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Nintendo Faces Continuation Of Seizure Lawsuit
Thanks to 2TheAdvocate for its article discussing a lawsuit against Nintendo regarding their videogames causing seizures. The suit, which has been in progress since July 2003, claims that Nintendo "failed to report that its games contain defects that presented a 'substantial hazard' and create an unreasonable risk of serious injury or death." In Nintendo's defence, they claim that they "instituted some recommendations... [including] a limit on the number of times per second a light can flash, and a limit on the brightness of certain lights and their duration on the screen." As a result, "the number of seizures reported to the company by consumers has dropped from 22 in 1999 to six in 2003." The trial will continue until later this month.
Please... people aren't suing the makers of picket fences for giving children epileptic seizures as a car drives by it, so why are they attacking video game makers? This is ridiculous... Next thing you know people with red-green color blindness are going to be suing city and state governments for picking red and green for stop-light colors (red-green color blindness means you cannot differentiate between the two colors).
And how was Nintendo expected to know that there games presented a miniscule risk of causing epilepting seizures??? I mean, that's not a normal part of the debugging process is it (buffer overruns fixed - check!, memory leak fixed - check!, doesn't cause seizures - "we'll just slip this one under the rug). Should Nintendo be expected to hire a panel of 1000 seizure prone patients to test the game? And the number one question is : Why aren't manufacturers of strobe lights being sued???
Every single nintendo game Ive ever bought came with a warning about seizures in the manuals. Shouldn't the people at risk have known any thing on TV could give them a seizure, and not own a TV. I for one wouldn't own dog if I were allergic to one. These guys paid for their $2 hookers and have only themselve to blame for their AIDS
Thus annoying the hell out of everyone who isnt at risk
20 fucking poeple out of the millions that play nintendo? .000002% of pople will probably be alergic to everything.
You know, it sucks to be them, but
All Troll + "offtopic" mods are meta moderated as "Unfair", because you abused the system.
I applaud Nintendo for (ostensibly) taking this seriously, but I would rather they just told all the whingers to just stop playing the games...
Somewhere, ...is going to choose to be offended by SOMETHING.
Somehow,
Someone,
The best thing we can all do in light of this unavoidable situation is hunker down and prepare for the worst.
READY.
PRINT ""+-0
Yes... I now realise that I ignored the whole "lawsuit" thing with that last paragraph - but I was just so damn annoyed!
If the parents were reponsible, they should know better than to let their seizure prone children play video games. There's a warning on the inside of every instruction manual. Note to parents: read them! Nintendo shouldn't have settled out of court the last time they were sued. That was like an admission of guilt for them. This time the case should be thrown out of court.
I just wish Nintendo added in an extra pamphlet with every game they sold telling you that games can cause seizures. Oh, what's that you say? They do!? Why, that's absurd, a parent not reading the warnings before putting the game in front of their kid! Tsk.
Why are we even considering discombobulating an entire industry over a tiny fraction of the population? There's already warnings on the games. And where the hell is a rational suggestion like having a "No-Seizures Mode" switch on the back of every console to severely cripple it's graphics engine?
Even the original Nintendo back in the 80's had the same issues and Nintendo warned back then it could have effects. I'm assuming that this lawsuit is from someone who did not know of a pre-existing condition and had a seizure.
Funny I'd think they'd be thankful they had it in the comfort of their living room near people instead of when they see a electronic billboard or police lights in a fast moving car they're driving.
First page of any game I've ever played Nintendo, PS/PS2, Xbox, Sega, and all the other assorted Ataris and such mentioned that their games might possibly cause seizures. It's play at your own risk folks not a excuse for a get rich scheme.
"Since those recommendations have been instituted, the number of seizures reported to the company by consumers has dropped from 22 in 1999 to six in 2003."
So, there were 22 seizures reported in 1999. That is a really miniscule number as it is. Then, in 2003, there were only 6 known seizures reported - in comparison, that's virtually nothing at all.
How on EARTH can this family believe that "Nintendo should have reported that its video games were not safe and not suitable for use because they triggered seizures" , and expect that Nintendo should "rank all games according to the seizure risk, reformat all its games to reduce the chance of seizures, fund a nationwide advertising campaign to inform the public about the chance of seizures, allow all game owners to trade high seizure risk games in for low seizure risk games and to establish a refund program so everyone with Nintendo games can get their money back" ? This really looks to me like they're taking it way too far - it's not Nintendo's fault that their son had a seizure: Video games cannot and do not suddenly make seizures happen by some bizarro magic - there has to be a pre-existing condition for them to even take place. Nintendo shouldn't be expected, by anyone, to have to go back through all their games to 'reformat' them, either - if people have a condition involving seizures, and they get seizures from video games, then no amount of going back and making adjustments to hundreds of old video games is going to change that fact. And again, that fact is not Nintendo's fault (or anyone's, for that matter).
And as for wanting the court to order "Nintendo to put warnings about the possibility of video games triggering seizures on the video game packages and on the screen while the game is in use" , well, that's just ridiculous. 1: They already have those warnings in the packaging and manuals. In Europe, they often include an additional seperate card/sheet to warn about seizure risks, AS WELL AS the warnings printed in every single manual for every single game and console released. And 2: Did they even consider that the majority (going by number of seizure complaints compared to game sales, as in the article), who don't get these seizures, might be annoyed by having the view of their game obscured by some on-screen warning they don't need? Actually, come to think of it, did these folks even check the warnings and manuals and stuff through with their kid before letting him play the game(s)? I would hope that they did take the preventive measure of reading the included warnings. If not, why not? They certainly seem worked up enough about their son getting a seizure to try and sue somebody who's not responsible for it over the matter.
Also, how come they're not also suing the likes of Sony and Microsoft, and trying to demand that they do the same things as they're trying to demand of Nintendo?
What's next? Are they going to sue the makers or wearers of stripey shirts for triggering their kid's pre-existing condition, too?
As others have indicated, this is an excuse for people to try to get free money.
Frankly, I feel failed by our benevolent friends whose corporate headquarters is located it Kyoto, Japan.
Clearly, they need to translate the "Battling Seizure Robots" video game adaptation so that North American children can share in the joy that is le petit mal!
--
Internet Explorer (n): Another bug -- that is, a feature that can't be turned off -- in Windows.
Japanese Seizure Robots!
(Don't click if you really get seizures!)
Oh, so that's how we ended up with those warnings on the microwaves, that it can't be used for things no sane person would think of using them for.
Because nintendo makes games mostly for young kids, and I presume that's the age where seizures first appear ?
That could explain the lack of lawsuits for older age groups (Playstation, whatever) where it's more likely that the users are aware of their condition.
Great. Now who do you think is going to foot the bill for the "reformatting", the "nationwide advertizing campaign" etc ? Why should the millions of game buyers suffer because of six ?
You know what, they should just label all their games "not for epileptic people" and make (or not) a non-epilepsy-inducing version at a different price that covers the cost of extra testing and coding. Problem solved.
The potential for seizures from video games has been widely known for so long that I described a MegaDrive (Genesis for our US friends) as "Really earning it's epilepsy warning". The rate of seizures now is so low as to be attributable to random chance. How is this still clogging up the courts? Is it alleged that Nintendo hid known health problems on purpose like the cigarette companies?
Was about 16 years old, he was playing Soul Calibur, on the Cube. He took a short dirt nap, we called the paramedics, they hauled him out. He's all better now, case close.
Actually I know people who wish this would happen to them, hell all the recent stuff out there for any platform sucks so baddly least this is somewhat exciting.
Sit... Speak.... Shake.... Good Dog!
how many damn warnings do you have to put on a product!?!?! a lengthy warning about it comes not only with the system, but with EVERY GAME, not just first party titles. not to mension that it is almost always PRINTRD IN THE MANUAL ALSO. you have to be blind, deaf and dumb to not heed these warnings. do we need to print them on the damn disks!?!?! how about signing a release everytime you buy a game that nintendo won't be responsible if you freak out because YOU have a rare problem that the majority of the populous dosn't suffer from! WHERE THE HELL DOES IT END! how the hell do they have a case?!?!? what mob lawyer is paying off judges to keep these types of cases afloat? and why the hell don't we have pikmin 2 yet!
...all three of you...
two words: vigilante justice. all we need is a bag full of doorknobs, a few socks with bars of soap, and a few over-caffinated gamers. who's with me!
stand up! don't be afraid to be counted...
I'll better add a big, flashing "Warning! May cause seizures!" to my games!
i wonder how many seizures windows has caused over time.
I recall that most of these seizures manifested themselves in children with no history of prior seizures, making the whole exercise of warnings pointless.
While a minute percentage of children and adults are negatively affected by flashing lights and/or images the fact remains that it is impossible to tell from one circumstance to the next when a seizure will be triggered and which individuals will be affected.
My all time favorite videogame, Killer Instinct came with a warning sticker about the possibility of causing seizures in people who had certain medical conditions. That game was released nearly 10 years ago.
Nintendo may not be perfect, but come on now. People who have seizures know the risks of playing video games.
LK
"Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
Upcoming court cases against Nintendo:
"I nearly choked on my Zelda disk - Nintendo knew those things are dangerously small"
"My son was so excited at completing Super Mario Sunshine he had a heart attack. Nintendo should put "calm down" messages on the sceen"
This is like 0.00001% (6/50+ million?) of users and there have been clear warnings since forever.
they get some sort of rare seizure than causes them to sue the next thing they see... a nintendo game in this case.
"This game is great!!"
(cue strobe effect)
"gahhhhhhh..(twitch).. SUE! I'll SUE those bastards for every cent they've got!!"
You are in a twisty maze of processor lines, all alike.
There is a lot of hype here.
I wonder if I can sue dance clubs too.. I don't see any warnings when I step in by the Bouncer that says "Exposure to disco lights can cause seizures". While we're out it, let's sue the Sun too... Every sunny day sky should display Exposure to direct sunlight can cause seizures . That's another reason why this litigious society has to be seriously revised.
It's one thing to be negligant, but I think Nintendo has done what they can reasonably expect to do here to protect those that might be sensitive to light before they buy the game, much less play it. Just like warning labels on the sides of over-the-counter mediciations and vitamins, and I've yet to hear of a suit that a person claims that one of these did something that was clearly on the outside of the package that he wasn't expecting.
"Pinky, you've left the lens cap of your mind on again." - P&TB
"I can see my house from here!" - ST:
If anything comes of this, what will most likely happen is the non-japanese games will be changed to reduce the likelyhood of causing a seizure, like the Pokemon anime. More crapification of translated things. It realy sucks that I can not go to a store and buy things the way they are ment to be because the idiots in America are to stupid to learn japanese and to not give their seizure prone kid games & anime.
There is only so much you can expect a company to do for such a small percentage of the population. For example, I expect food companies to properly label their products with ALL ingredients, to have 800 numbers to call if this isn't possible given the size of the package, and to warn about possible contaminants from other products manufactured at the same facility. This is a reasonable expectation that imposes no undue burdon on the company. I certainly don't expect them stop making the products my kid is alergic to or to include so many warnings in bold print across their logo that people stop using the product. That's just silly. The relevant information in small print on the back of the package is more than sufficient.
Nor do I expect other kids to have to stop eating foods my child can't have. I'd appreciate it if they washed their hands every now and then but I'm certainly not going to sue them for eating a PB&J.
Parents need to do their job, watch their children, and stop expecting the rest of the world to do this for them. Kids have parents for a reason. If the courts are in any way just then Nintendo will win this case.
Everyone s*&$f$#@er knows that god@#n windows don't cause c@#khole seizures, it causes motherf*#@ing tourette's a##munch.
Imagine the seizure inducing capability that Nintendo and Mary Hart would have if they joined forces. They could take over the world! Note that a "Little Mermaid" themed game would accomplish the same purpose.
Lasers Controlled Games!
The plaintiffs in this case should be HAPPY that their kid had a seizure while at home playing video games so that they could discover the kid's underlying condition in a safe place rather than finding out about it after a public seizure and serious resulting injury. I can see it now, the kid at 18 goes off to a rave at state palace in New Orleans and dies on the floor from having a seizure from the strobes and then getting trampled by all the junkies.
These people are obviously just tornado bait coonies looking for an easy buck.
If someone did a proper scientific study of that and found changing the filters to be a sensible way to reduce accidents, the country should consider it on its own merits rather than being pushed by the courts. I dread to think how the EU would try to get itself organised similarly though...
Sorry, couldn't resist. So many examples of lame and meaningless changes made from Japanese to US releases. For example, almost no NES/SNES games use the word "kill." "defeat" "destroy" "eliminate" "terminate" "devastate" "remove" "exterminate" so many words used to dance around the one simple one that they actually want to use: "kill"
mod me as flamebait - I don't care. I have karma to burn, and I am 100% the parent will read this, whether or not he replies...
re: your sig...
You link to a site that describes "the universally condemned Israel." I won't get into israel topics, but I find it interesting that the Palestinians are not "universally condemned" as well.
Also... linking to a radical site like whatreallyhappened.com ("Evidence linking these Israelis to 9/11" - HA!) really shows your "credibility," especially when you make the laughable claim that you are "non-partisan."
I am wondering how long until the Nintendo controller looks like that memory game SIMON, with 4 huge different color buttons. I mean seriously, could the "A" button on the Gamecube be any bigger? An could the "Z" button be any harder to use effectively?
I have had a gamecube since it came out, and I have an Xbox also. I am an online shooter addict, and can only get a thrill out of games when I know I am playing against a real opponent, so the Gamecube isn't really my cup of tea for obvious reasons. But a room full of drunk people mashing that huge A button playing Mario Party 5 at 4:30am sure is fun.
That's why I pay that extra dollar!
the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff
I think that this lawsuit is frivolous - the seizure warnings have been in place for as long as I can remember. And 6 seizures is an incredibly small number, for as many people as play video games.
On the other hand, I can kind of sympathize with these people. A friend of mine had a seizure while we were playing Xtreme G 3 on the GameCube a couple of years ago. It was scary.
I heard a strange noise coming from his direction, and when I turned and looked, I realized that he was choking, and had passed out. His body tensed up and was contorting in unnatural ways. It was all I could do to keep his head from banging into the endtable as he slid out of his chair. After a few excruciating minutes he just went limp and was unconscious. At least he wasn't tensing and straining against his own limbs anymore. I called 911 and after a few minutes an ambulance arrived. He woke up as the EMTs got there, but was completely out of it. His speech was slurred, and he had a hard time answering questions like where he was, and the date, things like that. Then they took him to the local hospital, and I didn't see him for a few days.
Apparently he didn't remember anything from the time the seizure started until he woke up in a hospital bed. I felt strange relaying the sequence of events back to him, as if he hadn't been there.
This seizure wasn't entirely unexpected - he'd had one when he was young (we were 20 and 21 when this seizure occurred.). But since he hadn't had a relapse in so long, he had actually been able to get his driver's license the week prior! It turned out that the doctors had phased out his epilepsy medications the month before, because they thought he was out of the danger zone. He went back on the meds, and hasn't had a problem since.
I don't blame the game makers for what happened, or anyone really. His doctor thought he should stop the seizure meds, and in another case that may have been the right thing to do. I'm just trying to convey how frightening and unnerving it is to see your good friend suddenly lose control over his own body; going from being a laughing, playing, joking person to being slumped on the floor in about 45 seconds.
-- Flaw
! WARNING - Seizures
Some people (about 1 in 4000) may have seizures or blackouts triggered by light flashes or patterns, such as watching TV or playing video games, even if they have never had a seizure before.
Anyone who has had a seizure, loss of awareness, or other symptom linked to an epileptic condition should consult a doctor before playing a video game.
Parents should watch when their children play video games. Stop playing and consult a doctor if your or your child have any of the following symptoms
Convulsions - Eye or muscle twitching - Loss of awareness
Altered vision - Involunatry movements - Disorientation
To reduce the likelihood of a seizure when playing video games
1. Sit or stand as far from the screen as possible.
2. Play video games on the smallest available television screen.
3. Do not play if you are tired or need sleep.
4. Play in a well-lit room.
5. Take a 10 to 15 minute break every hour.
Actually, i've had the loss of awareness one on multiple occasions, it's called staying up too late and falling asleep while playing :)
This warning is followed by several other similar although less detailed warnings: "! WARNING - Repetitive Motion Injuries" "! WARNING - Electric Shock" "! CAUTION - Motion Sickeness" and "! CAUTION - Laser Device"
Nintendo has both made an attempt to eliminate the occurance of events most likely to cause an eplieptic fit _and_ put warnings in each and every game manual and in the instructions for the console itself i believe, which is a lot more than a lot of other companies do. Last i checked Netscape and IE weren't taking any precautions to prevent epileptic causing media from being viewed on the web.
Sure, there is some _very_ small percentage of people who are prone to epileptic fits but who haven't had an attack yet who won't take the warning seriously, however that's hardly Nintendo's fault.
These people are most likely going to have their first attack _sometime_, and given that reasonable precautions are taken it's not really the fault of whatever causes that first specific attack.
For almost _anything_ you can find some small percentage of people for whom it causes problems. Attempting to sugar coat _everything_ so that _nothing_ can hurt _anyone_ is not only extremely unfeasible, it may very well be technically impossible.
Conpanies should be legally responsbile to warn you of the contents of whatever product they provide. It's your job as the consumer to learn about what limits you need to live under and abide by them. Sure it will suck the first time you eat or try that thing that you have a medical condition involving, but pending the development of much more advanced genetic testing than we have now that's just the way life works.
This Space Intentionally Left Blank
goldeneye on N64, that make me sick for hours after only playing it for 10 minutes or so. and it sucks because I love that game.
can I sue nintendo for millions because of my crappy biology?
guess so.
these are the same retards that sue airlines and/or restaurants and make them put disclaimers about peanuts on the drive through windows or the back of your airplane ticket stub. give me a friggin break..this is getting stupid. we are going to be like canada is it keeps going this way.