed publishes updated Terms of Service with arbitration agreement
*'''2025-09-07:''' Indeed updates Legal page describing Terms changes

==References==
{{reflist}}

[[Category:Incidents]]
[[Category:Forced Arbitration]]
[[Category:End-user license agreements]]
[[Category:Indeed]]
[[Category:2025 incidents]]

Nintendo's May 2025 Policy Updates

2025-09-22T19:57:25Z

Tag365: Added categories.

On '''May 8th, 2025''' (with changes generally effective '''May 7th-8th, 2025'''<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><ref name="IGNBrickingMay2025">{{Cite web |last=Blake |first=Vikki |date=May 9, 2025 |title=Nintendo Revises User Agreement, And If You Break It, Nintendo Reserves The Right to Brick Your Switch |url=https://www.ign.com/articles/nintendo-revises-user-agreement-and-if-you-break-it-nintendo-reserves-the-right-to-brick-your-switch |access-date=May 15, 2025 |website=IGN}}</ref>), [[Nintendo]] released significant updates to its [[Nintendo]] Account User Agreement<ref name="EULAMain">{{Cite web |title=Nintendo Account User Agreement |url=https://accounts.nintendo.com/term/eula/US?lang=en-US |website=Nintendo Accounts |access-date=May 15, 2025}}</ref> and 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/ |website=Nintendo |access-date=May 15, 2025}}</ref> These revisions introduced new terms with the potential to negatively impact customers. Key changes include:
*Updates to '''Section 6 (User-Generated Content)''' of the EULA, now requiring adherence to Nintendo's specific content guidelines.
*New provisions in '''Section 13 (Breach and Termination of the Agreement)''' of the EULA, where Nintendo reserves the right in some regions (notably the US) to ''"render the Nintendo Account Services and/or the applicable Nintendo device permanently unusable in whole or in part."''<ref name="EULASummaryChanges">{{Cite web |title=Nintendo Account User Agreement - What's Changed? |url=https://www.nintendo.com/us/eula-update/ |website=Nintendo |access-date=May 15, 2025}}</ref>
*Significant changes to '''Section 16 (Dispute Resolution)''' of the EULA, mandating [[forced arbitration]] and including a class-action waiver, though with an opt-out provision.<ref name="EULASummaryChanges" />

==Background==
[[Nintendo]] has historically been known to be restrictive with how the company has enforced its policies. During the time the company supported the Wii U throughout the 2010s, users attempting to share footage of their games on platforms, such as [[YouTube]], were at risk of having said content taken down,<ref name="IGNLetsPlays2013">{{Cite web |last=Macdonald |first=Keza |date=May 16, 2013 |title=Nintendo Enforces Copyright on Youtube Let's Plays |url=https://www.ign.com/articles/2013/05/16/nintendo-enforces-copyright-on-youtube-lets-plays |access-date=May 14, 2025 |website=IGN}}</ref><ref name="ArsLivestreams2017">{{Cite web |last=Orland |first=Kyle |date=Oct 2, 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/ |access-date=May 14, 2025 |website=Ars Technica}}</ref> later requiring consumers to join an affiliate program<ref name="IGNAffiliate2015">{{Cite web |last=Pitcher |first=Jenna |date=Jan 29, 2015 |title=Nintendo Rolls Out Beta Affiliate Program for YouTube Creators |url=https://www.ign.com/articles/2015/01/29/nintendo-rolls-out-beta-affiliate-program-for-youtube-creators |access-date=May 14, 2025 |website=IGN}}</ref> that continues to exist today. The Nintendo Creators Program claimed a significant portion of the video's ad revenue ''(Nintendo's share was reported to be 30-40% for the creator, meaning Nintendo took 60-70% initially, though terms later allowed up to 70% for creators)'',<ref name="ArsAdRevenue2015">{{Cite web |last=Orland |first=Kyle |date=Jan 29, 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/ |access-date=May 14, 2025 |website=Ars Technica}}</ref> and restricting content critical of Nintendo or its IP.

The enforcement of these policies has also seen the closure of Tournaments,<ref name="ArsSmashTournaments2013">{{Cite web |last=Orland |first=Kyle |date=Jul 11, 2013 |title=Why Nintendo can legally shut down any Smash Bros. tournament it wants |url=https://arstechnica.com/gaming/2013/07/why-nintendo-can-legally-shut-down-any-smash-bros-tournament-it-wants/ |access-date=May 15, 2025 |website=Ars Technica}}</ref> lawsuits against competing companies,<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 news |last=Norman |first=Jim |date=May 5, 2025 |title=Accessory Manufacturer Genki Responds To Nintendo's Switch 2 Lawsuit |url=https://www.nintendolife.com/news/2025/05/accessory-manufacturer-genki-responds-to-nintendos-switch-2-lawsuit |work=Nintendo Life}}</ref> the persistent war on emulation,<ref>{{Cite news |last=Robertson |first=Joshua |date=Oct 1, 2024 |title=Nintendo Is Going After YouTubers That Show Off Emulated Game Footage |url=https://www.thegamer.com/nintendo-striking-youtubers-using-emulated-game-footage/}}</ref><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><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> and more. Due to how far Nintendo has historically aimed to enforce its policies, it is reasonable to expect these May 2025 policy updates to be similarly enforced.

==The updates: May 2025==
In early May 2025, Nintendo published these updates to the [[Nintendo]] Account User Agreement<ref name="EULAMain" /> and Privacy Policy.<ref name="PrivacyPolicyMain" /> The changes significantly affect consumer rights concerning products they use and their legal recourse against the company.

Nintendo account holders were notified of these policy changes via email. The email generally stated that continued use of Nintendo Account Services would constitute agreement to the new terms, and the primary way to decline was to cancel the Nintendo Account.

A transcript of a version of this email is provided below:
<blockquote>''We're writing to let you know that we've updated the Nintendo Account User Agreement and Nintendo Privacy Policy, If you or any users under your Nintendo Account continue to use any Nintendo Account Services, including by keeping your or their Nintendo Account open, then you affirm you agree to the updated Nintendo Account User Agreement and acknowledge you have read the updated Nintendo Privacy Policy on your and their behalf. If You do not agree to the changes, you must cancel your Nintendo Account immediately.''

''Nintendo Account User Agreement. The updates include important updates to how you and Nintendo will arbitrate disputes. See our What's changed? page for a summary of changes, but you should also review the full updated Nintendo Account User Agreement to ensure you understand your rights and obligations.''

''Nintendo Privacy Policy. The updates include important updates regarding the categories of information we may collect and how we might use your information. See our What's changed? page for a summary of changes, but you should also review the full updated Nintendo Privacy Policy to ensure you understand the policy.''

''Feel free to contact us with any questions.''</blockquote>
<gallery>
File:NintendoEmailNA.jpg|Email from Nintendo of America informing consumers of the May 2025 policy changes.
</gallery>


===Details of the Updated Terms===

====Nintendo Account User Agreement (EULA)====
Key changes effective May 7th/8th, 2025, include:
*'''Section 2 (License):''' The terms emphasize that Nintendo Account Services are licensed, not sold, to users, and include additional restrictions on their use.<ref name="EULASummaryChanges" />
*'''Section 6 (User-Generated Content):''' This section was updated to require users to adhere to the '''"Nintendo Game Content Guidelines for Online Video & Image Sharing Platforms."'''<ref name="EULASummaryChanges" />
**The latest publicly available version of these guidelines (as of May 2025 research) was last updated on September 2, 2024.<ref name="NintendoContentGuidelines">{{Cite web |title=Nintendo Game Content Guidelines for Online Video & Image Sharing Platforms |url=https://www.nintendo.co.jp/networkservice_guideline/en/index.html |access-date=May 15, 2025 |website=Nintendo Co., Ltd.}}</ref>
**These guidelines generally require users to add their own creative input and commentary to shared gameplay footage, rather than simply re-uploading existing Nintendo videos or gameplay without original content. They also prohibit users from implying any official affiliation with or sponsorship by Nintendo. Monetization is restricted to specific methods approved by Nintendo (e.g., YouTube Partner Program, Twitch Affiliate Program).<ref name="NintendoContentGuidelines" />
*'''Section 13 (Breach and Termination of the Agreement - Consequences of Non-Compliance):''' This section details Nintendo's rights if users fail to comply with restrictions.
**For users under the Nintendo of America EULA, a key provision states: <blockquote>''"Without limitation, you agree that you may not (a) publish, copy, modify, reverse engineer, lease, rent, decompile, disassemble, distribute, offer for sale, or create derivative works of any portion of the Nintendo Account Services; (b) bypass, modify, decrypt, defeat, tamper with, or otherwise circumvent any of the [functions or protections of the Nintendo Account Services]. You acknowledge that if you fail to comply with the foregoing restrictions Nintendo may render the Nintendo Account Services and/or the applicable Nintendo device permanently unusable in whole or in part."''</blockquote><ref name="GamesIndustryBrickingQuote">{{Cite web |last=Blake |first=Vikki |date=May 12, 2025 |title=Switch consoles can be made "permanently unusable" if Nintendo thinks a player has broken new user agreement |url=https://www.gamesindustry.biz/switch-consoles-can-be-made-permanently-unusable-if-nintendo-thinks-a-player-has-broken-new-user-agreement |access-date=May 15, 2025 |website=GamesIndustry.biz}}</ref> This was also reported by GameSpot,<ref name="GameSpotBrickingQuote">{{Cite web |last=Bonthuys |first=Darryn |date=May 9, 2025 |title=Breaking This New Nintendo Clause Could Make Your Switch 2 "Unusable" |url=https://www.gamespot.com/articles/breaking-this-new-nintendo-clause-could-make-your-switch-2-unusable/1100-6531421/ |access-date=May 15, 2025 |website=GameSpot}}</ref> HotHardware,<ref name="HotHardwareBrickingQuote">{{Cite web |date=May 12, 2025 |title=Nintendo Can Brick Your Switch And Skirt Lawsuits In Outrageous EULA Update |url=https://hothardware.com/news/nintendo-eula-update-brick-consoles-arbitration |access-date=May 15, 2025 |website=HotHardware}}</ref> and AS USA.<ref name="ASUSABrickingQuote">{{Cite web |date=May 9, 2025 |title=Nintendo can disable your Switch 2 for piracy in the U.S., but not in Europe, as confirmed by its EULA |url=https://en.as.com/meristation/news/nintendo-can-disable-your-switch-2-for-piracy-in-the-us-but-not-in-europe-as-confirmed-by-its-eula-n/ |access-date=May 15, 2025 |website=AS USA Meristation}}</ref> This has been widely interpreted by media and consumers as Nintendo reserving the right to "brick" consoles.
**'''Regional Variation (Europe/UK):''' The Nintendo of Europe (NOE) EULA uses different language: <blockquote>''"Such unauthorised use of a Digital Product may result in the Digital Product becoming unusable."''</blockquote><ref name="ASUSABrickingQuote" /> This focuses on the digital product, not necessarily rendering the entire device unusable.
*'''Section 16 (Dispute Resolution - Mandatory Arbitration):''' This section was significantly updated.<ref name="EULASummaryChanges" />
**It mandates '''binding, individual arbitration''' for most disputes and includes a '''waiver of the right to sue in court or participate in class-action lawsuits'''. A widely reported quote from this section is: <blockquote>''"THIS ARBITRATION PROVISION PRECLUDES YOU AND NINTENDO FROM SUING IN COURT, HAVING A TRIAL BY JURY, OR PARTICIPATING IN A CLASS ACTION."''</blockquote><ref name="ZeldaDungeonArbitration">{{Cite web |last=Anderson |first=Rod |display-authors=etal |date=May 11, 2025 |title=Nintendo's Controversial User Agreement Update Combats Piracy and Class Actions, but the Changes Are Nothing New |url=https://www.zeldadungeon.net/nintendos-controversial-user-agreement-update-combats-piracy-and-class-actions-but-the-changes-are-nothing-new/ |access-date=May 15, 2025 |website=Zelda Dungeon}}</ref>
**'''Opt-Out Provision:''' Users in North America were given a '''30-day window''' from accepting the new terms to opt out of this arbitration agreement by sending a physical letter with specified information (including full name, address, phone number, and email associated with the Nintendo Account) to: <blockquote>Nintendo of America Inc., Attn: CS Admin, 4600 150th Ave NE, Redmond, WA 98052.<ref name="ZeldaDungeonArbitration" /><ref name="HotHardwareBrickingQuote" /></blockquote>
**It also requires users to engage in informal dispute resolution with Nintendo before initiating arbitration.<ref name="EULASummaryChanges" />
This reference for the Android Authority article was included in the original wiki source's placeholder section:<ref name="McNealAA2025">{{Cite web |last=McNeal |first=Ryan |date=May 9, 2025 |title=Nintendo warns it may brick your Switch if you engage in unauthorized use |url=https://www.androidauthority.com/nintendo-user-agreement-update-3556245/ |access-date=May 14, 2025 |website=Android Authority}}</ref>

====Nintendo Privacy Policy====
Key changes effective May 2025 include:<ref name="PrivacyPolicySummaryChanges" />
*'''Chat Monitoring and Recording:''' Clarification that Nintendo ''"may collect, monitor, and record audio and video of your chat sessions within certain services"'' for purposes like supporting a safe environment and detecting violations.
**Nintendo later clarified to the publication ''Game File'' that ''"All recording is otherwise privately stored on the device, and no recording is sent to Nintendo until a report is submitted."''<ref name="GamesIndustryBrickingQuote" /> (citing ''Game File'')
*'''Recording of Interactions with Nintendo:''' Interactions with Nintendo (e.g., customer support) may be monitored and recorded for quality assurance.
*'''Information Visible to Other Users:''' The policy provides more details on information that might be visible to other users.
*'''General Data Practices''' (from Nintendo's main Privacy Policy page<ref name="PrivacyPolicyMain" />): Nintendo states it does not sell user information but may use cookies and share data with third-party service providers for business purposes, including advertising. Users have rights to access, correct, or delete their information.

==Consumer response==

There has been significant consumer backlash over the changes to these terms, leading many to expect that Nintendo is trying to reserve their right to 'brick' customer's consoles as a measure of policy enforcement,<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><ref name="PsybeamYouTube">{{Cite web |last=Psybeam |date=May 9, 2025 |title=Nintendo Can Now Permanently Disable Your Switch If You're Found Modding |url=https://www.youtube.com/watch?v=mG7LoNJcpw8 |access-date=May 14, 2025 |website=YouTube}}</ref> despite the fact that intentionally rendering a device inoperable would be a violation of consumer protection laws within the United States and European Union. This however does not mean [[Nintendo]] cannot hinge the functionality of the device's software excessively on an online connection to their servers, meaning a ban could render a console functionally useless by restricting access to game patches (which are only installable through a connection to Nintendo's servers, there is no offline patch functionality).

Concerns were widely reported by major gaming publications. Eurogamer<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> and Game File<ref name="GameFileEffectiveDate" /> were among the outlets<ref>{{Cite web |last=McCrae |first=Scott |date=8 May 2025 |title=New Nintendo of America policy asks users to give up their rights to a class-action lawsuit and call customer service instead: "Most matters can be quickly resolved in this manner" |url=https://www.gamesradar.com/platforms/nintendo/new-nintendo-of-america-policy-asks-users-to-give-up-their-rights-to-a-class-action-lawsuit-and-call-customer-service-instead-most-matters-can-be-quickly-resolved-in-this-manner/ |access-date=9 May 2025 |website=GamesRadar}}</ref><ref>{{Cite web |last=Litchfield |first=Ted |date=10 May 2025 |title=PC gaming remains undefeated: Nintendo now says it has the right to brick your Switch if it thinks you're pirating games or modifying the console |url=https://www.pcgamer.com/gaming-industry/pc-gaming-remains-undefeated-nintendo-now-says-it-has-the-right-to-brick-your-switch-if-it-thinks-youre-pirating-games-or-modifying-the-console/ |url-status=live |access-date=11 May 2025 |website=PC Gamer}}</ref> covering these details. Other publications like IGN,<ref name="IGNBrickingMay2025" /> GameSpot,<ref name="GameSpotBrickingQuote" /> TechRadar,<ref name="TechRadarBricking2025">{{Cite web |last=Publisher |first=Future |date=May 12, 2025 |title=Nintendo now says it can disable your Switch or potentially even your new Switch 2 if you don't follow its user agreement |url=https://www.techradar.com/gaming/nintendo-now-says-it-can-disable-your-switch-or-potentially-even-your-new-switch-2-if-you-dont-follow-its-user-agreement |access-date=May 15, 2025 |website=TechRadar}}</ref> GamesIndustry.biz,<ref name="GamesIndustryBrickingQuote" /> and Android Authority<ref name="McNealAA2025" /> also provided analysis and reported on user concerns.

Many analysts linked these stricter terms to Nintendo's preparations for the upcoming Nintendo Switch 2 console, aiming to bolster anti-piracy measures and control over its platform.

==References==
{{reflist}}
[[Category:Forced Arbitration]]
[[Category:End-user license agreements]]
[[Category:Incidents]]
[[Category:Nintendo]]

Category:Common terms

2025-09-22T19:54:44Z

Tag365:

This category contains articles and categories with relation to common terminology used on the {{SITENAME}}.

[[Category:Wiki root]]

Category:Forced arbitration

2025-09-22T19:54:19Z

Tag365:

This category contains articles with relation to [[Forced Arbitration]].

[[Category:Incidents]]

Forced arbitration

2025-09-22T19:53:48Z

Tag365: /* References */

'''[[wikipedia:Arbitration|Forced arbitration]]''' is a practice in which businesses can require their customers to resolve disputes through arbitration, instead of a traditional court system. Per Wikipedia: "Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision."

==How it works==
Businesses will typically add an arbitration clause to their [[Terms of Service]] or Terms of Use. This clause generally outlines how disputes are handled between the consumer and the business. A good example of a typical arbitration clause can be found in [[Instagram]]'s Terms of Use, which, as of January 6, 2025, is under Section 7.4 - How We Will Handle Disputes:<ref name=":0">{{Cite web |title=Terms of Use |url=https://help.instagram.com/581066165581870/ |url-status=live |access-date=4 May 2025 |website=[[Instagram]]}}</ref><blockquote>"Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or Instagram ("claim(s)") must be resolved by arbitration on an individual basis. [[Class action|Class actions]] and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Instagram users."</blockquote>Currently, in the United States, arbitration clauses such as this one are legal under the [[Federal Arbitration Act]] (FAA).<ref name=":2">{{Cite web |date=30 Jul 1947 |title=TITLE 9—ARBITRATION |url=https://www.govinfo.gov/content/pkg/USCODE-2019-title9/html/USCODE-2019-title9.htm |url-status=live |access-date=4 May 2025 |website=www.govinfo.gov}}</ref> Efforts have been made, however, to prohibit forced arbitration, most notably the [[Forced Arbitration Injustice Repeal]] (FAIR) Act of 2023.<ref>{{Cite web |date=27 Apr 2023 |title=S.1376 - Forced Arbitration Injustice Repeal Act |url=https://www.congress.gov/bill/118th-congress/senate-bill/1376 |url-status=live |access-date=4 May 2025 |website=www.congress.gov}}</ref>

The [[wikipedia:United_Nations|United Nations]] has published a guideline for consumer protections in 2016, which lists the following under IV 11(c):<ref>{{Cite web |date=2016 |title=United Nations Guidelines for Consumer Protection |url=https://unctad.org/system/files/official-document/ditccplpmisc2016d1_en.pdf |url-status=live |access-date=4 May 2025 |website=unctad.org}}</ref><blockquote>"Businesses should provide complete, accurate and not misleading information regarding the goods and services, terms, conditions, applicable fees and final costs to enable consumers to take informed decisions. Businesses should ensure easy access to this information, especially to the key terms and conditions"</blockquote>

==Why it is a problem==

===Revocation of rights===
The practice of forced arbitration is one that is designed to revoke the rights of the consumer. In this case, the consumer's right to sue or participate in a [[class action]] against a business. Instead, the consumer must work with an arbiter of the businesses' choosing behind closed doors to resolve claims, which is widely believed to result in biased outcomes.

====Bypassing of constitutional rights====
Due to the out of place nature of arbitration, various rights granted by the US constitution and its amendments are entirely bypassed.<ref>{{Cite news |last=Zanville |first=Stuart |date=Sep 1, 2015 |title=Forced Arbitration |url=https://www.advocatemagazine.com/article/2015-september/forced-arbitration |url-status=live |archive-url=https://web.archive.org/web/20200921050552/https://www.advocatemagazine.com/article/2015-september/forced-arbitration |archive-date=Sep 21, 2020 |access-date=Mar 5, 2025 |work=Advocate Magazine}}</ref><ref>{{Cite web |last=J. Mann |first=Kimberly |date=1997 |title=Constitutional Challenges to Court-Ordered Arbitration |url=https://ir.law.fsu.edu/cgi/viewcontent.cgi?article=1454&context=lr |url-status=live |access-date=4 May 2025 |website=ir.law.fsu.edu}}</ref><ref>Brunet, Edward, Arbitration and Constitutional Rights (June 24, 1992). North Carolina Law Review, Vol. 71, pp. 81-120, 1992, Available at SSRN: https://ssrn.com/abstract=2284464</ref>

The 7th amendment,<ref>{{Cite web |title=Constitution of the United States Seventh Amendment |url=https://constitution.congress.gov/constitution/amendment-7/ |url-status=live |access-date=4 May 2025 |website=constitution.congress.gov}}</ref> also known as the right to a trial by jury, is bypassed via forced arbitration. Additionally, the 6th amendment,<ref>{{Cite web |title=Constitution of the United States Sixth Amendment |url=https://constitution.congress.gov/constitution/amendment-6/ |url-status=live |access-date=4 May 2025 |website=constitution.congress.gov}}</ref> also known as the right to a speedy trial, is also bypassed by arbitration since arbitrated cases can take excessively longer than traditional public trials,<ref>{{Cite web |date=12 Sep 2024 |title=How Long Does Arbitration Take? A Closer Look |url=https://adrtimes.com/how-long-does-arbitration-take/ |url-status=live |access-date=4 May 2025 |website=adrtimes.com}}</ref> especially when lawsuits that could have been filed under class action, end up being broken up into hundreds of individually arbitrated cases, such as what has happened with ''Bucher Law PLLC Vs. Valve Inc.''<ref>{{Cite web |last=Bucher |first=Will |title=Steam Case Explained |url=https://www.bucherlawfirm.com/steam-case-explained |url-status=live |access-date=4 May 2025 |website=BUCHER LAW PLLC}}
</ref>

===Inconvenient opt-out procedure===
Arbitration is often made inconvenient for users to opt-out of. Instead of giving users the option to do so at sign-up digitally, most businesses will require users to send a handwritten letter within 30 days of their sign-up to opt-out of arbitration. This type of opt-out clause can also be seen in Instagram's Terms of Use:<ref name=":0" /><blockquote>"You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your Instagram account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here:" [Address redacted]</blockquote>

This practice is similar to how gyms will often require members to travel to their location or send snail mail to cancel a membership, while an online system could easily be put in its place.

===Conflict of interest===
Companies track performance of arbitrators over time, and as such, are able to pick arbitrators that lean towards the industry rather than the consumer.<ref>{{Cite web |last=Seru |first=Amit |date=Feb 2023 |title=Tipping the scales: Balancing consumer arbitration cases. |url=https://siepr.stanford.edu/publications/policy-brief/tipping-scales-balancing-consumer-arbitration-cases |url-status=live |access-date=4 May 2025 |website=Stanford Institute for Economic Policy Research}}</ref> While both the consumer and company theoretically have some control over the selection of the arbitrator, the company generally has an information advantage in the selection process. Furthermore, individual arbitrators have a long-term financial incentive to bias their rulings in favor of corporations, as the corporation is much more likely to become a "repeat customer" than the consumer. In extreme cases, entire arbitration firms may have a material conflict of interest.<ref>{{Cite web |date=20 Jul 2009 |title=NAF Announcement — Out of Consumer Arbitration |url=http://indisputably.org/2009/07/naf-announcement-out-of-consumer-arbitration/ |url-status=live |access-date=4 May 2025 |website=indisputably.org}}</ref>

==Examples==
Some examples of arbitration clauses in terms and conditions include:

*Instagram Terms of Use - Section 7.4 - How We Will Handle Disputes<ref name=":0" />
*Itch.io Terms of Service Section 15. Class Action Waiver<ref name=":1">{{Cite web |date=2023-04-15 |title=itch.io Terms of Service |url=https://itch.io/docs/legal/terms |website=Itch.io}}</ref> does not force arbitration, but still seeks to revoke rights to participate in class action or collective arbitration proceedings.
*Powell's Books - Has forced arbitration clause in their Term of Use.<ref>{{Cite web |date=2025-05-30 |title=Terms of Use {{!}} Powell's Books |url=https://www.powells.com/info/terms-of-use |url-status=live |archive-url=https://web.archive.org/web/20250528215842/https://www.powells.com/info/terms-of-use |archive-date=2025-05-28 |access-date=2025-05-30 |website=Powell's Books}}</ref>
*Section 13.1. Binding arbitration agreement and class action waiver, of [[Protonmail|Proton]]'s Terms of Service, says " Please read this section and the class action waiver section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. It contains procedures for mandatory binding arbitration and a class action waiver."<ref>{{Cite web |date=21 Jan 2025 |title=Terms of Service |url=https://proton.me/legal/terms |url-status=live |archive-url=https://web.archive.org/web/20250310210512/https://proton.me/nl/legal/terms |archive-date=10 Mar 2025 |access-date=4 May 2025 |website=Proton}}</ref>
*[[Sony]] PlayStation Network Terms of Service - Section 14 - Binding Individual Arbitration<ref>{{Cite web |title=PLAYSTATION NETWORK TERMS OF SERVICE AND USER AGREEMENT |url=https://www.playstation.com/en-us/legal/psn-terms-of-service/ |archive-url=https://web.archive.org/web/20241216114722/https://www.playstation.com/en-us/legal/psn-terms-of-service/ |archive-date=16 Dec 2024 |access-date=4 May 2025 |website=[[PlayStation]]}}</ref>
*[[Spotify]]'s End User Agreement, since 2015, contains a Mandatory Arbitration Agreement and Class Action Waiver<ref>{{Cite web | title=Spotify Terms of Use |url=https://www.spotify.com/us/legal/end-user-agreement/ |archive-url=https://web.archive.org/web/20250901121247/https://www.spotify.com/us/legal/end-user-agreement/#6-problems-and-disputes |archive-date=1 Sep 2025 |access-date=5 Sep 2025 |website=[[Spotify]]}}</ref>
*[[Ticketmaster]] Terms of Use - Section 17 - Mandatory Arbitration Agreement and Class Action Waiver<ref>{{Cite web |title=Mandatory Arbitration Agreement and Class Action Waiver |url=https://help.ticketmaster.com/hc/en-us/articles/10468830739345-Terms-of-Use |archive-url=https://web.archive.org/web/20250105150022/https://help.ticketmaster.com/hc/en-us/articles/10468830739345-Terms-of-Use#section17 |archive-date=5 Jan 2025 |access-date=4 May 2025 |website=[[Ticketmaster]]}}</ref>
*Western Digital - Has a forced-arbitration clause in the warranty for a ST500DM002-1BD142 hard drive. Clause 1, section "C". (And possibly other products.) <ref>{{Cite web |title=Warranty {{!}} Western Digital |url=https://consumerrights.wiki/File:WD-HDD-Warranty.pdf}}</ref>
*Yahoo Terms of Service - Section 14.2.b "'''BINDING ARBITRATION AGREEMENT'''" <ref>{{Cite web |title=Yahoo Terms of Service {{!}} Yahoo |url=https://legal.yahoo.com/us/en/yahoo/terms/otos/index.html |url-status=live |archive-url=https://web.archive.org/web/20250315082242/https://legal.yahoo.com/us/en/yahoo/terms/otos/index.html |archive-date=2025-03-15 |access-date=2025-03-15 |website=Yahoo}}</ref>
*Zenimax Media (Bethesda) has an arbitration agreement that can only be opted out of within 30 days, ''by mail''.<ref>{{Cite web |title=ZeniMax Terms of Service |url=https://www.zenimax.com/en/legal/terms-of-service |access-date=2025-05-31 |website=ZeniMax Media}}</ref>
*Section 27.1 of [[Zoom]]'s Terms of Service, says: "You and Zoom agree that any dispute or claim between you and Zoom arising out of or relating to this Agreement or the Services (a “Dispute”), including any related software, hardware, integrations, advertising or marketing communications, your account, or any aspects of your relationship or transactions with Zoom, will be resolved by binding arbitration, rather than in court."<ref>{{Cite web |date=11 Aug 2023 |title=Zoom Terms of Service |url=https://www.zoom.com/it/trust/terms/?cms_guid=false&lang=null |url-status=live |access-date=4 May 2025 |website=[[Zoom]]}}</ref>
*[[Roku]], in March of 2024, prompted a pop-up on its devices for the tv owners to accept [[Roku#Post-Purchase EULA Modification (Mar. 2024)|new terms of use]], which included preventing "mass arbitration" from multiple plantiffs, before being able to use their devices. Opting out can be done by mail, but only after accepting the agreement shown on the TV.[https://www.consumerreports.org/electronics-computers/tvs/why-is-roku-disabling-tvs-a1111833568/]
*As of 2025-08-22, Indeed Terms of Service - Section D: General Terms for All Users - 12. Arbitration Agreement<ref>{{Cite web |title=Terms of Service |url=https://www.indeed.com/legal#d12 |url-status=live |archive-url=https://web.archive.org/web/20250825081104/https://www.indeed.com/legal#d12 |archive-date=2025-08-25 |access-date=2025-09-02 |website=[[Indeed]]}}</ref>

==References==
{{reflist}}
[[Category:Anti-Consumer Practices]]
[[Category:Common terms]]
[[Category:Rights Stripping]]

Microsoft

2025-01-19T04:28:02Z

Tag365: /* Microsoft account dark patterns when installing Windows */

{{incomplete}}
{{ToneWarning}}
----

Microsoft is a large American technology company founded in 1975 by Bill Gates and Paul Allen. Initially focused on developing BASIC interpreters, the company rose to prominence through its MS-DOS and Windows operating systems, which became fundamental to the personal computer revolution. Under successive CEOs Steve Ballmer and Satya Nadella, Microsoft expanded beyond operating systems into diverse technology sectors, including cloud computing, gaming, and hardware. Notable acquisitions include Skype, LinkedIn, and GitHub. Microsoft's recent aquisition of Activision Blizzard for $68.7 billion made it the third-largest gaming company globally.

As one of the Big Five American tech companies, Microsoft maintains market dominance in PC operating systems and office software, while offering a wide range of products and services including the Azure cloud platform, Xbox gaming consoles, Surface computers, and enterprise solutions. The company has faced criticism for monopolistic practices and software security issues.
== Controversies ==

=== Court cases up to the early 2000s ===
In the major antitrust case brought by the US Department of Justice, U.S. v. Microsoft Corp., 253 F.3d 34 (D.C. Cir. 2001)<ref>https://law.justia.com/cases/federal/appellate-courts/F3/253/34/576095/</ref>, Microsoft argued that there was no barrier to entry in the market they were in. A central issue at that time was whether Microsoft could bundle the web browser Internet Explorer with the Microsoft Windows operating system. The District Court stated the following in the court case: "The District Court condemned a number of provisions in Microsoft's agreements licensing Windows to OEMs, because it found that Microsoft's imposition of those provisions (like many of Microsoft's other actions at issue in this case) serves to reduce usage share of Netscape's browser and, hence, protect Microsoft's operating system monopoly."

The court specifically identified three main license restrictions for Original Equipment Manufacturers (OEMs) that were considered problematic:

# the prohibition upon the removal of desktop icons, folders, and Start menu entries
# the prohibition for modifying the initial boot sequence
# the prohibition of otherwise altering the appearance of the Windows desktop

The case was eventually settled<ref>https://www.justice.gov/atr/case-document/file/503541/dl</ref><ref>https://law.justia.com/cases/federal/appellate-courts/F3/373/1199/474311/</ref>, and did not result in a company breakup<ref>https://www.seattletimes.com/business/microsoft/long-antitrust-saga-ends-for-microsoft/</ref>.

Section III.H of the Consent Decree<ref>https://www.justice.gov/atr/microsoft-consent-decree-compliance-advisory-august-1-2003-us-v-microsoft</ref> required Microsoft to "allow end users and OEMs to enable or remove access to all middleware products, including web browsers, e-mail clients, and media players through a readily accessible, centralized mechanism". End users and OEMs should be able "to specify a non-Microsoft middleware product as the default middleware product to be launched in place of the corresponding Microsoft middleware product".

In the case United States v. Microsoft Corp., 87 F. Supp. 2d 30 (D.D.C. 2000)<ref>https://law.justia.com/cases/federal/district-courts/FSupp2/87/30/2307082/</ref>, Microsoft's Conduct taken as a whole is described as "deliberate assault upon entrepreneurial efforts that, could well have enabled the introduction of competition into the market for Intel-compatible PC operating systems". Further, "Microsoft's anticompetitive actions trammeled the competitive process through which the computer software industry generally stimulates innovation and conduces to the optimum benefit of consumers".

=== Windows===
==== Forced Updates ====
Beginning with Windows 10, updates were no longer able to be selectively chosen by the end user, instead updates are automatically scheduled when your computer is inactive, or before the system is shut down.<ref>https://www.crn.com/news/applications-os/300077576/did-microsoft-just-backtrack-on-forced-updates-for-windows-10</ref> This has also led to some systems being rendered unusable due to bugged updates that cannot be avoided<ref>https://www.tomsguide.com/news/windows-10-update-is-bricking-pcs-uninstall-this-right-now</ref><ref>https://answers.microsoft.com/en-us/windows/forum/all/windows-update-bricked-my-bios-thought-to-be/a1f0ebc7-d20d-459f-9956-72a3f98ca432</ref>. Some users have resorted to disabling updates in Window's registry editor<ref>https://www.minitool.com/backup-tips/how-to-stop-win10-update.html</ref>, while accomplishing its goal, it does have the caveat of not being to receive security updates, which can make those systems vulnerable to attack.

==== Resetting preferences/settings during updates ====
During some Windows updates, the preferences users have set on applications that they have installed will end up being factory reset<ref>https://www.reddit.com/r/Windows10/comments/n1hoz0/windows_please_stop_changing_my_settings_with/</ref><ref>https://answers.microsoft.com/en-us/windows/forum/all/windows-10-updated-and-reset-all-of-my-settings/529ffb03-edd4-4be2-9412-50e3271fa8fe</ref><ref>https://www.minitool.com/news/windows-settings-are-reset-after-reboot.html</ref>. Users have reported this to go so far as resetting permissions for apps<ref name=":1">https://answers.microsoft.com/en-us/windows/forum/all/windows-10-update-reset-my-computer-settings/e58bcee8-f4c9-40ef-a452-1dc5db7c45d9</ref><ref>https://www.reddit.com/r/Windows10/comments/y0ksm0/why_are_my_settings_changed_after_every_update/</ref><ref>https://answers.microsoft.com/en-us/windows/forum/all/why-do-updates-remove-personalization-settings/0f1badb2-7486-4d31-b687-39913795aa8f</ref>, which can be extremely risky for insecure software. 

=== Edge===
Microsoft Edge is a Chromium-based web browser that comes preinstalled with any version of Windows from Win 10 and later. It is the successor to Internet Explorer.
{| class="wikitable"
|+
!Controversy
!Year started - Year Ended
!Background Info
!Aftermath
!Related Article
|-
|Inability to delete
|2018 - N/A
|During major updates for Windows, users have been reporting their installations of Edge being reinstalled to their devices without their consent.<ref>https://www.windowscentral.com/how-prevent-microsoft-edge-chromium-installing-automatically-windows-10</ref>
|No change
|
|-
|Importing content from other browsers without consent
|2020 - ?
|Users have reported on frequent occasions that Edge has imported user data from browsers such as Chrome and Firefox without first requesting consent from the user.<ref>https://www.komando.com/news/microsoft-edge-caught-importing-data/</ref> 
|Unknown if it still occurs
|
|-
|Resetting primary browser
|2017 - N/A
|Windows has frequently been resetting the default browser to Edge<ref>https://answers.microsoft.com/en-us/windows/forum/all/default-browser-keeps-changing-to-edge/25e2939d-4674-40ab-b05a-6161e2297976</ref>, despite going against user requests<ref name=":1" />. While there are methods to disable this<ref>https://www.reddit.com/r/techsupport/comments/15zbjar/default_browser_keeps_changing_to_microsoft_edge/</ref>, it is tedious to achieve, especially for non-technically inclined users.
|Continues to happen
|
|}

=== Windows 11 ===

==== TPM 2.0 Chip Requirements ====
While being something that can be reasonably circumvented<ref>https://www.starwindsoftware.com/blog/bypass-tpm-and-install-windows-11-on-unsupported-hardware/</ref>, Microsoft's decision to attempt to lock-down Windows 11 to computers with Trusted Platform Module 2.0 chips (TPMs) has forced the hands of both consumers and companies alike to dispose of hardware that would otherwise be perfectly acceptable to use<ref>https://securityonline.info/windows-11s-tpm-2-0-free-software-foundation-fights-forced-upgrades-and-e-waste/</ref>. This has also included Windows 10 users to be frequently reminded by Microsoft to upgrade their hardware to Windows 11<ref>https://www.pcmag.com/news/microsoft-revives-pop-ups-in-windows-10-to-push-windows-11-upgrades</ref><ref>https://www.techradar.com/computing/windows/microsoft-embarrasses-itself-with-windows-10-pop-up-that-hogs-the-desktop-urging-an-upgrade-to-windows-11-then-promptly-crashes</ref>, which has caused many users frequent agitation<ref>https://www.reddit.com/r/microsoft/comments/19dvs9k/any_way_to_disable_the_upgrade_to_windows_11_ads/</ref>.

==== Recall ====
During 2024, Microsoft unveiled Recall<ref name=":0">https://www.techradar.com/computing/windows/microsoft-reveals-ai-powered-recall-feature-to-transform-windows-11s-searchability-while-confirming-hardware-requirements</ref>, marketed as a way to search through what you have done on your computer. This sparked controversy<ref>https://www.techradar.com/computing/windows/microsofts-controversial-recall-feature-for-windows-11-could-already-be-in-legal-hot-water</ref>, especially among security experts<ref>https://www.techtarget.com/searchenterpriseai/feature/Privacy-and-security-risks-surrounding-Microsoft-Recall</ref> who worried about the security of screenshots<ref>https://news.sky.com/story/microsoft-ai-feature-investigated-by-uk-watchdog-over-screenshots-13141171</ref>, since it could easily document private information like Social Security Numbers, bank account information, and passwords, as well as user browsing behavior. There is also a python script called "TotalRecall"<ref>https://github.com/xaitax/TotalRecall</ref> that collects the screenshots and descriptions of them proving the danger of Recall<ref name=":0" />. This feature was delayed after backlash<ref>https://www.malwarebytes.com/blog/news/2024/06/microsoft-recall-delayed-after-privacy-and-security-concerns</ref>.

=== Microsoft account dark patterns when installing Windows===
[[File:MSInstall.png|thumb|An image of a Windows 10 installation, to illustrate the effort required to make an account unattached to a Microsoft account.]]
Numerous [[Dark Pattern|dark patterns]] have been implemented in the form of vague language and a confusing user interface which hides the option to create an account without a Microsoft account under sub-menus and small text. The dark patterns in the Windows installation menu have been in place since Windows 10 was launched in 2015 and continue into the Windows 11 installation process.

=== De-listing/destruction of access to games ===
In early September of 2016, Microsoft shut down access to purchasing Xbox 360 Indie Games <ref>https://www.polygon.com/2015/9/9/9297959/xbox-live-indie-games-shutting-down</ref>, and in late July of 2024, Microsoft shut down their storefront for Xbox 360 games<ref>https://news.xbox.com/en-us/2023/08/17/xbox-360-store-will-close-july-2024/</ref>. These shutdowns have caused hundreds of games to become impossible to obtain new copies of and for some, additionally play.

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

Microsoft

2025-01-19T04:27:16Z

Tag365: /* Microsoft account dark patterns when installing Windows */

{{incomplete}}
{{ToneWarning}}
----

Microsoft is a large American technology company founded in 1975 by Bill Gates and Paul Allen. Initially focused on developing BASIC interpreters, the company rose to prominence through its MS-DOS and Windows operating systems, which became fundamental to the personal computer revolution. Under successive CEOs Steve Ballmer and Satya Nadella, Microsoft expanded beyond operating systems into diverse technology sectors, including cloud computing, gaming, and hardware. Notable acquisitions include Skype, LinkedIn, and GitHub. Microsoft's recent aquisition of Activision Blizzard for $68.7 billion made it the third-largest gaming company globally.

As one of the Big Five American tech companies, Microsoft maintains market dominance in PC operating systems and office software, while offering a wide range of products and services including the Azure cloud platform, Xbox gaming consoles, Surface computers, and enterprise solutions. The company has faced criticism for monopolistic practices and software security issues.
== Controversies ==

=== Court cases up to the early 2000s ===
In the major antitrust case brought by the US Department of Justice, U.S. v. Microsoft Corp., 253 F.3d 34 (D.C. Cir. 2001)<ref>https://law.justia.com/cases/federal/appellate-courts/F3/253/34/576095/</ref>, Microsoft argued that there was no barrier to entry in the market they were in. A central issue at that time was whether Microsoft could bundle the web browser Internet Explorer with the Microsoft Windows operating system. The District Court stated the following in the court case: "The District Court condemned a number of provisions in Microsoft's agreements licensing Windows to OEMs, because it found that Microsoft's imposition of those provisions (like many of Microsoft's other actions at issue in this case) serves to reduce usage share of Netscape's browser and, hence, protect Microsoft's operating system monopoly."

The court specifically identified three main license restrictions for Original Equipment Manufacturers (OEMs) that were considered problematic:

# the prohibition upon the removal of desktop icons, folders, and Start menu entries
# the prohibition for modifying the initial boot sequence
# the prohibition of otherwise altering the appearance of the Windows desktop

The case was eventually settled<ref>https://www.justice.gov/atr/case-document/file/503541/dl</ref><ref>https://law.justia.com/cases/federal/appellate-courts/F3/373/1199/474311/</ref>, and did not result in a company breakup<ref>https://www.seattletimes.com/business/microsoft/long-antitrust-saga-ends-for-microsoft/</ref>.

Section III.H of the Consent Decree<ref>https://www.justice.gov/atr/microsoft-consent-decree-compliance-advisory-august-1-2003-us-v-microsoft</ref> required Microsoft to "allow end users and OEMs to enable or remove access to all middleware products, including web browsers, e-mail clients, and media players through a readily accessible, centralized mechanism". End users and OEMs should be able "to specify a non-Microsoft middleware product as the default middleware product to be launched in place of the corresponding Microsoft middleware product".

In the case United States v. Microsoft Corp., 87 F. Supp. 2d 30 (D.D.C. 2000)<ref>https://law.justia.com/cases/federal/district-courts/FSupp2/87/30/2307082/</ref>, Microsoft's Conduct taken as a whole is described as "deliberate assault upon entrepreneurial efforts that, could well have enabled the introduction of competition into the market for Intel-compatible PC operating systems". Further, "Microsoft's anticompetitive actions trammeled the competitive process through which the computer software industry generally stimulates innovation and conduces to the optimum benefit of consumers".

=== Windows===
==== Forced Updates ====
Beginning with Windows 10, updates were no longer able to be selectively chosen by the end user, instead updates are automatically scheduled when your computer is inactive, or before the system is shut down.<ref>https://www.crn.com/news/applications-os/300077576/did-microsoft-just-backtrack-on-forced-updates-for-windows-10</ref> This has also led to some systems being rendered unusable due to bugged updates that cannot be avoided<ref>https://www.tomsguide.com/news/windows-10-update-is-bricking-pcs-uninstall-this-right-now</ref><ref>https://answers.microsoft.com/en-us/windows/forum/all/windows-update-bricked-my-bios-thought-to-be/a1f0ebc7-d20d-459f-9956-72a3f98ca432</ref>. Some users have resorted to disabling updates in Window's registry editor<ref>https://www.minitool.com/backup-tips/how-to-stop-win10-update.html</ref>, while accomplishing its goal, it does have the caveat of not being to receive security updates, which can make those systems vulnerable to attack.

==== Resetting preferences/settings during updates ====
During some Windows updates, the preferences users have set on applications that they have installed will end up being factory reset<ref>https://www.reddit.com/r/Windows10/comments/n1hoz0/windows_please_stop_changing_my_settings_with/</ref><ref>https://answers.microsoft.com/en-us/windows/forum/all/windows-10-updated-and-reset-all-of-my-settings/529ffb03-edd4-4be2-9412-50e3271fa8fe</ref><ref>https://www.minitool.com/news/windows-settings-are-reset-after-reboot.html</ref>. Users have reported this to go so far as resetting permissions for apps<ref name=":1">https://answers.microsoft.com/en-us/windows/forum/all/windows-10-update-reset-my-computer-settings/e58bcee8-f4c9-40ef-a452-1dc5db7c45d9</ref><ref>https://www.reddit.com/r/Windows10/comments/y0ksm0/why_are_my_settings_changed_after_every_update/</ref><ref>https://answers.microsoft.com/en-us/windows/forum/all/why-do-updates-remove-personalization-settings/0f1badb2-7486-4d31-b687-39913795aa8f</ref>, which can be extremely risky for insecure software. 

=== Edge===
Microsoft Edge is a Chromium-based web browser that comes preinstalled with any version of Windows from Win 10 and later. It is the successor to Internet Explorer.
{| class="wikitable"
|+
!Controversy
!Year started - Year Ended
!Background Info
!Aftermath
!Related Article
|-
|Inability to delete
|2018 - N/A
|During major updates for Windows, users have been reporting their installations of Edge being reinstalled to their devices without their consent.<ref>https://www.windowscentral.com/how-prevent-microsoft-edge-chromium-installing-automatically-windows-10</ref>
|No change
|
|-
|Importing content from other browsers without consent
|2020 - ?
|Users have reported on frequent occasions that Edge has imported user data from browsers such as Chrome and Firefox without first requesting consent from the user.<ref>https://www.komando.com/news/microsoft-edge-caught-importing-data/</ref> 
|Unknown if it still occurs
|
|-
|Resetting primary browser
|2017 - N/A
|Windows has frequently been resetting the default browser to Edge<ref>https://answers.microsoft.com/en-us/windows/forum/all/default-browser-keeps-changing-to-edge/25e2939d-4674-40ab-b05a-6161e2297976</ref>, despite going against user requests<ref name=":1" />. While there are methods to disable this<ref>https://www.reddit.com/r/techsupport/comments/15zbjar/default_browser_keeps_changing_to_microsoft_edge/</ref>, it is tedious to achieve, especially for non-technically inclined users.
|Continues to happen
|
|}

=== Windows 11 ===

==== TPM 2.0 Chip Requirements ====
While being something that can be reasonably circumvented<ref>https://www.starwindsoftware.com/blog/bypass-tpm-and-install-windows-11-on-unsupported-hardware/</ref>, Microsoft's decision to attempt to lock-down Windows 11 to computers with Trusted Platform Module 2.0 chips (TPMs) has forced the hands of both consumers and companies alike to dispose of hardware that would otherwise be perfectly acceptable to use<ref>https://securityonline.info/windows-11s-tpm-2-0-free-software-foundation-fights-forced-upgrades-and-e-waste/</ref>. This has also included Windows 10 users to be frequently reminded by Microsoft to upgrade their hardware to Windows 11<ref>https://www.pcmag.com/news/microsoft-revives-pop-ups-in-windows-10-to-push-windows-11-upgrades</ref><ref>https://www.techradar.com/computing/windows/microsoft-embarrasses-itself-with-windows-10-pop-up-that-hogs-the-desktop-urging-an-upgrade-to-windows-11-then-promptly-crashes</ref>, which has caused many users frequent agitation<ref>https://www.reddit.com/r/microsoft/comments/19dvs9k/any_way_to_disable_the_upgrade_to_windows_11_ads/</ref>.

==== Recall ====
During 2024, Microsoft unveiled Recall<ref name=":0">https://www.techradar.com/computing/windows/microsoft-reveals-ai-powered-recall-feature-to-transform-windows-11s-searchability-while-confirming-hardware-requirements</ref>, marketed as a way to search through what you have done on your computer. This sparked controversy<ref>https://www.techradar.com/computing/windows/microsofts-controversial-recall-feature-for-windows-11-could-already-be-in-legal-hot-water</ref>, especially among security experts<ref>https://www.techtarget.com/searchenterpriseai/feature/Privacy-and-security-risks-surrounding-Microsoft-Recall</ref> who worried about the security of screenshots<ref>https://news.sky.com/story/microsoft-ai-feature-investigated-by-uk-watchdog-over-screenshots-13141171</ref>, since it could easily document private information like Social Security Numbers, bank account information, and passwords, as well as user browsing behavior. There is also a python script called "TotalRecall"<ref>https://github.com/xaitax/TotalRecall</ref> that collects the screenshots and descriptions of them proving the danger of Recall<ref name=":0" />. This feature was delayed after backlash<ref>https://www.malwarebytes.com/blog/news/2024/06/microsoft-recall-delayed-after-privacy-and-security-concerns</ref>.

=== Microsoft account dark patterns when installing Windows===
[[File:MSInstall.png|thumb|An image of a Windows 10 installation, to illustrate the effort required to make an account unattached to a Microsoft account.]]
Numerous [[Dark pattern|dark patterns]] have been implemented in the form of vague language and a confusing user interface which hides the option to create an account without a Microsoft account under sub-menus and small text. The dark patterns in the Windows installation menu have been in place since Windows 10 was launched in 2015 and continue into the Windows 11 installation process.

=== De-listing/destruction of access to games ===
In early September of 2016, Microsoft shut down access to purchasing Xbox 360 Indie Games <ref>https://www.polygon.com/2015/9/9/9297959/xbox-live-indie-games-shutting-down</ref>, and in late July of 2024, Microsoft shut down their storefront for Xbox 360 games<ref>https://news.xbox.com/en-us/2023/08/17/xbox-360-store-will-close-july-2024/</ref>. These shutdowns have caused hundreds of games to become impossible to obtain new copies of and for some, additionally play.

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

User talk:Tag365

2025-01-19T04:23:32Z

Tag365:

Hey, thanks for the note thoughtfull note on the template! Should be fixed now. -[[User:Kostas|Kostas]] [[User_talk:Kostas|(talk)]]
:Any other templates you've adjusted with the new knowledge? The MediaWiki website has more information where that came from. [[User:Tag365|Tag365]] ([[User talk:Tag365|talk]]) 04:23, 19 January 2025 (UTC)

Category:Discontinued subscription services

2025-01-17T00:25:07Z

Tag365: Created page with "This category includes all pages and categories about controversies related to discontinued paid subscription services."

This category includes all pages and categories about controversies related to discontinued paid subscription services.

Category:Incidents

2025-01-17T00:24:19Z

Tag365:

This category includes all pages and categories about incidents.

Microsoft

2025-01-17T00:21:07Z

Tag365: /* Controversies */ If Nintendo can't get away with this, Microsoft should also be called out on this.

{{incomplete}}
----

Microsoft had stated that Windows 10 would be the last Windows version, but now they are forcing users into Windows 11 by discontinuing free official support for Windows 10 starting on October 14, 2025,<ref>https://www.microsoft.com/en-us/windows/end-of-support</ref> which is widely regarded as a significantly inferior operating system. Windows 11 also adds new requirements for the installation, including a Microsoft account, TPM (trusted platform module), and more.<ref>https://www.microsoft.com/en-us/windows/windows-10-specifications</ref><ref>https://support.microsoft.com/en-us/windows/windows-11-system-requirements-86c11283-ea52-4782-9efd-7674389a7ba3</ref> PCs made before a couple of years ago (when it was promised that Windows 10 would be the last version) do not have this hardware. It is notable that most of these restrictions can be bypassed. New Windows 11 builds are now shipping with Microsoft Copilot which is a pre-installed opt-out AI program.<ref>https://www.microsoft.com/en-us/windows/windows-11</ref>

== Controversies ==

=== Court cases up to the early 2000s ===
In the major antitrust case brought by the US Department of Justice, U.S. v. Microsoft Corp., 253 F.3d 34 (D.C. Cir. 2001)<ref>https://law.justia.com/cases/federal/appellate-courts/F3/253/34/576095/</ref>, Microsoft argued that there was no barrier to entry in the market they were in. A central issue at that time was whether Microsoft could bundle the web browser Internet Explorer with the Microsoft Windows operating system. The following was said in the court case: "The District Court condemned a number of provisions in Microsoft's agreements licensing Windows to OEMs, because it found that Microsoft's imposition of those provisions (like many of Microsoft's other actions at issue in this case) serves to reduce usage share of Netscape's browser and, hence, protect Microsoft's operating system monopoly."

The court specifically identified three main license restrictions for Original Equipment Manufacturers (OEMs) that were considered problematic:

# the prohibition upon the removal of desktop icons, folders, and Start menu entries
# the prohibition for modifying the initial boot sequence
# the prohibition of otherwise altering the appearance of the Windows desktop

The case was eventually settled<ref>https://www.justice.gov/atr/case-document/file/503541/dl</ref><ref>https://law.justia.com/cases/federal/appellate-courts/F3/373/1199/474311/</ref>, and did not result in a company breakup<ref>https://www.seattletimes.com/business/microsoft/long-antitrust-saga-ends-for-microsoft/</ref>.

Section III.H of the Consent Decree<ref>https://www.justice.gov/atr/microsoft-consent-decree-compliance-advisory-august-1-2003-us-v-microsoft</ref> required Microsoft to "allow end users and OEMs to enable or remove access to all middleware products, including web browsers, e-mail clients, and media players through a readily accessible, centralized mechanism". End users and OEMs should be able "to specify a non-Microsoft middleware product as the default middleware product to be launched in place of the corresponding Microsoft middleware product".

In the case United States v. Microsoft Corp., 87 F. Supp. 2d 30 (D.D.C. 2000)<ref>https://law.justia.com/cases/federal/district-courts/FSupp2/87/30/2307082/</ref>, Microsoft's Conduct taken as a whole is described as "deliberate assault upon entrepreneurial efforts that, could well have enabled the introduction of competition into the market for Intel-compatible PC operating systems". Further, "Microsoft's anticompetitive actions trammeled the competitive process through which the computer software industry generally stimulates innovation and conduces to the optimum benefit of consumers".

=== Windows 11 ===

==== TPM 2.0 Chip Requirements ====
While being something that can be reasonably circumvented<ref>https://www.starwindsoftware.com/blog/bypass-tpm-and-install-windows-11-on-unsupported-hardware/</ref>, Microsoft's decision to attempt to lock-down Windows 11 to computers with Trusted Platform Module 2.0 chips (TPMs) has forced the hands of both consumers and companies alike to dispose of hardware that would otherwise be perfectly acceptable to use<ref>https://securityonline.info/windows-11s-tpm-2-0-free-software-foundation-fights-forced-upgrades-and-e-waste/</ref>. This has also included Windows 10 users to be frequently reminded by Microsoft to upgrade their hardware to Windows 11<ref>https://www.pcmag.com/news/microsoft-revives-pop-ups-in-windows-10-to-push-windows-11-upgrades</ref><ref>https://www.techradar.com/computing/windows/microsoft-embarrasses-itself-with-windows-10-pop-up-that-hogs-the-desktop-urging-an-upgrade-to-windows-11-then-promptly-crashes</ref>, which has caused many users frequent agitation<ref>https://www.reddit.com/r/microsoft/comments/19dvs9k/any_way_to_disable_the_upgrade_to_windows_11_ads/</ref>.

==== Recall ====
During 2024, Microsoft unveiled Recall<ref>https://www.techradar.com/computing/windows/microsoft-reveals-ai-powered-recall-feature-to-transform-windows-11s-searchability-while-confirming-hardware-requirements</ref>, marketed as a way to search through what you have done on your computer. This, of course, sparked massive controversy<ref>https://www.techradar.com/computing/windows/microsofts-controversial-recall-feature-for-windows-11-could-already-be-in-legal-hot-water</ref>, especially among security experts<ref>https://www.techtarget.com/searchenterpriseai/feature/Privacy-and-security-risks-surrounding-Microsoft-Recall</ref> that worried about how secure the screenshots the tool takes are<ref>https://news.sky.com/story/microsoft-ai-feature-investigated-by-uk-watchdog-over-screenshots-13141171</ref>, since it could easily document private information like Social Security Numbers, bank account information, and passwords, among other things such as browsing behavior on more mature platforms. This feature was delayed after massive backlash<ref>https://www.malwarebytes.com/blog/news/2024/06/microsoft-recall-delayed-after-privacy-and-security-concerns</ref>, however, so long as users can jailbreak AI assistants, and bypass screenshot encryption, this feature remains not ideal for neither consumers nor businesses handling sensitive information.

==Anti-consumer Practices==
=== De-listing/destruction of access to games ===
In early September of 2016, Microsoft shut down access to purchasing Xbox 360 Indie Games <ref>https://www.polygon.com/2015/9/9/9297959/xbox-live-indie-games-shutting-down</ref>, and in late July of 2024, Microsoft shut down their storefront for Xbox 360 games<ref>https://news.xbox.com/en-us/2023/08/17/xbox-360-store-will-close-july-2024/</ref>. These shutdowns have caused hundreds of games to become impossible to obtain new copies of and for some, additionally play.

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

Nintendo

2025-01-17T00:15:27Z

Tag365: /* De-listing/destruction of access to games */

Nintendo is a multi-billion-dollar company established in Kyoto, Japan, and has multiple subdivisions outside of Japan. They are well-known for massive franchises, such as Super Mario, The Legend of Zelda, and Metroid. They are positioned as the last company to make software entirely exclusive to only their platforms, often to the detriment of their fans.

== Anti-consumer Practices ==

=== History against emulation ===
Nintendo is well-known for their extensive history of combating emulation, from them suing N64 emulator UltraHLE<ref>https://games.slashdot.org/story/99/02/12/0943207/nintendo-confirms-it-will-sue-ultrahle-creators</ref> in 1999, to more modern emulators, such as Nintendo Switch emulator Yuzu<ref>https://www.romanolaw.com/ninten-dont-breaking-down-the-yuzu-emulator-lawsuit/</ref> in 2024. Nintendo has also pressured for restrictions to access emulators, such as Dolphin's non-inclusion as a core<ref>https://dolphin-emu.org/blog/2023/07/20/what-happened-to-dolphin-on-steam/</ref> for the Steam version of Retroarch.

=== History against hardware modification ===
Nintendo in the past has sued the creation of hardware modifications, such as the Game Genie<ref>http://www.museumofintellectualproperty.org/features/game_genie.html</ref> and 10NES circumvention<ref>https://www.copyright.gov/fair-use/summaries/atari-nintendo-fedcir1992.pdf</ref>

=== De-listing/destruction of access to games ===
In late January of 2019, Nintendo shut down their first digital storefront, the Wii Shop Channel<ref>https://en-americas-support.nintendo.com/app/answers/detail/a_id/27560/~/wii-shop-channel-discontinuation</ref>, and subsequently on March 27, 2023 shut down the Wii U and 3DS eShops<ref>https://www.nintendo.com/au/support/articles/wii-u-and-nintendo-3ds-eshop-discontinuation/</ref>. These shutdowns have caused hundreds of games to become impossible to obtain new copies of and for some, additionally play, among these include Splatoon 1, Super Mario Maker, Pokémon Picross, and more<ref>https://www.videogameschronicle.com/features/analysis-digital-only-wii-u-3ds-games/</ref>. As of now, over 1,000 digitally-exclusive games can only be obtained via piracy, and a subset requires additional modification to run.

=== Nintendo Authorized Repair ===
Covered in Louis Rossmann video<ref>https://youtube.com/watch?v=UxKJn35DK8k</ref>, to be elaborated upon later

== References ==
<references />

Tesla asks customers to vote against Right to Repair

2025-01-17T00:10:47Z

Tag365: Added category.

{| class="wikitable"
|📝
|'''This article is under active development.'''
|-
| colspan="2" |
* Development started: January 2025
* Current stage: Writing
* Priority: Low
|-
| colspan="2" |''This article needs additional work to meet our quality standards. Please help improve it by [[Talk:Activision Blizzard Account Lock and Forced Arbitration|discussing changes]] or contributing improvements.''
|}

'''[[wikipedia:Tesla,_Inc.|Tesla, Inc.]]''' is an American multinational automotive and clean energy company. It designs, manufactures and sells battery electric vehicles (BEVs), stationary battery energy storage devices from home to grid-scale, solar panels and solar shingles, and related products and services.

[[Category:Right to repair incidents]]

Groupon

2025-01-17T00:09:30Z

Tag365: Added stub notice template.

John Deere dealerships lobby against right to repair

2025-01-17T00:08:28Z

Tag365: /* References */

The issue at hand for farmers is the difficulty to repair their own farming equipment. Farmers could not do much to diagnose the problem with their tractor, as they did not have access to the diagnostic software themselves, only a John Deere dealer - not an independent mechanic or the farmer<ref name=":0">https://www.npr.org/2021/05/26/1000400896/standoff-between-farmers-and-tractor-makers-intensifies-over-repair-issues</ref>.

The personal story of farmer Schweitzer<ref name=":0" /> highlights two more themes, besides not being able to do the repair themselves. The repair through the dealer takes a long time, a month for the repair in his case, and had high costs, nearly $5,000 to replace a fuel sensor in his case, which he says a local independent mechanic would have charged only a small fraction of that. It is not an option to wait this long, "Unfair repair restrictions can mean farmers face unnecessary delays during tight planting and harvest windows. For some, these delays can mean that months of hard work and much-needed income vanish, devastating their business."<ref>Statement of Chair Lina M. Khan In the Matter of Deere & Company

Commission File No. 2110191 January 15, 2025; https://www.ftc.gov/system/files/ftc_gov/pdf/deere-lina-khan-statement-final.pdf</ref>

Tractors and combines have gotten more computerized, which makes it difficult, or nearly impossible, for to diagnose without access to this software<ref>https://www.mainepublic.org/npr-news/2025-01-15/john-deere-faces-u-s-lawsuit-over-farmers-ability-to-repair-tractors</ref>.

== Maine ==
States have tried legislating against these practices by strengthening the right to repair. In 2020, the following bill was considered in Maine, LD 1977 SP 679<ref>"An Act To Ensure a Consumer's Right To Repair Certain Electronic

Products"; https://legiscan.com/ME/bill/LD1977/2019</ref><ref name=":1">[[Louis Rossmann - Video Directory]]: [https://www.youtube.com/watch?v=38O1zEuLOMM John Deere dealerships are lobbying against right to repair. Farmers, please help me out here.]</ref>, which summarizes:<blockquote>This bill establishes a consumer's right to repair electronic devices, excluding motor

vehicles. It requires manufacturers of electronic equipment to make available the

information and equipment necessary for diagnosis and repair of electronic equipment

problems. It prohibits original equipment manufacturers from limiting access to

diagnostic equipment and tools to authorized repair providers and requires manufacturers

to make this information and equipment available to independent repair providers under

fair and reasonable terms. The bill provides that a violation constitutes an unfair trade

practice.</blockquote>The dealers are lobbying against this bill<ref name=":1" />, and state a number of reasons. They question the definition of a motor vehicle, and regarding the legislation if it should apply to motor vehicles due to what they call safety concerns. One of dealers argues that right to repair is a touchy subject, as "a lot of us dealers sit back, and say we really almost don't want in essence people possibly working on our equipment"<ref name=":1" />.

At the same time, the delegates of the Nebraska Farm Bureau supported right to repair near unanimously (176-1) on a voice note to formally endorse the right to repair. The delegates represent 58,000 member families that want to have the right to repair of the products they own, and set strong standards for any legislation or agreement with equipment manufacturers<ref>https://pirg.org/articles/nebraska-farmers-vote-overwhelmingly-for-right-to-repair/</ref><ref>[[Louis Rossmann - Video Directory]]: [https://www.youtube.com/watch?v=QkrHjvjhCQ8 Nebraska Farm Bureau supports right to repair 176-1]</ref>.

The dealer reacts to the point of farmers wanting the right to repair by the following points:

* they provide technical manuals in order for people to be able to repair their own equipment
* what they might not have for the customers is the computer laptop that would allow them to plug to the tractor
* calls it a misnomer that farmers cannot hire technicians that come by to do this for them
* John Deere had this for 18 months, and provides customer service advisors, which customers can buy or subscribe to

== References ==
<references />
[[Category:Right to repair incidents]]
[[Category:Farming]]
[[Category:John Deere]]
[[Category:Incidents]]

Template talk:Incomplete

2025-01-17T00:04:56Z

Tag365: Created page with "==How to prevent the template from appearing in the category list== If you didn't intend the template to appear in category listings, you should use the <nowiki><noinclude></nowiki> tag around the category code on the page. For example, use <nowiki><noinclude>Category:Articles in need of additional work</noinclude></nowiki>. See the [https://en.m.wikipedia.org/wiki/Help:Template#Noinclude,_includeonly,_and_onlyinclude Wikipedia page about Noinclude] and the [https:/..."

==How to prevent the template from appearing in the category list==
If you didn't intend the template to appear in category listings, you should use the <nowiki><noinclude></nowiki> tag around the category code on the page. For example, use <nowiki><noinclude>[[Category:Articles in need of additional work]]</noinclude></nowiki>.

See the [https://en.m.wikipedia.org/wiki/Help:Template#Noinclude,_includeonly,_and_onlyinclude Wikipedia page about Noinclude] and the [https://m.mediawiki.org/wiki/Transclusion Transclusion page on MediaWiki] for more details. [[User:Tag365|Tag365]] ([[User talk:Tag365|talk]]) 00:04, 17 January 2025 (UTC)

NZXT Flex

2025-01-16T23:57:28Z

Tag365: Page does not describe reputation issues with NZXT. I'll mark as stub for the time being.

{{StubNotice}}
{{InfoboxProductLine
| Title = NZXT Flex
| Release Year = 2024
| Product Type = Rental Service
| In Production = Yes
| Official Website = https://nzxt.com/collection/flex
}}

NZXT Flex is a rental service launched by [[NZXT]] for their gaming focused pre-built computers in 2024. <ref>[https://nzxt.com/news/flex]</ref> Customers can choose from three monthly plans based on their performance needs and budget. Each of the three Flex tiers also offer a "Prime" upgrade option that includes higher spec components for an additional monthly upcharge. NZXT also claims guaranteed PC upgrades every two years and full warranty support.

==== Basic Specifications and Pricing ====
As of January 14, 2025, the core component selection and pricing for each tier of the service for customers in the US was as follows:

<div style="display: flex;justify-content: space-around;">

{| class="wikitable"
! colspan="7" |NZXT Flex
|-
|
!One
!One "Prime"
!Two
!Two "Prime"
!Three
!Three "Prime"
|-
!'''CPU'''
|Intel Core i5-12400F
|Intel Core i5-13400F
|AMD Ryzen 5 5600X
|AMD Ryzen 7 7700X
|Intel Core i7-13700KF
|Intel Core i9-14900KF
|-
!'''GPU'''
|NVIDIA GeForce RTX 3050
|NVIDIA GeForce RTX 4060 Ti
|NVIDIA GeForce RTX 4070
|NVIDIA GeForce RTX 4070 Ti SUPER
|NVIDIA GeForce RTX 4070 Ti
|NVIDIA GeForce RTX 4080 SUPER
|-
!'''RAM'''
|16GB (2 x 8GB) DDR4 3200 MHz
|16GB (2 x 8GB) DDR5 5200 MHz
|16GB (2 x 8GB) DDR4 3200 MHz
|32GB (2 x 16GB) DDR5 5200 MHz
|32GB (2 x 16GB) DDR5 5600 MHz
|64GB (2 x 32GB) DDR5 6000MHz
|-
!'''Storage'''
|500GB NVMe M.2 SSD
|1TB NVMe M.2 SSD
|1TB NVMe M.2 SSD
|1TB NVMe M.2 SSD
|1TB NVMe M.2 SSD
|2TB NVMe M.2 SSD
|-
!'''Total (USD / Month)'''
|$59/mo
|$89/mo
|$129/mo
|$159/mo
|$179/mo
|$259/mo
|}
</div>

== References ==

[[Category:anti-consumer]]

Activision Blizzard account lock and forced arbitration

2025-01-16T23:55:49Z

Tag365: /* References */

{{Under_Development
| date = January 2025
| stage = Writing
| priority = Medium
}}

On March 21, 2024, [[wikipedia:Activision_Blizzard|Activision Blizzard]] blocked access to Blizzard services, requiring customers to accept [[Forced Arbitration]] terms in the updated Blizzard End User License Agreement (EULA)<ref>Blizzard End User License Agreement written by Activision Blizzard last updated March 21, 2024 [https://web.archive.org/web/20241225130154/https://www.blizzard.com/en-us/legal/fba4d00f-c7e4-4883-b8b9-1b4500a402ea/blizzard-end-user-license-agreement Archived] December 25, 2024. Retrieved January 14, 2025.</ref>. In effect, customers were prevented from accessing their account (including games licensed to them) until they accepted these terms.

The EULA constitutes an example of a [[EULA roofie|EULA Roofie]].

== Incident ==
[[File:Screenshot of the popup presented to users on Battle.net.png|alt=A popup from Battle.net showing the following text: "Review Terms. By clicking Agree you acknowledge that you have read, understood, and agree to the Blizzard End User License Agreement and Blizzard Entertainment Online Privacy Policy."|thumb|The popup users were presented with. Clicking "Cancel" would log the user out.]]
When logging in to Blizzard services (using the ''Battle.net'' game client or ''Blizzard.com''), a pop-up appeared asking users to review the Blizzard EULA and Privacy Policy. Dismissing the prompt would force the user to log out of their account. Doing so prevented access to all Blizzard services, with some users stating they could not access Blizzard Support.<ref>New EULA dated March 21, 2024 a discussion on the public Blizzard forums under Starcraft 2 started by user Ecip-1680 https://us.forums.blizzard.com/en/sc2/t/new-eula-dated-march-21-2024/28315 also [https://web.archive.org/web/20250115044227/https://us.forums.blizzard.com/en/sc2/t/new-eula-dated-march-21-2024/28315 Archived] January 14, 2025. Retrieved January 14, 2025.</ref>

=== Impact on Customer Support Access ===
A particularly problematic aspect of this situation was that customers could not access Blizzard Support to ask questions about the EULA without first accepting it.<ref name="forum-discussion">New EULA dated March 21, 2024 forum discussion https://us.forums.blizzard.com/en/sc2/t/new-eula-dated-march-21-2024/28315</ref> This created a situation where users needed to agree to terms they had questions about in order to ask questions about those terms.

=== Terms of the New EULA ===
The new Blizzard EULA starts with the following clause in bold, binding users to [[Forced Arbitration]]:<blockquote>'''THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THE SECTION TITLED "DISPUTE RESOLUTION." THIS AGREEMENT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY "DISPUTE" BETWEEN YOU AND BLIZZARD AND MAY REQUIRE YOU TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT.'''</blockquote>

Users who reject the EULA have limited recourse in refunds:<blockquote>IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE BLIZZARD PLATFORM OR GAMES. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN FOURTEEN (14) DAYS AFTER YOUR PURCHASE OF A GAME FROM BLIZZARD, YOU MAY CONTACT BLIZZARD THROUGH <nowiki>https://us.battle.net/support/en/</nowiki> TO INQUIRE ABOUT A FULL REFUND OF THE PURCHASE PRICE OF THAT GAME.</blockquote>

{{Important|This clause would apply to any online services for games, such as Warcraft 3, which could be purchased as early as 2002.<ref>Wikipedia article on Warcraft III https://en.wikipedia.org/wiki/Warcraft_III:_Reign_of_Chaos</ref> Such purchases are far outside the 14-day refund window.}}

=== Historical Context of Clause ===
These clauses, as well as the legal actions they represent, are not new to the Blizzard EULA. Similar verbiage can be seen in previous versions of the EULA as far back as 2018.<ref>Blizzard End User License Agreement written by Activision Blizzard last updated June 1, 2018 [https://web.archive.org/web/20180919091644/https://www.blizzard.com/en-us/legal/fba4d00f-c7e4-4883-b8b9-1b4500a402ea/blizzard-end-user-license-agreement Archived] September 19, 2018. Retrieved January 14, 2025.</ref>

=== Subscription Services Impact ===
Active World of Warcraft subscribers were particularly affected by this change, as their subscriptions would continue to bill despite being unable to access the service if they did not accept the new terms.<ref name="forum-discussion" /> This created a situation where users were being charged for a service they could not access unless they agreed to new legal terms.

== See Also ==
* [[Forced Arbitration]]
* [[EULA roofie]]
* [[Game Platform Terms of Service]]

== References ==
<references />

[[Category:Forced arbitration incidents]]
[[Category:Incidents]]
[[Category:Blizzard Entertainment]]
[[Category:Digital rights management]]
[[Category:End-user license agreements]]
[[Category:2024 in video gaming]]