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Nintendo Slapped With Wiimote Strap Lawsuit Once Again

GameCyteSean writes "GameCyte is reporting that a new class-action lawsuit has challenged Nintendo's Wiimote straps once more. Interestingly, the suit was filed by the same lawyer who led the original 2006 attempt, and now argues that Nintendo hid records of broken TVs from the Consumer Product Safety Commission. From the article: 'This doesn't seem like a spurious accusation, either. Attached to the court filing (PDF) as a matter of public record is the very evidence Nintendo allegedly tried to hide: actual, internal Nintendo documents (PDF) where customer service reps received complaints of cracked televisions and broken Wiimote straps — and the corresponding Monthly Reports that Nintendo was compelled to file with the CPSC as part of their agreement.'"

356 comments

  1. Get a life by mlwmohawk · · Score: 5, Insightful

    Seriously, if you break your TV with a remote, its your fault.

    1. Re:Get a life by Anonymous Coward · · Score: 5, Funny

      This is how I picture the origins of the lawsuit: Some guy is playing a Star Wars game. He wants to make Obi-Wan do the force throw thing with his lightsaber, knowing that Obi-Wan's saber will fly back to him. So, he figures that if you need to swing the Wiimote to swing the lightsaber, logically, you must also throw the Wiimote to throw the lightsaber, and it, like the lightsaber, will return to his hand. Unfortunately, physics rears its ugly head, and he discovers that this is not the case, and decides that Nintendo owes him a new TV.

    2. Re:Get a life by Anonymous Coward · · Score: 1, Insightful

      So, you think the average Star Wars nerd is more suspectible to this than the average jock. Really?

    3. Re:Get a life by deniable · · Score: 1

      Force Unleashed came out this year and the first lawsuit came out not long after the Wii was released. I'd imagine it was more people bowling or pitching in baseball.

    4. Re:Get a life by cjfs · · Score: 5, Funny

      Seriously, if you break your TV with a remote, its your fault.

      I disagree. Clearly my inability to hold on to a remote with my greasy cheetos-covered hand is a fundamental online rights issue. Hence the tags for this story.

    5. Re:Get a life by Anonymous Coward · · Score: 5, Funny

      Perhaps, although it would seem the average /. nerd isn't very susceptible to jokes.

    6. Re:Get a life by Metasquares · · Score: 5, Funny

      On the other hand, that whooshing noise could either be the joke or a remote.

    7. Re:Get a life by Anonymous Coward · · Score: 3, Insightful

      It's not that they just whipped the remote at the T.V, it's the fact that they all had it attached to their wrist so even if you let go, it won't go anywhere (ideally). The lawsuit is over the wristband itself being nothing more than a false sense of security.

    8. Re:Get a life by Anonymous Coward · · Score: 5, Funny

      This is how I picture the origins of the lawsuit: Some guy is playing a Star Wars game. He wants to make Obi-Wan do the force throw thing with his lightsaber, knowing that Obi-Wan's saber will fly back to him. So, he figures that if you need to swing the Wiimote to swing the lightsaber, logically, you must also throw the Wiimote to throw the lightsaber, and it, like the lightsaber, will return to his hand. Unfortunately, physics rears its ugly head, and he discovers that this is not the case, and decides that Nintendo owes him a new TV.

      That makes more sense. My first reaction was he was playing a porn game and got too excited.

      Posting AC so my wife won't hit me.

    9. Re:Get a life by Stormwatch · · Score: 5, Funny

      These are not the jokes you are looking for.

    10. Re:Get a life by Lemmy+Caution · · Score: 4, Interesting

      Say what you will about jocks, but they probably have a better practical grasp on the behavior of bodies in real-world space, and the coordination to avoid tossing a Wiimote into a television set.

    11. Re:Get a life by jcr · · Score: 5, Insightful

      It all started when he was a little kid and he dropped his ice cream. His mommy immediately gave him another one to make him quit crying.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    12. Re:Get a life by Anonymous Coward · · Score: 0

      Mod +1 Pussy.

    13. Re:Get a life by sortius_nod · · Score: 1

      I use a projector on a solid cement wall... maybe that's the answer for these people. At least it will cost Nintendo less to replace controllers than to replace LCD/Plasma TVs.

    14. Re:Get a life by ILuvRamen · · Score: 1

      amen to that! I finally played with a Wii a couple weeks ago (yeah, yeah, my friends and I are poor) and my first thought was holy crap, a monkey could hold onto this thing. After reading all the stuff here about it, I thought they'd be coated with teflon and self lubricating with WD-40 or something. When you're playing real tennis or golf, how often do you let your real club or raquet go flying out of your hands? And better yet, should you sue the makers because they didn't provide a wrist strap for it. You can sure as hell do more damage by a golf driver going flying at like 60MPH! I don't think the most uncoordinated humans on the planet should be embarrassing themselves by suing over letting their wiimote go.

      --
      Google's Super Secret Search Algorithm: SELECT @search_results FROM internet WHERE @search_results = 'good'
    15. Re:Get a life by Anonymous Coward · · Score: 1, Insightful

      If your seatbelt broke because of the force of the crash what makes you think your body could handle that force if it didn't break?

    16. Re:Get a life by theaveng · · Score: 0

      FINALLY someone who gets it!

      The Wiimote is engineered to be thrown and/or swung around your hand. That's why Nintendo designers included the strap, in order to prevent the thing from flying off into space. The fact that the strap fails means they fraked up. Worse than a broken TV, somebody might get seriously hurt by the failure of this strap.

      This is no different than any other toy that gets recalled due to dangerously-designed flaws.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    17. Re:Get a life by zach_the_lizard · · Score: 3, Interesting

      You can sure as hell do more damage by a golf driver going flying at like 60MPH! I don't think the most uncoordinated humans on the planet should be embarrassing themselves by suing over letting their wiimote go.

      When I was 14, my dad thought it would be a good idea to give me some golf lessons. I lived in Alabama at the time, and was practicing with some practice balls. It was really hot, and my hands got really sweaty, and my club slipped out of my hand.

      Unbeknownst to me, my dad just so happened to step outside at this time. The club flew over the fence and smacked him in the side of his head. Ouch.

      I have *never* had a wiimote do the same thing. In fact, the Wiimote has a pretty good grip, I think.

      --
      SSC
    18. Re:Get a life by dudpixel · · Score: 2, Funny

      Wow, you have a wife? and she reads slashdot????

      --
      This seemed like a reasonable sig at the time.
    19. Re:Get a life by dougisfunny · · Score: 2, Insightful

      Actually, the strap was designed so you wouldn't accidentally drop the thing.

      Not so you can hurl it.

      An analogy that fits would be something like a climbing rope versus a bungee cord.

      One is made for hurling your self from a height, the other is made for saving you from an accidental fall.

      --
      This is not the funny you're looking for.
    20. Re:Get a life by HungryHobo · · Score: 3, Insightful

      No, this is stupid.

      The wiimote works perfectly well without any strap at all.
      The strap is an extra.
      The strap shouldn't even be needed.

      But someone went "you know what would be a good idea for safety? Adding a little strap, sure if someone puts hundreds of pounds of pressure on it it'll break but that's better than having no strap."

      then idiots who think like you come along.

    21. Re:Get a life by hachi-control · · Score: 1

      He's actually posting anonymously because he accidentally came accross this and decided to post. Anyone intentionally reading /. can not have a life partner.

    22. Re:Get a life by qurk · · Score: 0, Troll

      Nod but people even those who are too stupid to use a gaming console deserve some protection. If Nintendo was shipping a product with known flaws and not making it clear enough with the documentation shipped with the product that the wee remote is potently a dangerous weapon if used with a tv set if you fling it towards. I say, let them have their time in court, their defeat will be even more satisfying.

    23. Re:Get a life by Chatterton · · Score: 1

      I think the GP idea was that the seatbelt was of very poor quality, riveted to the car frame with rivet made of compressed paper or made from craft paper.

    24. Re:Get a life by theaveng · · Score: 1

      "Every Wii game displays a caution screen upon loading to warn the player to use the strap in order to avoid the remote slipping from the grip during erratic movements." - wikipedia

      In other words, even Nintendo admits that the strap is there for safety.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    25. Re:Get a life by mcfatboy93 · · Score: 1

      the same thing applies to the people from the 2006 lawsuit.
      "YOU ARE NOT SUPPOSED TO USE FORCE WHEN PLAYING THE WII"
      now i can understand if the strap breaks (they fixed that) but they have that annoying white instruction screen during most of the load times that tells you how to hold the wii remote if you are going to be using it with a bit more force than normal.

      --
      Its not my fault, someone put a wall in my way.
    26. Re:Get a life by Bombula · · Score: 1

      Amen. Life sucks, get a fucking helmet.

      --
      A-Bomb
    27. Re:Get a life by Anonymous Coward · · Score: 0

      Seriously, if you break your TV with a remote, its your fault.

      amen

    28. Re:Get a life by plumby · · Score: 2, Insightful

      You probably should have sued the golf club manufacturers for not having a restraining strap and a warning not to let it hit people in the face...

    29. Re:Get a life by HungryHobo · · Score: 1

      You know that backs his point not yours.
      The strap is there for safety.
      It is not there for functional reasons.
      I know of no game which requires you to spin the remote round your arm using the strap.

      It's there as an Extra.
      A useful thing to have in case you're incapable of holding on to a controller.
      If it becomes frayed from your child chewing on it then you replace it.
      Simple enough? Apparently not for some people.

    30. Re:Get a life by grumbel · · Score: 1, Insightful

      A useful thing to have in case you're incapable of holding on to a controller.

      As demonstrated by dozens of accidents it is not useful in those situations, because it will fail there quite frequently. Its so hard to get? The strap has a single easy to understand function, it failed at that very function. Even Nintendo admits that, which is why they replaced it with a stronger one.

    31. Re:Get a life by theaveng · · Score: 1, Offtopic

      By your reasoning the recalls on cribs where children get caught & choke to death are not the fault of the manufacturer. After all the bars were put there to hold children inside, and they achieved that goal. If the kid's head got stuck while he was trying to escape, then tough luck - the bars did their job of keeping him imprisoned. Anything else is incidental.

      I disagree.

      I think manufacturers should be held responsible when their designed products fail. If a game requires dropping the controller to register an input, and the strap fails causing you to break your toe when it lands, then Nintendo should be held responsible for that strap failure. The only time I think Nintendo should be "let off" is if the strap had been abused (the aforementioned chewing), but it the strap is still in like-new condition then it broke through the fault of the engineer, not the customer.

      This is why another famous toy called "Jarts" was pulled off the market. That game was fine so long as everything worked okay, but if a gust of wind caught one of the jarts, they could land on a player or spectator and cause bodily harm. The Wiimote has the same flaw of potentially injuring a player or spectator when the strap fails during normal course of gameplay.

         

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    32. Re:Get a life by Rogerborg · · Score: 1

      The Wiimote is engineered to be thrown and/or swung around your hand.

      So is a tennis racket, and a baseball bat. They need straps too, right?

      --
      If you were blocking sigs, you wouldn't have to read this.
    33. Re:Get a life by Talderas · · Score: 2, Insightful

      "Every Wii game displays a caution screen upon loading to warn the player to use the strap in order to avoid the remote slipping from the grip during erratic movements." - wikipedia

      I'm guessing the WiiMote wasn't designed to be thrown. If there's games that require throwing, you should look at who the developer was and go after the developers for requiring a WiiMote action that was not within the lines of the specs.

      But of course the lawsuit won't go after the developer, they'll go after who has the deepest pockets.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    34. Re:Get a life by fprintf · · Score: 1

      In that case, Nintendo might have been better off not including a strap at all. Then there can be no doubt that any flying remotes are the fault of the user for not handing onto the damn thing. In the current situation, the blame has now shifted back to Nintendo for improperly engineering a strap that may only be there for convenience rather than safety.

      --
      This post brought to you by your friendly neighborhood MBA.
    35. Re:Get a life by xaositects · · Score: 2, Funny

      Hence him posting AC. Otherwise, next thing he knew /.ers would be beating his door down to kidnap his wife, hide her in their mom's basement and force her to read /. with/to them.

    36. Re:Get a life by M-RES · · Score: 0

      He's actually posting anonymously because he accidentally came accross this

      eeeuuuggghhh! Anyone getting off THAT much from reading /. MUST be a full time slashdotter.

    37. Re:Get a life by LingNoi · · Score: 2, Funny

      I don't think posting AC is going to help because you're the only one on slashdot that:

      a) Has a wife
      b) Has a wife that reads slashdot

    38. Re:Get a life by M-RES · · Score: 1

      It will also probably cost less to employ people to stand next to these numpties and punch them in the face every time they throw the wiimote at the telly. Eventually the message will be punched home to actually GRIP the wiimote and wear the strap!

    39. Re:Get a life by LingNoi · · Score: 1

      Completely different, this is a case where people are using the controller too hard in a confined space when there is no need to do so.

      If they used the controller properly, which is to say, if they moved in normally without throwing their arms about like a lunatic, there wouldn't be any broken TVs or injuries.

    40. Re:Get a life by iamhigh · · Score: 1

      Racquetball rackets (racquets?) have straps. I would guess the thinking is in that game you are only feet away from other humans, unlike tennis. Baseball requires that you drop the bat (in a hurry) after hitting the ball, so a strap would be a problem; also you are 60 feet from the closest guy without protective gear.

      --
      No comprende? Let me type that a little slower for you...
    41. Re:Get a life by LingNoi · · Score: 1

      You're ignoring the circumstances of the situation. What's next, if you kill yourself in a car accident, it's your fault? Even if the seatbelt broke because it couldn't take the force of a crash? And it would have saved your life if it was engineered properly?

      Or how about if you jump off a plane to your death, it's your fault. So your parachute didn't deploy... Who cares? You killed yourself.

      In both your situations, your dead.

      What the hell has this got to do with a game controller

    42. Re:Get a life by MrSmith0011000100110 · · Score: 1

      Finally a post I can agree with. The WiiMote was not meant to be thrown about and abused. I've had 4 since the inception of the wii and I have 4 children that abuse the hell out of the poor devices and not a one has ever come flying at my television. Had it, even if the strap was broken it would be the child at fault not Nintendo. These lame asses need to stop blaming Nintendo for their broken TV woes and look in their own houses for compensation or consolation. Holding the controller with or without the strap = fun. Letting the controller fly through the air damaging your new LCD/Plasma TV = NOT NINTENDO's FAULT

    43. Re:Get a life by D-Cypell · · Score: 3, Funny

      He is probably that guy who built the robot wife from the story yesterday.

    44. Re:Get a life by docgiggles · · Score: 1

      I think it happens more like this, a fat man sits on the couch playing smash bros brawl, when he gets destroyed by some korean, he gets angry and chucks the wiimote. Since he wasn't wearing the strap, he then breaks it so he can sue Nintendo

    45. Re:Get a life by MrMonroe · · Score: 1

      The real question is why Nintendo hasn't just built a clause into the manual which clearly states, "if you break your tv with your wiimote, it's your fault. Please do not utilize astroglide while playing Wii Sports."

    46. Re:Get a life by mlwmohawk · · Score: 1

      You're ignoring the circumstances of the situation.

      What the fact that someone is too stupid to ensure they don't let go of a remote control while they are playing with a video game?

      I have a Wii. Breaking your T.V. with a remote is the act of pure stupidity!.

      What's next, if you kill yourself in a car accident, it's your fault?
      Hardly the same thing.

    47. Re:Get a life by Anonymous Coward · · Score: 0

      Obviously an anomaly.

    48. Re:Get a life by TrekkieGod · · Score: 2, Insightful

      It all started when he was a little kid and he dropped his ice cream. His mommy immediately gave him another one to make him quit crying.

      To make him "quit" crying? If didn't assure your child that you would be getting him another ice cream immediately after he dropped his first one, you're a pretty goddamn horrible parent.

      Look, I'm all about teaching responsibility and consequences of your actions, but why are you punishing a child for an accident? If the child purposefully dropped it you'd have a point, but if I dropped my ice cream, I'd get my wallet out and buy another one.

      If you told your child to go to the person at the counter crying, and asking for another ice cream for free, that would be fostering entitlement. The correct thing to do here and say, "that was an accident, you dropped it. Accidents happen, but that's going to cost me money to replace it, so be more careful with the next one."

      --

      Warning: Opinions known to be heavily biased.

    49. Re:Get a life by NiteShaed · · Score: 2, Interesting

      Conversely, they may also be more prone to throwing the thing intentionally. I've been to Superbowl parties and seen everything from mini-hotdogs to half-full cans of beer thrown at the TV on a bad play.....

      --
      Some bring out the best in others, some the worst. Some bring out far more.
    50. Re:Get a life by KDR_11k · · Score: 1

      That or maybe they just have reflexes for releasing what they hold in their hand when performing a throw, something a physical activity-averse geek would not have.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    51. Re:Get a life by Cajun+Hell · · Score: 1

      The worst part here is that I think you're sincere, rather than trolling.

      The parachute analogy is bad. A parachute is an essential part of skydiving. Without parachutes, or if parachutes couldn't be made reliable, nobody would skydive, because chance of injury approaches 100%.

      What's next, if you kill yourself in a car accident, it's your fault? Even if the seatbelt broke because it couldn't take the force of a crash? And it would have saved your life if it was engineered properly?

      The seat belt analogy is pretty good. Seat belts, like wiimote straps, are not essential. You don't expect to use them; they're there "just in case." Without seat belts, people would still drive. With seat belts, people still die in car collisions. They're a good idea, but not something you expect to use.

      If I got into a car crash and we were all wearing seat belts that malfunctioned, and I was horribly crippled for life and everyone I love died, it wouldn't occur to me to sue anyone over the seat belts. I got in a crash. That's an extreme exception, and it's not the seat belt manufacturer's fault I crashed. Seat belts are not "used" (yes, they're worn, but they don't do anything) in the normal operation of a car. That belt exists as a favor to me, to improve an exceptional case (a case that has never happened with me, in nearly 25 years of driving (though I still wear a seat belt)), not because it's something I need.

      But it looks like you would actually blame the seat belt maker, and I don't really think that's a terribly uncommon attitude. And I think that's really sad. I wish all you people would move out of my country so we could have a responsible society, instead of a "blame someone else" society.

      I see the McDonalds hot coffee case has been mentioned here too. Yeah, same issue. Spilling the coffee is an exception. Dealing with exceptions is fine, but shouldn't be a requirement, expecially when the user could also deal with it. Don't spill your coffee, or if you think you're likely to, wear a poncho. Don't throw your wiimote at your TV, or if you think you're likely to, add your own high-tensile steel chain strap, or put some thick plate glass in front of your TV. It's not their fault when you do clumsy things.

      --
      "Believe me!" -- Donald Trump
    52. Re:Get a life by geekoid · · Score: 1

      No one is going to get 'seriously hurt' from a remote that gets away. There just isn't enough force behind it. You would need to throw that thing 90 MPH for someone to get seriously hurt. Woser case would be a black eye. It won't be any worse then mediocre punch.

      Have you been in the real world? It's hard to seriously hurt someone with something that gets accidentally tossed.

      So just slow back on the "dangerously-designed flaws."

      Yes, if the strap breaks due to a design flaw, you could then discuss the responsibility of Nintendo.

      I wonder what the exact nature of this alleged flaw is, becasue I can't find a way for the strap to break under normal operation of the controller.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    53. Re:Get a life by Burpmaster · · Score: 1

      I was pointing out the fallacy in the original post of blaming the victim of a faulty device for the damage it caused. And that the author hid the fallacy by repeating the story with a crucial fact removed to try to make the case sound clear-cut to justify his point of view.

      Kind of like if someone posted "Bob killed Steve. Killing is murder. Bob should go to prison" in response to a story about self-defense. First of all, anyone that thinks knowing that Bob killed Steve is enough to draw a conclusion like that lacks critical thinking skills. You need to know the details. And anyone who responds with that quote to the hypothetical situation is practicing denial: "a defense mechanism postulated by Sigmund Freud, in which a person is faced with a fact that is too uncomfortable to accept and rejects it instead, insisting that it is not true despite what may be overwhelming evidence." That's what's going on en masse in this discussion. So many people are leaving out key facts, but some are even going as far as making stuff up to justify their knee-jerk reaction against all lawsuits no matter how well-justified.

      Of course you're probably going to say "what the hell has this got to do with a game controller" again. In which case, my point is made.

    54. Re:Get a life by AviLazar · · Score: 1

      Seriously, if you break your TV with a remote, its your fault.
      In our society it is always someone elses fault.
      BTW I am sueing you for attempting to blame me. And I will sue you again if you attempt to sue me for sueing you for attempting to blame me.

      --

      I mod down so you can mod up. Your welcome.
    55. Re:Get a life by geekoid · · Score: 1

      DO you ahve an example that might actually apply to the Wii?
      Jarts (I know it as Lawn Darts) had you hurl a pointed object into the air. It was very dangerous by it's nature. It was also damn fun. Of course we used them to throw at everything accept that target.

      You aren't going to kill someone, or even hospitalize someone with a wii remote even if you intentionally threw it at someone. The injury might be a bruise.

      If dropping a Wii remote on your tow breaks it, you need to see a doctor about your exceptionally brittle bones.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    56. Re:Get a life by Sapphon · · Score: 2, Insightful

      Given the quality of American beer, I'm surprised they drank half of it before throwing it away.

      --
      Antiquis temporibus, nati tibi similes in rupibus ventosissimis exponebantur ad necem.
    57. Re:Get a life by Anonymous Coward · · Score: 0

      You broke your TV already, didn't you?

      I don't see how a person can be seriously hurt by an object that weighs less than a pound. It'd be annoying if it smacked you in the head, but even if you get it in the eye, they'd have to put some real power behind the swing to do more than irritate you.

    58. Re:Get a life by Jim_Maryland · · Score: 1

      My daughter has the Wii and about 10 games for it. None of these have a motion that require or even suggest swinging the Wiimote by the strap. Could you list the games that you know of or have that suggest or require swinging the Wiimote?

      In the year that we've had the Wii, we've had many kids and several adults (my parents and in-laws included) play on the console. I haven't seen one case of anyone having the Wiimote slip out of their hand.

      On another note, I'd rather see a nice class action suit against the XBox360 for disk scratching. This wasn't through any action on my son's part and I'm now sitting with two scratched disk. The MS solution was to contact the game vendors and ask for a replacement disk from them (at a cost of about $20 per disk to me).

    59. Re:Get a life by philspear · · Score: 1

      Seriously, if you break your TV with a remote, its your fault.

      What are you talking about? Common sense like this has no place in discussions of lawsuits.

    60. Re:Get a life by Just+Some+Guy · · Score: 2, Interesting

      Look, I'm all about teaching responsibility and consequences of your actions,

      No, you're not.

      but why are you punishing a child for an accident?

      There's a huge difference between punishing him and not buying him a replacement.

      --
      Dewey, what part of this looks like authorities should be involved?
    61. Re:Get a life by mlwmohawk · · Score: 1

      What are you talking about? Common sense like this has no place in discussions of lawsuits.

      Sorry, you're right. What was I thinking.

    62. Re:Get a life by DataBroker · · Score: 2, Informative

      I have kids and proudly side with all of those "pretty goddamn horrible parent"-types. I teach my kids to be more careful by not enabling them to get a free replacement by being careless. Your point is that accidents happen and we will give exemptions for them. In my household, accidents happen and you learn to be more careful so that they don't happen again.

      More simple example: Yes Son, you dropped your ice cream. Take it as a lesson that next time you have an ice cream, you'll stop running around with it (and reduce the likelihood of an accident). For now, you get to clean up the ice cream mess too.

      In a grown up example: I buy a nice sports car. I then speed down the road with it and have an accident. I don't declare "accidents happen!" and replace it. I change my behavior and slow down, watch for cross traffic, and generally drive more safely.

      Of course, I don't believe in luck or fate either. I follow Samuel Goldwyn's quote, "The harder I work, the luckier I get."

    63. Re:Get a life by Burpmaster · · Score: 1

      The Wiimote is engineered to be thrown and/or swung around your hand.

      So is a tennis racket, and a baseball bat. They need straps too, right?

      They have no buttons on them. You don't swing a tennis racquet toward an expensive and fragile device while letting go of the button on the back with your pointer finger, which may for some people cause the three other fingers holding on to lift away a bit as well, as is done in Wii Bowling. Now think about their expanded demographic that they targeted.

    64. Re:Get a life by DataBroker · · Score: 1

      Absolutely right!!! It's not Nintendo's fault at all!!! Obviously it's a design flaw with the TV, as my Wii was made to use with the TV. Heck, the TV even has matching pluggy-things that the Wii fits into. Coincidence!? I think not.

      Once one of my 3 kid breaks the TV, I'll be suing the maker of the TV.

      Ps, nice to meet you MrSmith. It's always nice to meet someone slower than I am. It only took me 3 kids to figure out what was causing them. ;)

    65. Re:Get a life by dwarg · · Score: 3, Funny

      Good point. You should also make sure they pay you back for that second ice cream and charge them a reasonable interest rate until they do, compounded daily of course. That way if they don't have the required funds in the piggy bank when they get home they will be saddled with debt. I wouldn't recommend prepossessing anything of theirs as collateral, that would be cruel, just string them along with minimal payments and subtle threats until you've made enough money to put them through college. Then they'll understand the American way of easy credit.

      Damn, we're gonna be great parents.

    66. Re:Get a life by Burpmaster · · Score: 1

      I'm guessing the WiiMote wasn't designed to be thrown.

      The controller actually was designed for throwing motions. You're just not supposed to let go (obviously). That's why the strap is there.

      If there's games that require throwing, you should look at who the developer was and go after the developers for requiring a WiiMote action that was not within the lines of the specs.

      The number one game for controller throwing, Wii Sports, is published by Nintendo itself and packaged with the console. And even for third parties, Nintendo has a QA role. Nothing gets published for the system without their approval. For example, they make sure no one developing for the Balance Board has users jumping on the thing because that would damage it.

    67. Re:Get a life by Dragonslicer · · Score: 1

      The Wiimote is engineered to be thrown

      [Citation needed]

    68. Re:Get a life by PitaBred · · Score: 1

      Which is why I'm going to require that my little nerdling-to-be also go outside with me and learn how to do that stuff. It's not mutually exclusive, being a nerd and being somewhat athletic.

    69. Re:Get a life by PitaBred · · Score: 1

      No, it's really not designed to be thrown or swung. The remote is meant to be held in the hand, and your hand moved. Anything your hand can't do, the remote isn't meant to do. The safety strap is just that... it's meant to keep the remote from flying off if your cheetos and sweat soaked hands lose their grip. It's NOT meant as something to take constant abuse or strain. It's like those safety chains that are often required for trailers... you don't expect them to take the place of the hitch, but if the hitch fails, they're there for safety.

    70. Re:Get a life by Talderas · · Score: 1

      Throwing motions and throwing are separated by the release as you pointed out. If people are actually releasing the WiiMote when throwing, then they're misusing the product. Of course that hasn't stopped other similar frivolous lawsuits from coming forth, like putting your RV on cruise control and going to make a sandwich.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    71. Re:Get a life by TrekkieGod · · Score: 2, Insightful

      Your point is that accidents happen and we will give exemptions for them. In my household, accidents happen and you learn to be more careful so that they don't happen again.

      No, my point is teaching that when you have an accident, you need to brush it off and try again. It's important to explain to them that the ice cream isn't free, that you're spending money, and to be careful. If the kid threw the ice cream on the ground, or was running around carrying the ice cream, that's another story, but kids have poor motor coordination. Accidents happen for no fault of their own.

      If I'm buying a kid ice cream outside the house, and he accidentally drops it, I make him clean it up and buy another one. What you're doing is akin to telling you kid, "you fell off the bike. I'm not letting you ride anymore today" when you really should be teaching him to get back on the damn bike. No, if you make a mistake the lesson should be to think about what you did wrong, and then try again immediately after trying not to repeat that mistake without spending undue time thinking about how much the mistake hurt you. It has already happened, you can't change it, let's do it better this time.

      Another poster who replied to me made a joke about making the kid pay for the second ice cream. He was joking and trying to make the opposite point, but I could actually get behind that. Kids who still drop ice cream are typically too young to have an allowance, but there's nothing stopping you from telling them to pay it back by doing some chore once you get back home. That's teaching responsibility: it's costing him something, but it's not dwelling on past mistakes.

      --

      Warning: Opinions known to be heavily biased.

    72. Re:Get a life by Hordeking · · Score: 0, Flamebait

      Given the quality of American beer, I'm surprised they drank half of it before throwing it away.

      You'd be amazed at the swill that passes for beer in the US.

      --
      Disclaimer: The opinions and actions of the US Gov't are in no way representative of those held by this author or its ci
    73. Re:Get a life by Anonymous Coward · · Score: 0

      Given the quality of American beer, I'm surprised they drank half of it before throwing it away.

      You obviously have never had a Spotted Cow

    74. Re:Get a life by Gizzmonic · · Score: 2, Informative

      America has the best beer in the world. That's a fact.

      Belgian beer (Budweiser) and South African beer (Coors and Miller) suck.

      --
      (-1, Raw and Uncut is the only way to read)
    75. Re:Get a life by Miszou72 · · Score: 1

      Raquetball raquets have a wrist strap on them, and it's proved its worth on a number of occasions.

      Also, if my 7 year old son wasn't wearing the wrist strap while playing Boom Blox, I would probably be on my 15th TV by now...

      However, I do agree with your last sentence.

    76. Re:Get a life by Miszou72 · · Score: 1
      No one is going to get 'seriously hurt' from a remote that gets away. There just isn't enough force behind it. You would need to throw that thing 90 MPH for someone to get seriously hurt. Woser case would be a black eye. It won't be any worse then mediocre punch

      Have you ever played Boom Blox?

      Some of the levels require you to throw a bowling ball at a tower of bricks. If you are trying to do this while sitting on the couch, you will miss. You have to stand up, 6 feet from the TV and heft a bowling ball at the screen, probably with an overarm action.

      Sure, my 7 year old isn't going to break the TV, but a fully grown man throwing overarm at the TV is going to do some serious damage if the wiimote should fly out of his hand.

      Boom Blox is not a game where the controller might get "gently tossed". It is a game where adults stand directly in front of the TV and throw things at it, as hard as they can.

    77. Re:Get a life by Xtravar · · Score: 1

      Posting AC so my wife won't hit me.

      He is probably that guy who built the robot wife from the story yesterday.

      +1 Informative

      The article yesterday said that the robot, indeed, was programmed to slap people for misbehavior.

      --
      Buckle your ROFL belt, we're in for some LOLs.
    78. Re:Get a life by Anonymous Coward · · Score: 0

      In a national-scale example: You run a car company and decide to focus solely on the design that makes you the most money: huge, honking SUVs. Then you belatedly learn that sometimes things change and people want smaller, more fuel-efficient vehicles which you cannot deliver. So you lose your company through bankruptcy to someone who can better manage it in the new reality.

      Oh, no, wait...you get everyone else to pay for your fuckup and your retooling. Sounds like a second ice cream to me.

    79. Re:Get a life by MikeDirnt69 · · Score: 1

      I heard the new firmware use the wiimote for it.

      --
      Am I eval()? - http://www.monst3r.com.br
    80. Re:Get a life by dougisfunny · · Score: 1

      If you have a baseball, and go through the motions of a pitch, and let go of the ball to throw it it can go really fast.

      If you don't let go of it, and it stays in your hand it isn't going anywhere.

      If it slips out of your hand while you're still trying to grasp it, it will go much more slowly than if intentionally thrown.

      Which of these types of situations was the strap designed for?

      Now say a person is incapable of the intelligence required to hold on to the Wiimote. Or should I say required to even attempt to hold on to it.

      Say a person thinks, "Oh look a strap, I don't have to practice good judgment, I'll just intentionally hurl this at my TV."

      Who is at fault? Nintendo for only designing to mitigate accidents rather than blatant stupidity? Or the morons who intentionally hurl the things at a TV?

      --
      This is not the funny you're looking for.
    81. Re:Get a life by triathlon4life · · Score: 1

      I 100% concur. It really is a sad representation of what we are coming to. I think I am going to sue IDOT. I once road my bike, wiped out, and skinned up my knees really bad. They should have done something with the concrete. Oh, and then I am going to sue the bike manufacturer for not providing a fluffy pillow surrounding for when you fall. If we dig deep enough, I know one of these organizations must have covered up evidence.

    82. Re:Get a life by Anonymous Coward · · Score: 0

      testing

    83. Re:Get a life by Burpmaster · · Score: 1

      Throwing motions and throwing are separated by the release as you pointed out. If people are actually releasing the WiiMote when throwing, then they're misusing the product.

      Or they're bowling in Wii Sports. Have you played it? As I pointed out in another comment, you're intended to make a whole bowling motion toward the TV. It starts when you begin holding down the trigger (B) button on the back, then you do a backward and forward swing, treating the controller like the bowling ball. At the point you would release a real ball, you have to release the B button, taking one of the four fingers gripping it completely off. You're likely to at least loosen your grip with the remaining three fingers at that point. And let me point out that this is the exact moment you would release a bowling ball to make it go flying forward.

      Oh, and they're trying to get a broader market with this thing. Younger kids and older adults. On top of that, people who don't otherwise play video games and won't have as much coordination. See a problem yet?

      I'm not trying to ruin anyone's fun. I'm not saying the Wii shouldn't exist, or it shouldn't have bowling, or anything close to that. To the contrary, I love the Wii. I bought the system as soon as I could find it in stock. I have four controllers, a dozen retail games, and a bunch of WiiWare on top of that. And I have an NES, SNES, N64, GameCube, GBA, and DS. I'm not trying to ruin anything. All I'm saying is that the strap shouldn't break. That's all.

      Of course that hasn't stopped other similar frivolous lawsuits from coming forth, like putting your RV on cruise control and going to make a sandwich.

      That never happened. It was an urban legend created when the reflexive anti-lawsuit point of view couldn't be supported with true stories. 1 2

    84. Re:Get a life by Ironica · · Score: 1

      Dirtside, is that you?

      If it's not, then it's your fault I have to slap him when I get home.

      --
      Don't you wish your girlfriend was a geek like me?
    85. Re:Get a life by Ironica · · Score: 1

      No, my point is teaching that when you have an accident, you need to brush it off and try again. It's important to explain to them that the ice cream isn't free, that you're spending money, and to be careful. If the kid threw the ice cream on the ground, or was running around carrying the ice cream, that's another story, but kids have poor motor coordination. Accidents happen for no fault of their own.

      I totally agree.

      Now, here's a scenario where I might *not* replace the treat (it wouldn't be ice cream, as he's allergic to dairy ;-): I get my son his treat, I say, "Let's sit down to eat it so you don't spill." We find a place to sit down, but he keeps getting up and generally being playful in ways that are hazardous to his treat. I remind him: "When you jump up and down like that, you're more likely to spill your treat. Please sit down."

      Continues happening, I say this time: "You'll be very sad if you spill your treat and there's no more." NOW, if he spills it, fair warning: he gets no more. finite resource.

      I see way, WAY too many kids expected to do things that they don't have the developmental capability to do, and even more expected to know the potential consequences of actions before they happen. If you don't help him draw the connection between the careless behavior and the loss of the treat until the loss occurs, he's going to be too distracted with his disappointment to learn from the experience. If you draw the connection *in advance*, and then follow through (with empathy: "Oh, you're sad that your treat is all gone!" [hugs etc. as appropriate]), they don't turn you into the enemy who deprived them of their treat, and instead recognize that it's a natural consequence of the behavior.

      --
      Don't you wish your girlfriend was a geek like me?
    86. Re:Get a life by TrekkieGod · · Score: 1

      I see way, WAY too many kids expected to do things that they don't have the developmental capability to do, and even more expected to know the potential consequences of actions before they happen.

      Precisely. I think it's important to teach responsibility, and it's fair game to deny a replacement when there's been a warning, or when the treat / ice cream is spilled because of behavior you're want to discourage. In that case, the punishment is well deserved and there's a clear connection of action to consequences: "I told you not to jump up and down because you might spill it, and now you've spilled it." The lesson is clear.

      On the other hand, it's also important to learn that when bad things happen, your life isn't over. The grandparent gave his "adult example" of driving irresponsibly and crashing, and he said that next time he's not going to just brush it off and perform the same irresponsible behavior again. However, notice he also didn't say, "oh, I wrecked my car, so I'm not going to get a new one." After you do something that has unintended consequences, you can't go back in time. You need to learn to accept the consequences, learn to avoid them in the future by changing your behavior, but without the need to punish yourself further.

      --

      Warning: Opinions known to be heavily biased.

    87. Re:Get a life by jhantin · · Score: 1

      Belgian beer (Budweiser) and South African beer (Coors and Miller) suck.

      I wouldn't say all Belgian beer sucks, though. I'm kind of partial to Lindemans lambics.

      --
      ...when you're writing a game...tweak the difficulty of "Easy" to something [your mother] can cope with. -- onion2k
    88. Re:Get a life by Chris+Burke · · Score: 2, Insightful

      The lawsuit is over the wristband itself being nothing more than a false sense of security.

      And I have to admit, that's always been the most surprising part to me, that the wiimote strap was under-engineered instead of over. Nintendo doesn't usually slouch on the durability of their products. There's tons of videos out there where the wiimote will hit a tv, a wall, the floor, etc, but the wiimote always works just fine even after multiple impacts. I saw one where some frat boy was playing Wii Baseball and was literally pitching fast balls and he threw the wiimote directly into a wall at close range twice. It worked fine.

      But the straps were flimsy pieces of garbage? Even if the only purpose of the strap as far as Nintendo was concerned was so that you wouldn't drop it, I would have expected it to be strong enough to survive any abuse a player could dish out. The controller itself can, and it has to be harder to make a cheap plastic shell that can withstand that abuse than a cord.

      I really never expected this from Nintendo. So I gotta say, even if I do think the lawsuit is a little silly, it's such a screwup I can't say they don't deserve it.

      --

      The enemies of Democracy are
    89. Re:Get a life by Anonymous Coward · · Score: 0

      If you flick your wrist quickly, you can throw the balls in Boom Blox with plenty of force. You don't actually have to throw from the shoulder, although it does make gameplay more fun.

    90. Re:Get a life by Anonymous Coward · · Score: 0

      You apparently didn't play all of those mini-games (many made by Nintendo) that require you to do things like "drop" the remote, or swing it around... Sadly, for those games, the remote is required.

    91. Re:Get a life by Tim+MacDonald · · Score: 1

      It actually is. There's a linear scale, from Athletic (far right) to Pasty-faced nerd (far left). The middle is the average populace. Intelligence increases as you travel left on the bar, athleticism and attractiveness increases as you move right.

    92. Re:Get a life by HungryHobo · · Score: 1

      god, people are so stupid with the controllers, you can achieve the same result with a tiny flick of the wrist but no.
      Retards with toungs rolling, arms and legs flying and eyes closed decide the only way is to launch the controller into space in front of them.

      Such is not nintendos fault, it is the retards fault.

    93. Re:Get a life by HungryHobo · · Score: 1

      By your reasoning:
      You know when you hook a trailer up to your car?
      there's a safety chain you can put on as well.
      The trailer is used at high speeds on public roads.(much more dangerous than a living room)

      One day a retard buys a new trailer, looks at the hitch and then just loops the safety chain over.

      He doesn't actually hook the trailer on properly. He doesn't use his brain.

      He starts driving with only the safty chain holding the trailer. After an amazing 60 miles the strain on the chain on a hairpin turn at 100 MPH is too much and it breaks. The trailer flys away damaging his car or someone elses.

      He then sues the trailer company because he dun be too stupid to use it properly and it wasn't idiot proof enough.
      Should this manufacturer be held responsible because even though their safety measure did what it was supposed to, it couldn't withstand a motivated fool? when their designed product failed under strains it would never be put under by a user with an IQ in double figures?

      Was it his fault or the trailer makers fault?
      Did they not consider their target demographic before adding a safety feature?

      This is why your argument is stupid.

    94. Re:Get a life by Burpmaster · · Score: 1

      The worst part here is that I think you're sincere, rather than trolling.

      Well, I have to say I am rather disturbed by you and the groupthink exhibited in this discussion.

      The parachute analogy is bad. A parachute is an essential part of skydiving. Without parachutes, or if parachutes couldn't be made reliable, nobody would skydive, because chance of injury approaches 100%.

      I never said you were skydiving, I just said you jumped out of a plane. Maybe the engine failed. A parachute can be a safety device, too. But it didn't have to be a good analogy (to the Wiimote incident) anyway, because I said it to demonstrate the fallacy being invoked. It was intended more as an analogy to that fallacy.

      The seat belt analogy is pretty good. Seat belts, like wiimote straps, are not essential. You don't expect to use them; they're there "just in case." Without seat belts, people would still drive.

      I may not expect to use seatbelts, but I expect them to function.

      With seat belts, people still die in car collisions. They're a good idea, but not something you expect to use.

      Kind of like a lock. With locks, people still get burglarized, but I'd still be angry at the lock company if I came home, twisted the door knob, and found that my locked door opened without my key. What would you do? "Oh well, if I was burglarized, it'd be the burglar's fault, so no big deal..."

      If I got into a car crash and we were all wearing seat belts that malfunctioned, and I was horribly crippled for life and everyone I love died, it wouldn't occur to me to sue anyone over the seat belts. I got in a crash.

      I don't believe that, and you can't know that.

      That's an extreme exception, and it's not the seat belt manufacturer's fault I crashed.

      It's not the paramedics' fault you crashed either. Is it OK if they do nothing, too?

      Seat belts are not "used" (yes, they're worn, but they don't do anything) in the normal operation of a car. That belt exists as a favor to me, to improve an exceptional case (a case that has never happened with me, in nearly 25 years of driving (though I still wear a seat belt)), not because it's something I need.

      But it looks like you would actually blame the seat belt maker,

      I'm not blaming, I'm holding responsible. But I'll get to that.

      and I don't really think that's a terribly uncommon attitude. And I think that's really sad. I wish all you people would move out of my country so we could have a responsible society, instead of a "blame someone else" society.

      A "blame someone else" society? It's so ironic you said that. You're the one talking about blame. You're the one so concerned about who gets blamed. You keep saying who is and isn't at fault. When somebody crashes a car, you make sure to blame them. You are blaming someone else.

      What happens when you are responsible for engineering a seatbelt? How good of a job are you going to do if you believe that if it breaks in a crash, it's someone else's fault for crashing their car? Are you going to blame someone else to avoid responsibility? I can think of nothing more anti-responsibility than an ideology that won't hold a car company responsible if their seatbelts break in a crash.

      I'm not trying to "blame someone else" at all. I'm just trying to fix the damn problem. So I want them to be held responsible, financially. Because when they're figuring their profit maximization formula, their liability for injury or damages will go into the equation. The courts have a regulatory effect on the free market that makes it actually care about product quality and safety.

      And as a person opposed to this regulation, you play a role in the damage, injury, and death caused by unsafe products. What do you do when this is pointed out? You blame someone else.

    95. Re:Get a life by Hordeking · · Score: 1

      Hey, I wouldn't be caught dead drinking Budweiser. It's basically water. Mass-produced lager is generally not very good, but a lot of Americans drink it because they don't know any better (yes, I'm as American as apple pie). Victory beer, anyone?

      --
      Disclaimer: The opinions and actions of the US Gov't are in no way representative of those held by this author or its ci
  2. I'm dubious about this. by nhaines · · Score: 5, Insightful

    Frankly, I've dropped my Wii remote a total of once, maybe twice. And I mean I let go of it while standing idle. None of my family was confused about whether they should throw the remote, and the only ones I've had to deal with were my godchildren who liked to swing the remotes while idle, and not let go while playing.

    I don't find the remotes particularly difficult to grasp, and while I have replacement straps, I still have the originals on the remotes. As much as I feel bad for anyone who accidentally threw a remote through a window, lamp, or TV, I just have difficulty believing that somehow Nintendo is to blame for this, or that they should be liable.

    1. Re:I'm dubious about this. by Nulifier · · Score: 1

      I agree the idea of suing someone for you breaking your own TV is quite ridiculous.

      If I throw a brick through my TV should the brick company be liable?

      Soon there will be a ream of lawsuits of people who threw their PS3/Xbox controllers through the screen in frustration at a game.

    2. Re:I'm dubious about this. by Anonymous Coward · · Score: 1, Interesting

      If the Wiimote had no strap then you'd have a point, however the Wiimote does have a strap, which implies that one is needed, which implies that someone can sue if it malfunctions/breaks.

    3. Re:I'm dubious about this. by Antique+Geekmeister · · Score: 4, Informative

      Just like the idea of suing McDonald's for spilling hot coffee in your own lap, it sounds silly until you look at the pattern.

      * The directions for the Wiimote encourage robust swinging of the control for various games, such as tennis, basketball, and exercise programs.
      * Kids, whose coordination is not that good and whose hands are not that strong, are encouraged to play with these things. This makes such accidents far more likely.
      * Nintendo had already received a number of complaints about the straps, but continued to sell the flimsy versions.
      * Nintendo hid the complaints in the previous lawsuit, which is a violation of the relevant 'discovery' procedures that their own lawyers should have prevented.
      * The new strap apparently also fails.

      That's more than enough for a reasonable lawsuit holding Nintendo liable for destructions that they knew were not rare, and which they apparently lied about the existence of. It's not like throwing a brick: it's like a hammer with such a slick handle, it's likely to slip from your hands.

    4. Re:I'm dubious about this. by Free+the+Cowards · · Score: 5, Insightful

      And just like the McDonald's coffee lawsuit, it continues to sound silly even after becoming familiar with all the facts.

      --
      If you mod me Overrated, you are admitting that you have no penis.
    5. Re:I'm dubious about this. by XnavxeMiyyep · · Score: 1

      If I were to throw a baseball and it broke a window or hit someone in the head, should I be able to sue the baseball company? It's INTENDED to leave my hands at a high speed in an outdoor environment.

      --
      I put the 't' in electrical engineering.
    6. Re:I'm dubious about this. by Anonymous Coward · · Score: 1, Insightful

      and the wiimote is intended to NOT leave your hands.

    7. Re:I'm dubious about this. by TapeCutter · · Score: 1

      Of course you should be able to sue but it would be unfortunate if you were able to win.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    8. Re:I'm dubious about this. by Anonymous Coward · · Score: 5, Insightful

      It's INTENDED to leave my hands at a high speed in an outdoor environment.

      The Wii remote is not intended to leave your hands at any speed, it is also not intended for use in an outdoor environment.

      You might as well complain that the Wii remote can't be used as a kitchen utensil, despite the implied promise made by Cooking Mama.

      I don't think Nintendo should be held liable for people who throw their remotes, any more than they should be liable for damages caused by other misuses, like stirring cake batter.

      However, if they really have hidden evidence from the court, as they are accused of, then they should be punished for that.

    9. Re:I'm dubious about this. by Arker · · Score: 2, Interesting

      And just like the McDonald's coffee lawsuit, it continues to sound silly even after becoming familiar with all the facts.

      Hear hear! I'm so sick of the incessant and ludicrous attempts to defend that nonsense.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    10. Re:I'm dubious about this. by Elrond,+Duke+of+URL · · Score: 1

      I think a better analogy would be yo-yos. They've got strings and they attach to your hand and, depending on what tricks you do with them, you can be throwing them or swinging them. Common sense says that if the string breaks and the yo-yo hits a TV or a vase, the manufacturer probably isn't liable.

      It's not the same, obviously, since a Wiimote is meant to be used near a TV, but the strap is for accidents. It's not meant to protect you from yourself. Throwing the Wiimote like a fastball is just asking for trouble.

      --
      Elrond, Duke of URL
      "This is the most fun I've had without being drenched in the blood of my enemies!"-Sam&Max
    11. Re:I'm dubious about this. by pembo13 · · Score: 1

      Yes, obviously it's the Japanese company's fault that an American can't hold on to a device. Even if Nintendo specifically had instructions on a game saying to fling control at screen, you'd still be an idiot for doing so. The controller shouldn't even have needed a strap in the first place. Its not likely the control has its on propulsion system.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    12. Re:I'm dubious about this. by Karl0Erik · · Score: 3, Insightful

      So by your logic they wouldn't be liable if they hadn't supplied a strap despite the fact that this would have caused [i]more[/i] accidents, not less? In other words, car companies become liable for damages caused by car accidents because they have included seatbelts? Legally, you might have a point in that this indicates Nintendo considering this a potential problem and thus, legamagically, they are liable for said problem, but are you really saying that taking steps to prevent morons with cheeto-covered hands from destroying their TV because of overenthusiasm makes them liable for a TV that is destroyed despite their efforts? Does this mean that I could be charged with battery/murder/criminal charges if I try to help out a guy being beat up on the street, chase the attackers away but still fail to prevent him from dying in the hospital later? Why, exactly, does recognizing that if your customers act like morons and ignore the guidelines you suggest they might cause problems for themselves and making a small effort to prevent some of these problems make you a bad, bad company?

    13. Re:I'm dubious about this. by k-macjapan · · Score: 1

      Next up Mc Donalds is being sued for cold ice...

    14. Re:I'm dubious about this. by Karl0Erik · · Score: 1

      Whoops. Of course that was meant to be 'more' and not '[i]more[/i]', sorry.

    15. Re:I'm dubious about this. by shadanan · · Score: 1

      IANAL, but the analogy is flawed. The car company may in fact be liable if the seatbelts malfunction. In this case, Nintendo is being sued because the safety strap malfunctioned.

      Not that I disagree with you; I have no sympathy for people who destroyed their television by pelting a Wiimote at it.

    16. Re:I'm dubious about this. by MaXMC · · Score: 1

      Those who ruined their TV's where not kids...

    17. Re:I'm dubious about this. by Anonymous Coward · · Score: 0

      Even if Nintendo specifically had instructions on a game saying to fling control at screen, you'd still be an idiot for doing so.

      There actually are games where you are supposed to "drop" the controller (WarioWare). I think that before this happens you see a screen, which says that you have to have the wrist strap attached.
      But if the strap would fail here, I would say that breaking the controller would be Nintendos fault.

    18. Re:I'm dubious about this. by pembo13 · · Score: 1

      Well the controller never gets damaged. Like many of other Nintendo products, it's seemingly indestructible.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    19. Re:I'm dubious about this. by jimicus · · Score: 0, Troll

      Hear hear! I'm so sick of the incessant and ludicrous attempts to defend that nonsense.

      So what you're saying is it's perfectly reasonable to serve coffee so hot it can give you third degree burns?

    20. Re:I'm dubious about this. by Anonymous Coward · · Score: 0

      Yep ridiculous to sue when they'd been told that they were risking serious injury multiple times, caused THIRD DEGREE BURNS on their victim and still refused to acknowledge any fault or change their practice. There's hot coffee then there's third degree burns coffee - if their ice was at 1K when served they'd get sued too for causing damage to those who ingested it.

      So stop being a moron and think about the relevant facts for once, would ya?

    21. Re:I'm dubious about this. by Anonymous Coward · · Score: 1

      Yes, because the temperature the coffee was served at was a completely NORMAL, industrial standard, coffee temperature. If you prepare coffee at a lower temperature, it tastes bad. The 3rd degree burns were a result of the lady sitting in the coffee for several minutes.

    22. Re:I'm dubious about this. by dougisfunny · · Score: 1

      Well, if it was cold enough... it would be valid.

      --
      This is not the funny you're looking for.
    23. Re:I'm dubious about this. by Anonymous Coward · · Score: 0

      I don't see how that is even possible. As far as I remember the temperature was at least ten or twenty degrees lower than the boiling point for water. I've personally managed to dump boiling water on my woolen clad foot. I didn't manage to remove the sock instantly and I got 2nd degree burns.

      I've also managed to light my brother on fire, by accident, with denatured ethanol. His chest was on fire for up to ten seconds before I got close enough with a water hose. He did not get 3rd degree burns but he did require medical attention.

      Getting 3rd degree burns from smallish amounts of water that isn't boiling seems like a really difficult thing to do. Perhaps if you had thick clothes and sat really still for an extended period of time.

    24. Re:I'm dubious about this. by UltimaL337Star · · Score: 1

      It's INTENDED to leave my hands at a high speed in an outdoor environment.

      Like a baseball bat (:

    25. Re:I'm dubious about this. by Anonymous Coward · · Score: 0

      However, if they really have hidden evidence from the court, as they are accused of, then they should be punished for that.

      Why? Is it the duty of defendants now to provide evidence that might be used against them when the prosecuting party is unable to find any itself?

      (That's a serious question, BTW - I'm not from the USA, and not familiar with the US legal system, especially in civil cases.)

    26. Re:I'm dubious about this. by Yer+Mum · · Score: 1

      The first thing you do when you fire up a game is get a warning about using the Wiimote. At that point the most you should have done is point it at the screen and press A, not thrown it at the screen in an attempt to get the game started.

      So on the one hand we have weak kids causing accidents using the remote so weakly that the weak strap breaks and on the other we have people who are so strong that they break the new strap when they're waving the remote around.

      Ah, lawyers...

    27. Re:I'm dubious about this. by karstux · · Score: 1

      When I prepare coffee, I do it with boiling water. Hence, I would expect freshly made coffee to be nearly boiling hot. So I handle it carefully until it has cooled sufficiently. That much self-preservation can be expected from anyone.

      It's not like they were serving a cup of lava or molten salt...

      --
      Don't whistle while you're pissing.
    28. Re:I'm dubious about this. by Insanity+Defense · · Score: 1

      Why? Is it the duty of defendants now to provide evidence that might be used against them when the prosecuting party is unable to find any itself?

      Because sometimes (especially in corporate cases like this) only they have the evidence. In criminal cases the police may sieze your home and vehicle for example and do a detailed search. In a civil suit like this they don't normally do that but ask you to turn over specific things. In this case the records of how many such incidents occurred. How could anyone else have those records?

      Imagine if you had a book published and you believed the publisher had not paid you royalties on all books sold, who has the records on the number of books sold? Only the publisher. So how could you get the evidence against them in a civil case if they can keep those records from you?

    29. Re:I'm dubious about this. by stuntpope · · Score: 5, Insightful

      My camera came with a strap. If I were dangling my camera by its strap, not holding the actual camera body, and the strap broke and my camera smashed to the pavement, it would never occur to me to sue the camera manufacturer. My thoughts, after the "oh shit" would be, "I shouldn't have been doing that and should have been more careful."

    30. Re:I'm dubious about this. by Anonymous Coward · · Score: 0

      Does this mean I can sue Microsoft because my XBOX controller mysteriously sails across the room when I get shot in the head playing Halo?

    31. Re:I'm dubious about this. by bi_boy · · Score: 4, Informative

      And just like the McDonald's coffee lawsuit, it continues to sound silly even after becoming familiar with all the facts.

      If you were actually familiar with the facts it would not sound silly.

      The Actual Facts About The Mcdonalds' Coffee Case

      Wiki page on case

      It should also be noted that Liebeck (the woman who received the coffee burns) initially sought $20,000 to cover her $11,000 in medical expenses and that McDonald's refused and offered her $800. And also that during discovery, McDonalds produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1992. Some claims involved third-degree burns substantially similar to Liebecks.

      Corporations are not defenseless little orphans being picked on by frivolous lawsuits. They are soul-sucking goliaths of wealth and power that would willfully break the law and/or harm people if the reward outweighed the projected risk. Granted in the McDonalds coffee case it looks like it was callous indifference that prevented them from reducing the holding temperature of their coffee despite the number of burn incidents over the years until coming to a head in the Liebeck case.

      --
      Chicken fried butter sticks? Do ... do you use a fork? - Black Mage, 8-Bit Theater
    32. Re:I'm dubious about this. by Anonymous Coward · · Score: 0

      About that McDonalds "Hot Coffee" lawsuit...

      It's actually a good thing that she spilled it on herself rather than actually drinking it. It was so hot that it blistered and scalded her. Image the damage from that blistering and scalding being in the mouth let alone down the throat.

      Most of the campaign against that kind of lawsuit is instigated by corporations who do not want to be held liable for negligent acts towards their consumers (which is you guys; stop supporting corporations in their attempts to not be held responsible for anything they do to you)

      As for the Wii-mote thing; It does seem silly, but I've seen these things flying because people (generally non hardcore gamers) get too into it, and relaxed their grip. It's not just kids, idiots, or people with no hand eye co-ordination. Those straps are simply not fit for purpose if they have enough of a failure rate that it becomes an issue. Furthermore, if the lawyers were *hiding* facts that are supposed to be disclosed, that is overt wrongdoing and suggests to me that someone was aware that this was neither a small and isolated problem, nor a minor issue.

      IANAL, but I count a fair number of them as my close friends... so I know the some of the shennanegans that are common, and hiding crap is common (and discovering the hidden crap is awesome because you can nail them for it)

    33. Re:I'm dubious about this. by Anonymous Coward · · Score: 0

      With enough force everything breaks! Nice line you are drawing Mr. Geekmeister, Esquire

    34. Re:I'm dubious about this. by tg123 · · Score: 1

      I don't see how that is even possible................ I've also managed to light my brother on fire, by accident, with denatured ethanol.....

      LOL

      "by accident" ... bullshit. I suppose when you lit the match that was an accident as well.

    35. Re:I'm dubious about this. by D+Ninja · · Score: 1

      Uh. Yes. Coffee is hot.

      As for why she got third degree burns, it was due to the fact that she sat in the coffee for 90 seconds while it scalded her skin. Ummm...WTF? I would have been ripping off those pants as quick as possible.

      Of course, in all fairness, she hadn't actually had her coffee that morning, so her brain was probably moving a little slower and she didn't realize that it was hot. :: end sarcasm ::

    36. Re:I'm dubious about this. by Anonymous Coward · · Score: 0

      Most of you seem to think people are just throwing their controllers. In my experience, that's not what caused the majority of problems.

      I purchased a Wii and one additional Wii-mote at launch, for a total of two original controllers/straps. Roughly one year after purchase one strap snapped mid tennis swing, and made a pretty good dent in the wall. Had it been a few degrees in the other direction, it could have seriously damaged my TV. About a month later a friend was over with his controller, and while bowling his snapped, rolled along the floor, and smacked into the glass doors of our entertainment center.

      If you've never seen the old straps it's very obvious that they were insufficient. Not only that, but the material they used became brittle over a very short period of time.

      Should Nintendo have to compensate consumers? I guess that depends how knowledgeable they were about the flaws in their strap design. It's important to note that they did provide a free replacement program, but many users were not aware of it until after the damage was done.

    37. Re:I'm dubious about this. by stuntpope · · Score: 3, Insightful

      This also got me thinking about guitars. The first thing a lot of guitarists do when they get a guitar is put strap locks on it. Some people feel that certain guitars have too small of strap buttons, or just in general they don't trust the ones that come on any guitar. I personally don't use locks, but have experienced and seen guitars hanging around the player by the strap, no hands, and suddenly the strap comes off and the guitar falls (I've caught mine, whew).

      It's a known fact that there is a risk your guitar strap may slip off the guitar, and aftermarket strap locks address that risk. Yet I've never heard of lawsuits trying to get all guitar manufacturers, or strap manufacturers, to include strap locks or otherwise redesign the standard strap buttons on guitars or holes for buttons in the strap. I suppose some people have tried suing or filing a warranty claim for their busted guitar, but were told it was negligence, end of story. Of course, the falling guitar is usually only damaging itself, not a secondary item like the Wii remote smashing a TV, but the dollar amount of damage could be similar.

      Since the Wiimote strap is not a safety device and is a convenience feature, I cannot agree that Nintendo is liable.

    38. Re:I'm dubious about this. by Arker · · Score: 5, Insightful

      So what you're saying is it's perfectly reasonable to serve coffee so hot it can give you third degree burns?

      Yes, of course. Doh. How do you make coffee? You boil water! Knock knock, anyone home? Fresh coffee is too hot to drink. Learning to uncover it and let it cool slightly before you drink it, and to take care with the first few drinks in particular to notice the temperature and if necessary back off and let it cool another couple degrees isn't rocket science, it's basic common sense.

      At the time this occured I was working an early job and it was my habit to get a hot coffee at the drivethrough each day on my way to work. It came in a cup with cover and carrier and I would put it in its place, make sure it was stable, and then continue on my morning commute. By the time I got on down the road to the point where I stopped the car and then opened my coffee, it had cooled to just the perfect temperature to drink. And all was well.

      Then this idiotic woman orders hot coffee, pours it down her pants, and sits there for a minute and a half to make sure her skin is seriously damaged, and makes bank on it. As a consequence, I and everyone else in the country suddenly found that, not just the chain that got sued, but every drive-through, would no longer serve fresh hot coffee, but instead could offer only pre-cooled coffee that was drinkable immediately.

      If I had time to drink it immediately I wouldnt be in the drive-through.

      I've heard all the apologetics that get trotted out everytime this is mentioned, and it's frankly disgusting. The fact is the woman did something really dumb and hurt herself, then sued. She should have been laughed out of court. Instead, she and her lawyer got a huge payday, and each and every one of the rest of us, millions I have no doubt, who day in and day out bought the same coffee and had no problems because we used common sense, got screwed.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    39. Re:I'm dubious about this. by Anonymous Coward · · Score: 0

      thats a completely different scenario, and if you had the money sueing the company could get you another free camera as settlement. this is a case of if you were swinging your camera about by the strap.

    40. Re:I'm dubious about this. by Anonymous Coward · · Score: 1, Insightful

      So, if a bunch of people do the same stupid thing, it magically becomes someone else's fault? when will people learn to take responsibility for their own actions? when will they realize that things they do have consequences and they can't expect to just blunder through life haphazardly and expect to be safe?

    41. Re:I'm dubious about this. by LingNoi · · Score: 1

      Not if the driver is ignoring driving laws and kills himself.

      If you ignore the rules to the wii mote and break your TV, it's your problem.

    42. Re:I'm dubious about this. by Lord+Byron+II · · Score: 1

      A restaurant should never hand you any liquid hot enough to cause disfiguring burns when you're sitting a car.

    43. Re:I'm dubious about this. by LingNoi · · Score: 1

      I'm going to have to said with the evil company this time seeming as there are idiots that kill themselves by drinking too much water.

      Should we sue the water company if that happens?

    44. Re:I'm dubious about this. by LingNoi · · Score: 1

      Maybe because McDonalds is right and some people are just fucking dumb.

      Then what usually happens when dumb people get hurt? They sue because nothing is ever their fault, hence why they're dumb in the first place.

    45. Re:I'm dubious about this. by Jason+Levine · · Score: 1

      I agree. I've had a Wiimote fly out of a hand while playing... out of my 5 year old's hand. (The strap was on and kept it from going too far.) That only happened once. We had a nice talk about letting go and it hasn't happened since. Unless these people have a mental age of 5, I don't see why someone's Wiimote should fly out of their hands. And if your mental age is 5, maybe you shouldn't be playing Nintendo Wii unsupervised.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    46. Re:I'm dubious about this. by Anonymous Coward · · Score: 1, Funny

      Obviously, you're not a real American.

    47. Re:I'm dubious about this. by russotto · · Score: 1

      That "fact sheet" from the American Trial Lawyers Association doesn't make the case any less stupid. Coffee is hot. Yes, hot enough to burn you badly, particularly if you dump a whole lot of it on your genital area.

    48. Re:I'm dubious about this. by shadanan · · Score: 1

      That's just it though, isn't it? What rule was the user ignoring that caused him/her to break the TV? Were they wearing the strap? Apparently, yes, because the strap malfunctioned.

    49. Re:I'm dubious about this. by arthurpaliden · · Score: 1

      The only thing that gets hit by the WiiMote in our house is the dogs head. Which is really bad because it really screws up your shot.

    50. Re:I'm dubious about this. by porcupine8 · · Score: 1

      Then why had they been warned previously by company inspectors to lower the temperature of the coffee?

      --
      Warning: Apple/Nintendo fangirl. Likes her electronics cute & cuddly. May be rabid.
    51. Re:I'm dubious about this. by Anonymous Coward · · Score: 0

      A friend of mine was at a McDonalds with his kids recently; the server tripped while bringing his coffee. His daughter was treated for burns, but they likely would have been much worse if the coffee was still being served at the old, super-hot temperatures. It's a shame that it took a lawsuit to get the temperature reduced, but these kinds of accidents happen all the time. (This was in the UK, btw, so there's no talk of a lawsuit in their case.)

    52. Re:I'm dubious about this. by kabocox · · Score: 1

      My camera came with a strap. If I were dangling my camera by its strap, not holding the actual camera body, and the strap broke and my camera smashed to the pavement, it would never occur to me to sue the camera manufacturer. My thoughts, after the "oh shit" would be, "I shouldn't have been doing that and should have been more careful."

      I'd end up buying a new device because I'd never believe that it was possible for me to get money out of the manufacturer. If I thought there was a good shot of me getting my money back for the device, I'd certainly join up on board a class action lawsuit.

      If your luggage handle or strap broke and spilled the contents of your bag and damaged what ever you had instead, you'd like the maker to give you some form of compensation. You wouldn't expect to be able to actually collect any, but if you could get your clothes dry cleaned, replaced, or broken bag replaced, you'd feel a bit better. If you could get that kinda of service, without having to go to court in a class action lawsuit, you'd be really happy with that company.

    53. Re:I'm dubious about this. by LingNoi · · Score: 1

      The rules of use which flash up every time you turn on the wii maybe?

    54. Re:I'm dubious about this. by shadanan · · Score: 1

      Indeed. They are quite annoying. You can't even skip them.

    55. Re:I'm dubious about this. by Free+the+Cowards · · Score: 1

      If you were actually familiar with the facts it would not sound silly.

      Wrong, wrong, wrong. I stated in my original post that I'm familiar with the facts. Why do you refuse to believe me? Newsflash: people can have different opinions even if they all have the same facts. It just so happens that I am familiar with the case and I still think it was ridiculous.

      --
      If you mod me Overrated, you are admitting that you have no penis.
    56. Re:I'm dubious about this. by geekoid · · Score: 1

      If the used frozen nitrogen for ice, were told to stop doing it, had records of many people getting seriously injured, kept doing it and then it put someone in the hospital for 10 days, then yes, they would be liable.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    57. Re:I'm dubious about this. by geekoid · · Score: 1

      She was elderly and she was trying to get it off. Her son got out of the car and ran around to the passenger seat to help her.

      She was in the Hospital for 10 days.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    58. Re:I'm dubious about this. by Glimmerdark · · Score: 1

      I can understand this point. but it's not like a hammer with a slick handle. the wii mote is fairly light, with most of the weight in the battery pack towards the back, solidly in your grip. the rubber gripping sleeve provides very good 'traction' to prevent a slipping grip, even taking sweaty hands into consideration. while i have not even come close to testing every game released for the system, the ones i am familiar with don't suggest wildly swinging or throwing the remote against the strap purposefully, and the game play doesn't reward that behavior with increased performance. I can honestly say i've never had the remote slip from my hands, but i have 'released' it in between periods of play, and the strap has always served perfectly well to prevent the remote from hitting the floor. I would not expect it to hold if i was to swing with full force and let go (accidentally or otherwise). I understand the idea that 'kids use this, and they don't understand' and it's a valid point, your child, or children in the house, are much more liable to use devices inappropriately than a knowledgeable adult. however, with other technology- we don't blame the tech, we blame the kids. why is this different? isn't it an adults job to encourage the proper use of technology? if a child was putting toys or food into the 'little cave' in your VHS player, would you blame the VCR manufacturer? if your children were playing frisbee with your dvd/cd collection, would you sue the manufacturer because they failed to play afterwards? (it looks like a frisbee, shouldn't it act like one?) if your children break their bed due to jumping on it -popping springs, breaking the frame- is it the manufacturers fault, (as clearly, it allows them to bounce on it, so bouncing should be part of the intended use?). I could go on and on with these examples, some much more serious, while others would admittedly be a stretch of reality, but no less true. receiving complaints about the strap failing were likely heard much as the majority of slashdot views them. as people misusing the device. once it reached a 'critical point' they released a stronger strap to provide a bit of protection for people being a bit too strenuous with the device. that doesn't imply that the strap, or any strap- will keep the remote on your arm no matter what you do.

    59. Re:I'm dubious about this. by interploy · · Score: 1

      ...The fact is the woman did something really dumb and hurt herself, then sued. She should have been laughed out of court. Instead, she and her lawyer got a huge payday, and each and every one of the rest of us, millions I have no doubt, who day in and day out bought the same coffee and had no problems because we used common sense, got screwed.

      There needs to be a +5 Common Sense mod for this man.

    60. Re:I'm dubious about this. by AviLazar · · Score: 1

      However, if they really have hidden evidence from the court, as they are accused of, then they should be punished for that.
      WHich is criminal, not civil.

      Also some people have mentioned force that adults can potentially swing an object and flowed right into a sentence "and little kids don't have the strength to hold something at that force". Except little kids aren't swinging their arms with 200 lbs of force - and I don't know many adults who CAN do that.

      --

      I mod down so you can mod up. Your welcome.
    61. Re:I'm dubious about this. by stuntpope · · Score: 1

      If I thought there was a good shot of me getting my money back for the device, I'd certainly join up on board a class action lawsuit.

      Even if you thought it was ridiculous to blame the company for your loss of control over the product?

      As to luggage and their handles, a luggage handle is the primary means of holding onto your luggage, you don't typically grasp the bag and use the handle as a secondary way of giving extra reliability to your grasp. If my luggage handle failed, it wouldn't be unreasonable to contact the maker for a warranty claim. I don't view the Wiimote's wrist strap as analogous. It is not the intrinsic means of holding the device.

    62. Re:I'm dubious about this. by zrelativity · · Score: 1
      "My camera came with a strap. If I were dangling my camera by its strap, not holding the actual camera body, and the strap broke and my camera smashed to the pavement, it would never occur to me to sue the camera manufacturer."

      Would you still be of the same opinion if you discovered that the camera manufacturer knew of a fault, that the strap and the attachment were of insufficient strength for the camera of the given weight?

    63. Re:I'm dubious about this. by Xtravar · · Score: 1

      You know, I never had a problem with my guitar falling until I put strap locks on.

      Maybe I'm just buying the wrong kind of strap locks. Sure, the locking mechanism works great, but the lock doesn't actually stay on the strap. It twists to clamp onto the strap, and just loosens over time...

      My solution was to glue the locks so they stay on the strap.

      Not to mention the other problem with the strap locks: the screws for the knobs seem to like coming out of the guitar. Ah well...

      --
      Buckle your ROFL belt, we're in for some LOLs.
    64. Re:I'm dubious about this. by Gizzmonic · · Score: 1

      That's exactly what I was thinking! Whether it's with Wii or guitar, adults should know better. You should always have in the back of your mind that the strap might fail, and be able to catch it. Considering how light the Wii remotes are, there's really no excuse for tossing them. I can see kids doing this, but they need to be carefully supervised and taught not to do it.

      --
      (-1, Raw and Uncut is the only way to read)
    65. Re:I'm dubious about this. by Anonymous Coward · · Score: 0

      Playing a guitar tends to take patience, skill, and discipline. All of which are lacking in those who engage in frivolous lawsuits(not counting their lawyers). Playing a wii only requires access to one, so you have a much broader audience that also includes the impatient, talentless, and lazy. All characteristics that are generally found in those who engage in frivolous lawsuits.

    66. Re:I'm dubious about this. by Anonymous Coward · · Score: 0

      The full story has me pouring ethanol on a sneaky fire I thought was extinguished. The fire went up the the stream of ethanol and ignited the apparently perfect ethanol/air mixture which in turn ejected a fair amount of burning ethanol on by brother.

    67. Re:I'm dubious about this. by Miszou72 · · Score: 1

      Boom Blox.

      Throw a bowling ball at the screen. Which, incidentally, you fail at almost every time if you're sitting on the couch. So you stand up, 6 feet away from the TV and "throw" it at the screen.

      I for one am glad it has a wrist strap...

    68. Re:I'm dubious about this. by multipartmixed · · Score: 1

      My luthier installs the left button at a downward angle to ameliorate this problem.

      FWIW. :)

      --

      Do daemons dream of electric sleep()?
    69. Re:I'm dubious about this. by AK+Marc · · Score: 1

      What rule was the user ignoring that caused him/her to break the TV?

      They let go.

    70. Re:I'm dubious about this. by volpe · · Score: 1

      Hear hear! I'm so sick of the incessant and ludicrous attempts to defend that nonsense.

      As am I of the incessant and ludicrous attempts to deride it as nonsense. The coffee was sold to people via drive-through windows, intended to be consumed be people in cars. The woman wasn't driving. The car wasn't even moving. The coffee was a lot hotter than industry standards because McD's bean counters, who were already aware of the problem, ran the numbers and concluded that the money they'd save on keeping the coffee fresher longer outweighs the cost of the potential payoffs to their victims, so they decided "to hell with the people". The woman asked only for payment of her medical bills (approx $10K). McD said no. The judge rightfully bitch-slapped McD.

    71. Re:I'm dubious about this. by Ironica · · Score: 1

      My camera came with a strap. If I were dangling my camera by its strap, not holding the actual camera body, and the strap broke and my camera smashed to the pavement, it would never occur to me to sue the camera manufacturer. My thoughts, after the "oh shit" would be, "I shouldn't have been doing that and should have been more careful."

      And yet, if you drop an item when dangling it by the strap, the consequence is that it falls *down*. It does not fly into the TV.

      So I doubt that people broke their TVs while dangling their Wiimotes by the straps.

      If your Wiimote flies into your TV, and the strap is broken, yes, it's possible you were abusing the Wiimote or playing incorrectly, but it seems at least as likely that it happened in the course of play. When I serve in Wii Tennis, there's definitely a point where the momentum of the controller is forward, toward the TV, and if the remote slipped from my hand and the strap was faulty, it would go flying into the screen. Fortunately, I'm a Luddite with a CRT TV, but that would cause some nasty damage to a Plasma screen, and yeah, the strap *shouldn't* break under those circumstances.

      I don't know why everyone's so quick to *assume* that people who broke their TVs this way must have been doing something wrong. It's nice that it hasn't happened to any of us, but do we really have enough information to say that it *can't* happen?

      --
      Don't you wish your girlfriend was a geek like me?
    72. Re:I'm dubious about this. by KDR_11k · · Score: 1

      I'd like to see anyone who actually takes a full gulp of serve-temperature coffee. That stuff is hot and everybody knows it, you don't just take a gulp from it. You let it cool a bit and start with smaller sips. You just can't take the cup and drink it like it's cold lemonade, any hot drink has to be approached with initial caution. Someone who disregards that would suffer every time he encounters any hot drink.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    73. Re:I'm dubious about this. by KDR_11k · · Score: 1

      Yeah, you just have to make the strap strong enough that something else breaks first. I vote for the wrist of the thrower.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    74. Re:I'm dubious about this. by KDR_11k · · Score: 1

      That still counts as thrown. When I use the Wiimote the strap could fail and the thing would still not go flying off because I'm holding it in my hand. The Wiimote can't go airborne if it wasn't released mid-swing. This is why I and many others consider a Wiimote hitting the TV a user error because the thing shouldn't have left the hand of the user in first place.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    75. Re:I'm dubious about this. by Anonymous Coward · · Score: 0

      Dubious ain't the word...it's more like "I'm Kosher!" Dumb lawsuit crazy bastard!(IE Geekmeisterstein Antiguous) My nieces and nephews are always, ALWAYS! playing the Wii when they come over. They aren't the most coordinated or athletic bunch of 5-12 year olds, but I tell you what...they have NEVER failed to put on the strap and even if they have, they have NEVER sent the wii remote flying at all. Just 'cause several "SPECIAL" people don't know how to control themselves whilst playing the Wii and accidentally throw the Wii remote at the TV doesn't give them the right to sue the maker of the videogame console for losses just because these "SPECIAL" people were negligent in taking responsibility for their actions! "Kosher" people always take this route because it's never their fault! They've been blaming other people since the days of Christ, they haven't changed one bit!

  3. The way it happens by QuantumG · · Score: 4, Funny

    One of our friends brought her boyfriend over the other day.. he'd heard of the Wii but never played it, so we fired up WiiSports for him. While playing "Tennis" I watched in amusement as he hit his hand into the wall, then my coffee table, then he tripped over the recliner, then he nearly hit his girlfriend in the head. While playing "Bowling" he hit *himself* in the head with the remote. I *could* have told him that such large movements are unnecessary but that would have took away his fun, and I wouldn't be able to laugh at him beating himself up. Some people just have problems with the whole augmented-sense-of-self thing.

    --
    How we know is more important than what we know.
    1. Re:The way it happens by zappepcs · · Score: 5, Funny

      Sorry, but your friend's boyfriend should probably not be trusted with sharp objects, or to be alone in the pool and other things you don't like to see 1 year olds do. I don't care how manly you think you might be, if you can admit you have injured yourself playing a video game, you're not manly.

      The Wii might be showing us who should move on to procreate and who should not for the next big step in evolution of mankind.

    2. Re:The way it happens by Mr.+Underbridge · · Score: 4, Funny

      One of our friends brought her boyfriend over the other day.. he'd heard of the Wii but never played it, so we fired up WiiSports for him. While playing "Tennis" I watched in amusement as he hit his hand into the wall, then my coffee table, then he tripped over the recliner, then he nearly hit his girlfriend in the head.

      Good Christ, for her sake I hope he's better in bed. Unfortunately, though, I have a feeling that's some fearsome awful sex.

    3. Re:The way it happens by deniable · · Score: 1

      I wonder if those Funny Home Video shows will have a Wii special at some point. It's just made for it.

    4. Re:The way it happens by Anonymous Coward · · Score: 5, Funny

      I put on my wizard hat...

    5. Re:The way it happens by pizzach · · Score: 4, Informative

      For those interested, you can read IGNs article on The Top 10 Games That Might Make You Inadvertently Whack Your Friends in the Nuts. It only just came out last month.

      --
      Once you start despising the jerks, you become one.
    6. Re:The way it happens by Anonymous Coward · · Score: 2, Funny

      Well, if he can't handle his Wiimote, chances are he can't handle his Weemote.

    7. Re:The way it happens by Lucky75 · · Score: 1
      --
      DNA -- National Dyslexic Association
    8. Re:The way it happens by Fulcrum+of+Evil · · Score: 1

      What about Atari thumb?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    9. Re:The way it happens by Trogre · · Score: 0, Flamebait

      The Wii might be showing us who should move on to procreate and who should not for the next big step in evolution of mankind.

      Hmm you might be onto something there. People who own Wiis presumably fitting into the "should not" category.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    10. Re:The way it happens by Anonymous Coward · · Score: 0

      For those of you not who don't get it:
      http://www.bash.org/?104383

    11. Re:The way it happens by Anonymous Coward · · Score: 0

      Thanks, I'd forgotten about that!

    12. Re:The way it happens by Kijori · · Score: 1

      My ex-flatmate sprained his ankle playing Pro-Evolution Soccer.

      It was an impressive accident, but the really impressive part was him keeping a straight face when he told people it was a "sports injury".

    13. Re:The way it happens by SBFCOblivion · · Score: 1

      You mean nintendo thumb (or nindo thumb as my brother and I called it)?

      Or do you mean to say that you received a blistered thumb from using a joystick?

    14. Re:The way it happens by zolaar · · Score: 1

      I'm sure he's reasonably adept with his Weemote -- that's easy.

      The big question is how he handles her Wiitoris...

      --
      One man's constant is another man's variable.
    15. Re:The way it happens by Fulcrum+of+Evil · · Score: 1

      nah, I got a callus in my thumb from whacking the button so much.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    16. Re:The way it happens by SmlFreshwaterBuffalo · · Score: 1

      ...if you can admit you have injured yourself playing a video game, you're not manly.

      Person 1: "I hurt myself playing with my Wii."
      Person 2: "Don't shake it so hard next time."

      Thank you. I'm here all week. Try the veal.

    17. Re:The way it happens by Yogiz · · Score: 1

      Good Christ, for her sake I hope he's better in bed. Unfortunately, though, I have a feeling that's some fearsome awful sex.

      Or fearsome awsome if you're into that kind of thing.

  4. __TIME_TAG__ by whtmarker · · Score: 0, Offtopic

    what is with all the references to __TIME_TAG__ on the front page?

    1. Re:__TIME_TAG__ by Anonymous Coward · · Score: 0

      wtf are you talking about?

    2. Re:__TIME_TAG__ by The+MAZZTer · · Score: 1

      I see it too. Looks like a templating problem (it's where the article-posted times should be going).

  5. Okay... by Penguinisto · · Score: 5, Insightful

    A lawsuit @ Nintendo because someone (or rather, plural someones) was (were) dumb enough to toss a remote hard enough to crack a television set!?...

    Seriously.

    WTF?

    Now, if'n y'all don't mind, I have to go sue the folks who make Red Bull now, since their cans weren't shaped in a way to prevent me from dropping it on the table and accidentally soaking my laptop while absorbing the sheer chutzpah of the ambulance-chaser's commentary in the referenced article.

    /P

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
    1. Re:Okay... by deniable · · Score: 5, Informative

      I'm in Australia and some of us refer to the new Wiimotes with the heavily padded 'jacket' and beefy strap as Americanized Wiimotes. Sorry to you Americans who have to live amongst these people.

    2. Re:Okay... by caitsith01 · · Score: 1

      Now, if'n y'all don't mind, I have to go sue the folks who make Red Bull now, since their cans weren't shaped in a way to prevent me from dropping it on the table and accidentally soaking my laptop while absorbing the sheer chutzpah of the ambulance-chaser's commentary in the referenced article.

      I agree that this lawsuit is stupid.

      However, to play devil's advocate, the Red Bull folks don't encourage you to stand directly in front of your TV with a can in your hands, spinning and waving your arms in a rapid and excited fashion in relation to things which are happening on the screen, occasionally flicking the can towards the TV or simulating a throw with it whilst it is tethered to your wrist by a small and, it seems, breakable strap.

      So your analogy is not totally valid. People who do this are still stupid. But there is a higher risk of a Wii-mote breaking something you own in this fashion in something close to what can be described as 'normal' use than most other similarly sized and weighted objects.

      --
      Read Pynchon.
    3. Re:Okay... by The+Grim+Reefer2 · · Score: 1

      A lawsuit @ Nintendo because someone (or rather, plural someones) was (were) dumb enough to toss a remote hard enough to crack a television set!?...

      Seriously.

      WTF?

      I'll admit that I didn't read the article, nor have I ever held a Wii remote. But depending on the type of TV, it's certainly plausible. I don't think anything short of a hammer could break my 10 year old Trinitron screen. But the screen on my LCD is a different story I think. I don't believe the screen on a plasma would fair much better, and a rear projection screen would fair pretty bad as well. I do agree with you about the stupidity of the lawsuit though.

    4. Re:Okay... by k-macjapan · · Score: 1

      How about a chef with a knife? Or anyone with a knife for that matter.

    5. Re:Okay... by Anonymous Coward · · Score: 0

      No.. the red bull people just encourage you to drink up and attempt to fly.

    6. Re:Okay... by Anonymous Coward · · Score: 1, Funny

      ... but the red bull folks sure as hell tell you to fly around with red bull. I was just attempting to fly when I fell off the couch, broke a bone, and soaked my laptop. Obviously, I need at the very least my hospital bill paid as well as my laptop fixed. Because as I learned, I obviously cannot fly after drinking red bull and the red bull soaked my laptop due to the fact that it doesn't have a very decent built in handle for flying... -.-' seriously if this wins, I give up oh hope for the American legal system...

    7. Re:Okay... by Kent+Recal · · Score: 4, Insightful

      However, to play devil's advocate, the Red Bull folks don't encourage you to stand directly in front of your TV with a can in your hands, spinning and waving your arms in a rapid and excited fashion in relation to things which are happening on the screen, occasionally flicking the can towards the TV or simulating a throw with it whilst it is tethered to your wrist by a small and, it seems, breakable strap.

      Heck, but you paid money to buy the device that let's you do these things. You have probably seen friends doing it before. The wii displays a pretty clear warning screen (not skippable iirc) before each game. You have probably encountered at least once before in your life what happens when solid things are thrown into less solid things. In fact, if you seriously consider suing nintendo over this you've probably encountered at least once before what happens when a solid thing is thrown into your less solid head...

    8. Re:Okay... by arkhan_jg · · Score: 1

      I quite like the new padded cover. It's shaped to fit the hands better when holding it like an old NES controller, though it's too big for my fiancee to hold comfortably.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    9. Re:Okay... by condition-label-red · · Score: 1

      Sorry to you Americans who have to live amongst these people.

      ...sigh...

      --
      Lorem ipsum dolor sit amet, consectetuer adipiscing elit.
    10. Re:Okay... by Oktober+Sunset · · Score: 1

      If your going to sue Red Bull, you should go after thier false advertising, I've found red bull totally fails to give me wings and I cannot fly after even 5 cans!

    11. Re:Okay... by Anonymous Coward · · Score: 0

      The Red Bull folks DO encourage you to leap off of buildings with your newfound wings though...

    12. Re:Okay... by geekoid · · Score: 1

      I like the way you assume everyone who plays is the same.

      I ahve young children, the strap is a necessity if you don't want the controller to get loose.

      I still don't see how the strap fails though.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    13. Re:Okay... by PitaBred · · Score: 1

      It may be "Americanized" to you, but I have big hands (I'm tall, not fat, to preempt any fat nerd jokes), and with the padded covers the wiimote is much more comfortable to hold for long periods than it is without it. I know some of my friends like it without it, but hey, maybe you Aussies just have dainty hands ;)

    14. Re:Okay... by Anonymous Coward · · Score: 0

      That's funny, *my* wiimote is too big for your fiancee's hand too!

  6. Wii Sports still safer than doing real sport by Anonymous Coward · · Score: 2, Interesting

    The wii allows you to play golf without being hit by other player's balls.
    The wii allows you to box with a friend without fracturing his head.
    The wii allows you to play baseball without being hit by the bat.

    Seriously, even sleeping on a mattress is dangerous. 40% of people die while sleeping. How many while playing the wii?

    1. Re:Wii Sports still safer than doing real sport by deniable · · Score: 4, Funny

      You should look at the death rates for hospitals. Those places are freaking dangerous.

    2. Re:Wii Sports still safer than doing real sport by powerspike · · Score: 1

      well i guess that's one way to save your money, if your clients dead they really can't sue!

    3. Re:Wii Sports still safer than doing real sport by deniable · · Score: 1

      It also cuts down on customer complaints.

    4. Re:Wii Sports still safer than doing real sport by swillden · · Score: 1

      well i guess that's one way to save your money, if your clients dead they really can't sue!

      I can see you don't live in the Litigious States of America.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    5. Re:Wii Sports still safer than doing real sport by BaronHethorSamedi · · Score: 1

      I'm told the survival statistics for hospices are even more grim...

  7. No wonder American manufacturing is screwed by freedom_india · · Score: 5, Insightful

    Companies get sued because customers misuse and abuse the product to the point of breaking their own things carelessly.
    I wonder what would have happen if Edison were to invent the lightbulb today:
    1) The Association of Candle Manufacturers(ACM) and Gas Lamps Association(GLA) would jointly conduct a sit-in strike in front of Edison's home and plants.
    2) The ACM would sue Edison for producing a product that's capable of killing someone. The OSHA conducts a raid on Edison's plant, followed by an FCC investigation.
    3) The GLA lobbies congress for relief. Congresscritters DeLay and Pelosi go on record stating that Edison's electric light will result in the loss of jobs for 37,300 people directly while affecting the lives of 1.3 Million employers indirectly.
    4) Edison approaches SCOTUS for relief. SCOTUS grants Edison relief stating that Progress cannot be stopped.
    5) Rep Vern Buchanan and Sen. Ted Stevens together sponsor a resolution calling for a $1.3 billion bailout of the Candle Makers of USA.
    5(a) The GLA sues the US Govt for excluding them from the bailout.
    5(b) Hillary Clinton includes GLA into the bailout with a silent slip-in into a spending bill.
    6) The FCC commissioner rules that Electricity is dangerous to health and that electric lamps are prone to be broken. Forces Edison to include HUGE warnings on each packet.
    7) Edison sets up DC stations and powers Congress and Senate with electric lamps to show the congress the progress that can be made. he claims it can be always "Day" for congress.
    8) Congress critters not used to working long hours, silently include a bill that forces states to individually certify that 10,000 volts of DC will not kill a man for Edison's lamps to be sold. 43 states refuse. Alaska's Palin approves Edison's lamps and charges oil companies with paying for same. Orders are sealed.
    9) The children of GLA makers hold a massive rally in Washington demanding schooling and lunch relief.
    10) Bush calls upon Congress to pass a law that outlaws Electric lamps under intense pressure from lobbyists.
    11) Obama calls Bush a roadblock to progress and exhorts congress to reject such a law.
    12) A GLA dealer in MN holds a BIG rally announcing providing free gas lamps for all who sign Edison is a public enemy.
    13) Edison is sued in Alaska by 100 residents who claim that throwing the lamp on the floor caused them injuries. The case is taken up by FOX News and O'reilly states Edison is a pinhead.
    14) Edison beats the lawsuit at tremendous cost.
    15) AIG Refuses to extend insurance cover to Edison under pressure from congress.
    16) Edison renounces US citizenship and migrates to China.

    --
    "Doing what i can, with what i have." ~ Burt Gummer
    1. Re:No wonder American manufacturing is screwed by Pinckney · · Score: 0, Offtopic

      And yet compact fluorescents are moving onto the market with little resistance.

    2. Re:No wonder American manufacturing is screwed by novakyu · · Score: 2, Insightful

      And yet compact fluorescents are moving onto the market with little resistance.

      Because the same people who have been making incandescent light bulb are also making compact fluorescent bulbs. That wouldn't have been the case for the candle to light bulb transition.

      If you need a car analogy, GM workers do not protest or resist the newest GM models. They, however, do protest Japanese imports, if they can.

    3. Re:No wonder American manufacturing is screwed by S-100 · · Score: 1

      A much shorter version of this was part of a Rush Limbaugh jag many years ago. His point was that if Edison were to invent the light bulb today, Dan Rather would report in somber tones a "death blow to the candle industry".

    4. Re:No wonder American manufacturing is screwed by Anonymous Coward · · Score: 0

      And yet compact fluorescents are moving onto the market with little resistance.

      *Whoosh*

    5. Re:No wonder American manufacturing is screwed by Anton+Styles · · Score: 0

      You deserve at least +222. That is by far the best comment I've read on /.

      --
      "I don't know half of you half as well as I should like, and I like less than half of you half as well as you deserve."
    6. Re:No wonder American manufacturing is screwed by 16384 · · Score: 1

      Then why are the incandescent bulbs being slapped with taxes and threatened to be outlawed?

    7. Re:No wonder American manufacturing is screwed by plasmacutter · · Score: 0, Offtopic

      And yet compact fluorescents are moving onto the market with little resistance.

      actually I remember hearing news reports about child safety groups trying to launch a lawsuit because of the mercury in those things.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    8. Re:No wonder American manufacturing is screwed by Anonymous Coward · · Score: 0

      17) ...
      18) Profit!

      No?

    9. Re:No wonder American manufacturing is screwed by arthurpaliden · · Score: 1

      They are not. It is only bulbs that are inefficiant and wast energy that are beeing slapped with taxes and other negative incentives. It is just the most common bulb that fits that catagory is the incandescent ones.

      Mind you one of the larger bulb companies said that they actually had an efficiant incandescent bulb and they would soon be producing it. One wonders how long it stayed on the shelf first.

    10. Re:No wonder American manufacturing is screwed by nEoN+nOoDlE · · Score: 1

      There are more lawsuits today then there were in Edison's time, but business was a lot dirtier then. Such as the instance where Edison fought Tesla's AC power by killing an elephant with it.

      --
      Don't trust a bull's horn, a doberman's tooth, a runaway horse or me.
    11. Re:No wonder American manufacturing is screwed by freedom_india · · Score: 1

      No. Incandescent bulbs allow dynamic voltage and lighting.
      Meaning, the voltage can be controlled dynamically so that it glows brighter during darker hours and lesser during better lighting.
      This saves MORE power than is used by a flourescent bulb which operates only on two settings: on or off.
      Much like SSD reduces battery power in a notebook by being always on.
      Normal HD can power down and save battery. A SSD can't.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    12. Re:No wonder American manufacturing is screwed by arthurpaliden · · Score: 1

      I have yet to be in any house where all the lights are on dimmer switches and the people have them turned down. They are always be used as designed, at maximum 'light' output and therefore are more inefficiant, in normal usage, when compared to flourescent or led.

  8. Rewards for reading the links. by Anonymous Coward · · Score: 0

    I quote on page 2 of the last pdf linked in summary.

    Casamassina:Yeah. Listen to Bozon. He has a lot of Experience with strap ons. So listen to him.

  9. Shouldn't have to tell people to not throw things by pembo13 · · Score: 4, Insightful

    No company should be held legally responsible for the commonsense of their customers. Nintendo really shouldn't have to tell their customers not to throw the _remote_ controller at the television. It's not like tennis players routinely go kill bystanders with their flying rackets.

    --
    "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
  10. Oh the poor (greedy) babies! by Anonymous Coward · · Score: 0, Insightful

    Oh for fuck's sake. If you're stupid enough to think that throwing the Wiimote around at full force is going to make you "win" (or better yet, literally tossing it out of your hand like a baseball in Wii Sports with the assumption that the strap doesn't either slip off or snap), it's your own damn fault that you're unable to play responsibly.

    Of course, I'm giving these people too much credit. They're greedy assholes, not idiots. It's all about mooching off an insanely successful product with a dollar sign target on the back of its head.

    Now if you'll excuse me, I'm off to sue McDonalds for making me too fat and BlackBerry for making me commit manslaughter while I was texting.

  11. Ha. by damuhatori · · Score: 1

    Nintendo should make the wiimote's body out of cell foam (like the pool noodle toys) and recall all of the original wiimotes. It would probably be cheaper than all the lawsuits.

  12. Houston, Wii Have a Problem. by HockeyPuck · · Score: 4, Interesting

    I've always loved reading through http://www.wiihaveaproblem.com/ which is a collection of articles and photos of damage (personal or to TVs/Windows/tables/lights) while playing Wii.

  13. Re:Shouldn't have to tell people to not throw thin by theillien2 · · Score: 4, Insightful

    You'd think. But then, it's morons like these folks that cause there to be stickers all over everyday objects telling us how and how not to use them.

    I'm surprised we haven't seen any court cases by people who wiped their asses so hard the paper ripped and they got shit on their hands.

    --
    If we don't protect the freedom of speech how will we know who the assholes are?
  14. it's a goldmine! by Lord_of_the_nerf · · Score: 0

    I'm thinking of throwing all my CDs at the TV to get my hands on some of that sweet RIAA settlement money.

  15. Game Retards by Anonymous Coward · · Score: 0

    You have to be an absolute game retard to a) sue nintendo and b) use full 'life-like' action motions to play wii-sports or similar games. The accelerometers do not actually work as well with a full life-like motion.

    Even if some straps are somewhat faulty - they are only a precaution. These dumb hicks that buy wii's should tape the wiimote to their hand or their forehead.

    Equally, US Lawyers should actually get a life and persue real crimes instead trying to cash in.

    Up-next, Nintendo Wiimote violates DMCA and patents... presented by the same laywer.

    1. Re:Game Retards by JackieBrown · · Score: 1

      You would think a person would be almost be too embarrassed to sue over this.

    2. Re:Game Retards by deniable · · Score: 1

      That's why it's a class action. Safety in numbers.

  16. Strapless by enoz · · Score: 4, Insightful

    I wonder if this scenario could have existed if Nintendo had decided not to include a strap on the remote in the first place.

    1. Re:Strapless by the_raptor · · Score: 1

      Exactly what I was about to post. This idiot lawsuit exists because Nintendo "knew about the problem, and didn't take sufficient measures".

      If they invented kitchen knives in today's legal eta, they would have a 100kg enclosure (securely bolted to the bench) that allowed only enough room for the insertion of vegetables, and had a system to detect human fingers before allowing actuation of the blade.

      --

      ========
      CINC, 4th Penguin Legion
  17. Re:-1, Flamebait by Anonymous Coward · · Score: 1, Insightful

    Why the F is the parent modded "3, Insightful"? Congrats for identifying Yiddish, tho it's a shame your parent's had kids that lived. Hopefully nobody tries to put 6million of your relatives "in the gas chamber."

  18. COME ON! GIVE IT UP! by ryanw · · Score: 2, Insightful

    Seriously. Class action suites against ANY company (even microsoft) are horrible!! The person with the "broken tv set" ends up getting $0.02 while the lawyers end up making $2 million+. Attorneys end up looking for smoking guns to make quick bucks. One could argue that the attorneys are fighting for the rights of the people and helping to protect us from further harm. But if this was the honest truth then everyone who had a broken TV or files part of the lawsuit should get a new TV out of it instead of giving all the money to the attorneys and pennies to those who were wrongfully harmed.

  19. Re:Shouldn't have to tell people to not throw thin by AmberBlackCat · · Score: 1

    As long as we're being ridiculous, maybe they should sue the TV manufacturers for making screens so fragile. They'll be forced to make LCD panels out of the same glass used in windshields.

  20. Drunks by erikharrison · · Score: 2, Insightful

    Wii games seem to be played almost exclusively by little kids, old ladies, and drunk college guys who spent too much goddamn money on a giant ass fucking TV instead of paying student loans, and feel constantly entitled.

    This is why WiiBeerPong (or whatever it's called now) was brilliant in its identification of a market niche.

    You also don't need a lot of people to agree to fault Nintendo for a class action lawsuit. A lawyer just needs a couple of guys and the reasonable belief that he'll get paid, and he can stir up a lawsuit on behalf of everyone who broke something without their consent.

  21. Re:Shouldn't have to tell people to not throw thin by deniable · · Score: 1

    And then we can sue the makers of wall mounts that can't handle the weight. After that, builders.

  22. Re:-1, Flamebait by Anonymous Coward · · Score: 1, Insightful

    I expect that the forthcoming discussion... will be far more meaningful than anything which might otherwise appear in this ill-placed and laughable YRO article.

    All right, new /. rule: Whenever a story is sufficiently irrelevant, we pick a random historical event and discuss the hell out of it.

  23. Re:Shouldn't have to tell people to not throw thin by XnavxeMiyyep · · Score: 1

    Everyone suing Nintendo should get one of these: http://www.youtube.com/watch?v=AAdku9YhSCI

    --
    I put the 't' in electrical engineering.
  24. Thats odd... by Anonymous Coward · · Score: 0

    I play with my wii almost on a daily basis, and I have yet to damage any of the televisions that I own. Though, I have ruined a few sets of good sheets :(

    1. Re:Thats odd... by Anonymous Coward · · Score: 0
      Please mod this down somebody. please .........

      I have heard this joke so many times .

      -1 for originality and -1 for taste

  25. Join in by Capmaster · · Score: 1

    I'm going to sue Rawlings for all those windows I broke.

  26. I broke my TV! by Anyd · · Score: 2, Interesting

    My velcro shoes came undone and my safety helmet slid over my eyes and I had too much sugar that day and.... http://images.google.com/images?hl=en&q=mike+myers%2C+helmet%2C+SNL&btnG=Search+Images&gbv=2

  27. a warning label would have saved them money by ffflala · · Score: 2, Interesting

    Isn't the problem that these things slipped out of peoples' hands while they were using it as they were supposed to?

    Maybe it's just because I finished up a torts class, but it's not a huge stretch of the imagination to anticipate wiimotes flying all over the place and breaking things.

    And as stupid as tort law seems when someone say, throws a wiimote into a television screen and blames Nintendo, there's an easy precaution. Nintendo could have put some clear warnings along with the wiimotes, something like "be careful not to let these fly out of your hands and break the tv, window, mirrors, or your commemorative plate collection."

    The two stupid assumptions cancel each other out in tort law. It's assumed that people pay attention to these ridiculously inclusive warnings, and it's assumed that a manufacturer is responsible when people slap themselves in the face with a product (if there weren't instructions not to.)

    THAT is why you find things like labels on cans of peanuts that read: "warning: contains peanuts."

    1. Re:a warning label would have saved them money by LiENUS · · Score: 4, Informative

      And as stupid as tort law seems when someone say, throws a wiimote into a television screen and blames Nintendo, there's an easy precaution. Nintendo could have put some clear warnings along with the wiimotes, something like "be careful not to let these fly out of your hands and break the tv, window, mirrors, or your commemorative plate collection."

      You obviously don't own a Wii. Every game I've played has a goofy little screen that comes up when you start the game with a picture of a guy whacking his tv and the person behind him with the wiimote and a warning saying not to let the thing come out of your hand.

    2. Re:a warning label would have saved them money by Joce640k · · Score: 1

      The harder you swing it, the more points you get!!

      Huge, "I'll show 'em" size swings are to be encouraged when playing, especially after a couple of beers. If you have to wreck the house while trying, no problem.

      Personal responsibility is soooo 1980s.

      --
      No sig today...
    3. Re:a warning label would have saved them money by Anonymous Coward · · Score: 0

      Nintendo could have put some clear warnings along with the wiimotes

      You mean like they do in the instruction manual, and on the tv screen before every game?

    4. Re:a warning label would have saved them money by Anonymous Coward · · Score: 0

      They should be updated to tard law. If someone has to be warned not to use a hairdryer in the shower, then I'm willing to let that person go for the sake of progress.

    5. Re:a warning label would have saved them money by Anonymous Coward · · Score: 0

      No, the problem is two-fold -- 1) Tort law is retarded. 2) People are retarded. Tort law, in the US, has destroyed entire sectors of the economy. It is solely responsible for destroying the personal aviation industry; *after* aviation liability reform, the cost of liability insurance has increased costs so much that there's been a 22% drop in pilots per capita between 1990 and 2000. Though estimates fo the $246 Billion dollar cost of tort law to the US eonomy are probably overinflated, they do not count the real cost of preventing small business.

      Case in point. My wife makes baby slings for her friends. They're very simple; 2 pieces of fabric sewn together. They cost her about $3 to make, and retail for around $40. This is a potential cottage industry making roughly $50/hr for anyone enterprising enough to take it. However, the fear of a lawsuit has completely shut her down. What if a baby falls out of the sling? Even if the baby is fine, the sling didn't have any problems, we'd lose our house and our retirement fund just to defend ourselves, even if we didn't loose the lawsuit. That's the real cost of tort law.

    6. Re:a warning label would have saved them money by Anonymous Coward · · Score: 0

      Yeah well I'm sure that the person that first manufactured the fan belt never thought he would have to put "Shut off engine before replacing" either. Why does the manufacturer have to think of every comonsence thing that could go wrong and post a warning.

    7. Re:a warning label would have saved them money by Anonymous Coward · · Score: 0

      that's all well and good, but i'd rather dream about living in a world where that kind of bullshit wasn't necessary.

    8. Re:a warning label would have saved them money by JudicatorX · · Score: 1

      And as stupid as tort law seems when someone say, throws a wiimote into a television screen and blames Nintendo, there's an easy precaution. Nintendo could have put some clear warnings along with the wiimotes, something like "be careful not to let these fly out of your hands and break the tv, window, mirrors, or your commemorative plate collection."

      You mean like the unskippable warning message before the start of every game to not drop or throw the wiimote, and the warnings on the inside of the packaging, and the documentation?

      Does tort law seem stupid now? Or just the 99% of the population that is too thick to read warnings and use common sense?

      --
      "It is a good divine that follows his own instructions" - Portia, The Merchant of Venice
    9. Re:a warning label would have saved them money by ffflala · · Score: 1

      You're right, I don't own a Wii.

      But I have played games on them before, and I don't remember seeing the warning screen. Was it always there, or was it added after the first round of suits?

    10. Re:a warning label would have saved them money by LingNoi · · Score: 1

      Your example is not similar to the wiimote.

      Drunks damaging themselves and the people around them because the swing the remote too hard is not similar to a manufacturer flaw.

    11. Re:a warning label would have saved them money by arthurpaliden · · Score: 1

      How many warning labels do you see on golf clubs, tennis raquets, baseball bats.

      Yes they do cause injuries. But the manufacturer is never sued because they are being used as intended and every one knows that they can slip out of your grip.

      (In GTA how many points to you get for hitting the lawyer chasing the ambulance?)

    12. Re:a warning label would have saved them money by trooper9 · · Score: 1

      It's always been there.

      --
      blah
  28. Get a grip by Anonymous Coward · · Score: 5, Funny

    Nintendo is being sued because people are too stupid to hold on to a chunk of plastic? These people need to get a grip.

    1. Re:Get a grip by Yvan256 · · Score: 1

      How about "Score:5, Recursive Joke"?

  29. Re:Shouldn't have to tell people to not throw thin by Elrond,+Duke+of+URL · · Score: 5, Insightful

    I am left wondering if there would be any lawsuits if Nintendo had decided not to include the strap in the first place. Imagine a Wiimote with no strap and clear instructions that you not let go when making motions. If somebody tried to sue, Nintendo could say that the customer was duly warned and either a) let go or b) waved too forcefully.

    Instead, they included a strap just in case and see where that has got them...

    --
    Elrond, Duke of URL
    "This is the most fun I've had without being drenched in the blood of my enemies!"-Sam&Max
  30. Wii is a great device! by Sepiraph · · Score: 1

    As a society, we should really applaud the Wii as being a device that is capable of distinguishing who the morons are and hopefully we can pass a law to outlaw the same said people to not breed ever. Seriously I dont care if you are twelve or 90, if you don't understand the fact that if you throw something it will break things, IMO you dont deserve to breed.

  31. Re:Shouldn't have to tell people to not throw thin by theillien2 · · Score: 1

    Everyone suing Nintendo should get one of these: http://www.youtube.com/watch?v=AAdku9YhSCI

    Holy crap! Is that for true?!

    --
    If we don't protect the freedom of speech how will we know who the assholes are?
  32. Re:-1, Flamebait by adolf · · Score: 0, Redundant

    YES!

  33. What about a "false advertising" suit? by Anonymous Coward · · Score: 0

    You know, to punish them for calling their product fun or worthwhile.

  34. Flying objetcs by TheP4st · · Score: 3, Funny

    Is Ballmer one of the plaintiffs in the class action suit?

    Hey, you all knew it was coming.

    --
    "I have downloaded hundreds and hundreds of records, why would I care if somebody downloads ours?" Robin Pecknold
    1. Re:Flying objetcs by Yvan256 · · Score: 1

      you all knew it was coming

      Especially his walls.

    2. Re:Flying objetcs by SmlFreshwaterBuffalo · · Score: 1

      Hey, you all knew it was coming.

      But we still couldn't duck fast enough.

  35. Old Wrist Straps by Anonymous Coward · · Score: 0

    The main issue here is when the Wii Remotes were released with the original wrist strap, Nintendo knew that there were a percentage of straps that would actually break from standard use. For example when playing Wii Bowling and swinging the remote upwards, the wrist strap would break at the top where the plastic peice of the strap held the wrist material.

    A few months later after continuous reports of wrist straps snapping in this manner, Nintendo released the upgraded wrist straps for free.

    1. Re:Old Wrist Straps by LingNoi · · Score: 1

      For example when playing Wii Bowling and swinging the remote upwards, the wrist strap would break at the top where the plastic peice of the strap held the wrist material.

      No it wouldn't because we're not dumb enough to let go of the remote.

  36. Re:Shouldn't have to tell people to not throw thin by Gordonjcp · · Score: 1

    If I can't pull myself clear of the ground on the bracket - be it for lighting, TVs or aerials (I mount up some pretty big aerials), then it's not strong enough. I haven't come across a plasma TV that weighs more than 100kg yet, although I don't doubt they exist.

  37. Re:Shouldn't have to tell people to not throw thin by chmod+a+x+mojo · · Score: 1

    Yes, it was even in an issue of MaximumPC a while ago as well.

    --
    To err is human; effective mayhem requires the root password!
  38. Re:Shouldn't have to tell people to not throw thin by deniable · · Score: 1

    I was talking in terms of the GP post that mentioned replacing the plastic in an LCD with wind-shield strength safety glass. That would have to have some weight. But yeah, the brackets are usually pretty tough.

  39. Shouldn't have told them to use the strap by Another,+completely · · Score: 2, Interesting

    Sure a bad strap is worse than no strap at all. It's not that the people are trying to throw it, they are using the strap to hold it in their hand, leaving their fingers free to move more quickly on the buttons. That's what the strap is for. They are using it as designed, then the strap breaks, and it has a consequence that should have been foreseen by Nintendo.

    If somebody were selling deep-fry units, and included handles on the side, but the handles occasionally broke off if the unit were lifted while full of hot grease, that would be far worse than including no handles at all, right? Putting them there implies that they can reasonably be expected to work.

    Finally, there is the question of hiding complaints from the court in the first suit. Even if the suit were completely stupid, you can't just hide evidence. They should have known that.

    1. Re:Shouldn't have told them to use the strap by LordKronos · · Score: 2, Insightful

      they are using the strap to hold it in their hand, leaving their fingers free to move more quickly on the buttons.

      Huh? I think you might be using the wiimote wrong, becuase holding onto it properly in no way slows down my playing. I can't even imagine how you would hold it in a way that would:
      1) enable you to click a button faster
      2) still allow you to utilize the motion capabilities
      3) not prevent you access to other buttons
      4) make it even remotely likely for the wiimote to go flying out of your hand at all, much less with enough force to break the strap

    2. Re:Shouldn't have told them to use the strap by pembo13 · · Score: 1

      they are using the strap to hold it in their hand, leaving their fingers free to move more quickly on the buttons. That's what the strap is for

      I think Nintendo may need to offer physical classes on how to hold a remote. They built it like a TV remote because you hold it like a TV remote. TV remotes tend not to have straps. At no point should you depend on the strap to resist any force; gravity or otherwise.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    3. Re:Shouldn't have told them to use the strap by Chris+Burke · · Score: 1

      Shit, I'm sitting here with a wiimote in my hand, wondering how you can use the strap to keep the wiimote in your hand, when it goes around your wrist. If I don't hold onto the wiimote, then it drops and dangles from my wrist. Seriously, WTF?

      --

      The enemies of Democracy are
    4. Re:Shouldn't have told them to use the strap by Chris+Burke · · Score: 1

      Sure a bad strap is worse than no strap at all. It's not that the people are trying to throw it, they are using the strap to hold it in their hand, leaving their fingers free to move more quickly on the buttons. That's what the strap is for.

      Can you explain to me how that's supposed to work? Seriously, I'm baffled. The strap goes around your wrist, how does that keep the wiimote in your hand? I really want to know what I'm missing, here.

      --

      The enemies of Democracy are
  40. A redesign needed by miniskunk · · Score: 1

    I can see a new opportunity for a new peripheral. The WiiScreen! You place this plexiglass screen in front of the TV and no more busted TVs! Seriously, the real issue here is Nintendo and game programmers designed the games to be played in a manner that has resulted in accidents. Toning down the amount of movement needed by a game would be a solution, another might be a more ergonomically designed controller or rubberized grip, or using a steel cable not nylon to secure the controller better. These few simple modifications would add only a small additional cost to the manufacturing process in my estimation. In fact as much as they charge for them, they wouldn't need to change the price given how much profit they make on them.

    1. Re:A redesign needed by LingNoi · · Score: 1

      The problem is that's how you're suppose to play but dumb people swing it around like a wild monkey.

      You can play with the wiiremote sitting down without too much movement. That's how you're suppose to play.

      How many adverts of the wii have you seen where the actors are throwing the wii remote around like a crazy motherfucker? None? Well there are go!

  41. nylon cord by Anonymous Coward · · Score: 0

    For exhibit one i would like to take this lawyer his wrist with a wiimote strap and put these in a hydraulic tensile strength test machine. Lets see which one snaps first.

  42. Toning down? by Zalminen · · Score: 1

    You do realize that you can ALREADY play pretty much any Wii game sitting down and just moving your wrist a little? How much more toned down do you want it?

    It's usually just much more fun to play them in a more active manner...

  43. America sucks by some_guy_88 · · Score: 0, Troll

    Yeah, you heard me.

    1. Re:America sucks by Yvan256 · · Score: 1

      Please don't generalize, eh?

  44. play sitting down...... by miniskunk · · Score: 1

    That may be but in videos they show people getting very active to hype the product making users think they must do the same. Not everyone who plays Wii is going to be a conservative sit down player.

  45. Try using it in another way by Iffie · · Score: 1
  46. Re:Shouldn't have to tell people to not throw thin by TBerben · · Score: 1

    Oblig Bash.org reference

  47. All I can think of is by sleeponthemic · · Score: 2, Funny

    How much these guys must suck at masturbation. Can't even hold a package.

    --
    I record my sleeptalking
  48. Bad functional design, if you ask me by Waccoon · · Score: 1

    I wonder if the problem would have been lessened by giving the Wiimote some texture, a properly curved gripping surface, or rubber sides. Real remote controls tend to get that kind of treatment, and we don't even whip those around in the air [often].

    Straight, flat, smooth, glossy plastic is a pretty bad way of designing something that's meant to be moved around a lot. But, hey, it looks really cool in promo shots, and looking cool is half of what sells stuff.

    1. Re:Bad functional design, if you ask me by dougisfunny · · Score: 1

      There is no problem if people hold onto the remote. The problem is when people hurl them.

      --
      This is not the funny you're looking for.
    2. Re:Bad functional design, if you ask me by geekmux · · Score: 1

      I wonder if the problem would have been lessened by giving the Wiimote some texture, a properly curved gripping surface, or rubber sides. Real remote controls tend to get that kind of treatment, and we don't even whip those around in the air [often].

      Straight, flat, smooth, glossy plastic is a pretty bad way of designing something that's meant to be moved around a lot. But, hey, it looks really cool in promo shots, and looking cool is half of what sells stuff.

      They thought about that, but realized they would have been sued anyway for infringement of something that resembled a Kung-Fu Grip(TM).

      In related news, Mr. Joe (a.k.a. "G.I.") was not available for comment. It was rumored that the only kung-fu grip he has left is the one he's trying to keep on his bowels.

  49. Lesson: Toys can be used to break stuff by captainpanic · · Score: 1

    A lawsuit against Nintendo for a broken TV? What is next? A lawsuit against football manufacturers for broken windows? When I was a kid, I learned that toys can be used to break stuff. It is a valuable lesson.

    1. Re:Lesson: Toys can be used to break stuff by plasmacutter · · Score: 1

      A lawsuit against Nintendo for a broken TV? What is next? A lawsuit against football manufacturers for broken windows? When I was a kid, I learned that toys can be used to break stuff. It is a valuable lesson.

      a fun lesson as well : )

      and it's also commutative.. stuff can be used to break toys as well.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  50. Original strap strength by ZorbaTHut · · Score: 4, Interesting

    When I got my Wii early on, I ordered the new straps. They arrived, I dutifully installed them, and in the spirit of scientific inquiry, I set about trying to break the old strap.

    You know what? Those things are tough. I tried a bunch of different ways to snap it and failed. (I did not resort to scissors.) Anyone who's breaking that accidentally is doing something very, very wrong.

    When the padded sleeves were released I got two of those as well, dutifully put them on, and after about half an hour of gaming remembered that I was allergic to silicone. Sleeve is removed now. I wonder if I could sue Nintendo for it.

    --
    Breaking Into the Industry - A development log about starting a game studio.
    1. Re:Original strap strength by vodevil · · Score: 2, Informative

      When I got my wii, I thought that these people were all ridiculous that they'd be able to break their strap and have the wiimote fly through a tv. However, one day while playing, my strap broke. I wasn't swinging like a dumbass to make it go flying across the room, but it did end up falling to the floor.

    2. Re:Original strap strength by Ogive17 · · Score: 1

      I was thinking the same thing about the straps. You have to routinely abuse the wiimote in order to weaken the strap to the point of failure... What I imagine is people putting the strap on and twirling it around on their wrist.

      --
      "Action without philosophy is a lethal weapon; philosophy without action is worthless."
    3. Re:Original strap strength by Anonymous Coward · · Score: 0

      There are a percentage of those straps that will fail due to manufacturing defects. Nintendo knew about these defects but did not recall them. Instead months later they issued the new versions of straps for free under pressure.

    4. Re:Original strap strength by Alata_Mors · · Score: 1

      I also got my Wii early, and along with two younger brothers, and one sister have worn the straps to nothing. All our Wii-motes are bare because of the sharper edges right where the strap attaches.

  51. Let's put wrist straps on hammers.... by Anonymous Coward · · Score: 0

    now stfu.

  52. Meh by Anonymous Coward · · Score: 0

    Real men don't use straps - or even 6 year olds. Didn't realise quite how many limp wristed people there are out there.

  53. Re:Shouldn't have to tell people to not throw thin by dougisfunny · · Score: 1

    If I were Nintendo, I would settle and offer helmets, elbow pads and bibs to anyone who was part of the suit.

    --
    This is not the funny you're looking for.
  54. Re:Hidden Evidence by geekmux · · Score: 4, Funny

    ...However, if they really have hidden evidence from the court, as they are accused of, then they should be punished for that.

    Man, I can't wait for that testimonial...

    "Your Honor, we do apologize, as we did try to hide evidence. We assumed the Wii was so easy to use, anyone could do it. Apparently, we we're wrong. Here is a list of those far too stupid to hold onto a plastic gaming device. Here is an example of the new version of the Wiimote. As you can see, it has the distinct shape of a beer bottle, which our research has shown..."

  55. Re:COME ON! GIVE IT UP! by dougisfunny · · Score: 1

    The people with the "broken tv set" shouldn't end up with $.02 they should get a helmet, elbow pads and a bib. Maybe some adult diapers too.

    --
    This is not the funny you're looking for.
  56. Faux Fox News For Geeks by westlake · · Score: 4, Informative
    And just like the McDonald's coffee lawsuit, it continues to sound silly even after becoming familiar with all the facts.

    The McDonald's lawsuit - as the a Geek tells the story - has all the elements of an urban legend. "Don't bother me with the facts, son. I'm on a roll here." You sell coffee in a cheap foam take-out cup at a temperature that can put someone in the hospital for weeks or months if it spills. There had been incidents before and you know the danger. That is why McD's lost the case.

    1. Re:Faux Fox News For Geeks by Svartalf · · Score: 1

      The biggest problem I have with the whole thing is that the parties in question should know that it was 3rd degree burn hot out of a pot to begin with- it's that hot coming out of most consumer and restaurant coffee pots (As in 155-160 deg water will cause a 3rd degree burn in an adult in approximately 1-2 seconds of sustained exposure...). To sue a company over it and win because there were "past incidents" that they knew about is disturbing because pretty much anyone's going to know that it's THAT hot to begin with. You're supposed to allow it to cool down slightly from serving temp anyhow. Putting a fragile cup of the stuff between your legs is inviting disaster no matter what temp it actually is- it's going to scald/burn you period.

      The whole thing is divorced from common sense in a way that shouldn't have happened. The people that got injured did something STUPID on their own- why reward it with anything other than what mother nature usually does when you do things like that, hm? It's not like McD's poured the stuff directly in her lap. Moreover, nobody going on and on about the "risk" will tell you that the temps involved with Coffee will almost ALWAYS cause 3rd degree burns if you apply it for more than a couple of seconds, even at the "lower temperature" that the other restaurants serve it at.

      The lawsuit shouldn't have happened in the first place. And if it had, it should have not went the way it did.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    2. Re:Faux Fox News For Geeks by westlake · · Score: 1
      Putting a fragile cup of the stuff between your legs is inviting disaster no matter what temp it actually is

      If you admit the cup is fragile - then you have as much as said that spills and burns are inevitable in the fast food and take-out service.

      McFact No. 5: A McDonald's quality assurance manager testified in the case that the Corporation was aware of the risk of serving dangerously hot coffee and had no plans to either turn down the heat or to post warning about the possibility of severe burns, even though most customers wouldn't think it was possible. McFacts About The McDonald's Coffee Lawsuit

    3. Re:Faux Fox News For Geeks by Svartalf · · Score: 1

      It does not negate either remark I made.

      It's a Darwin Awards territory thing- SERIOUSLY.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  57. Lawyer looking for a Lawsuit by tg123 · · Score: 2, Informative
    Is it just me or does this seem like a lawyer looking for an ambulance to chase?

    I have two words to sum this case up - frivolous lawsuit.

    I don't think I have heard of something so ridiculous to sue about.

    People when you use the Wii you have to keep a hold of the remote/controller.

    How hard is this to grasp? (sorry about the pun).

  58. So much for meritocracy... by divisionbyzero · · Score: 1

    America has gone from rewarding the innovative and industrious to rewarding idiots. I suppose I should wait till the verdict...

    1. Re:So much for meritocracy... by Anonymous Coward · · Score: 0

      > America has gone from rewarding the innovative and industrious to rewarding idiots.

      Including voting them into office - twice

  59. That's not the point of class actions. by plasmacutter · · Score: 2, Insightful

    The point of class actions is to tell companies to stop doing something harmful to the public in the only language they know how: money.

    some messages brought to companies through lawsuits:

    "don't sell cars that explode at the slightest touch"
    "don't dump toxic waste on, near, or into waterways servicing residential land"
    "make your QA better on safety equipment"
    "don't put cameras in bathrooms"
    "don't help the government spy on us without a warrant" .. and many, many more.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    1. Re:That's not the point of class actions. by LingNoi · · Score: 1

      Apart from in this case its not accurate as the people doing harm are the consumers mis using the product.

      Throwing the controller around hard enough to fly out your hand and break stuff causing injury isn't using the wiimote correctly.

      The instruments in the wiimote won't even register that much force, they were designed to be used slowly not to be flung around at 1 million Gs of force.

    2. Re:That's not the point of class actions. by Anonymous Coward · · Score: 0

      oh I fully agree, but the rant was against all class action lawsuits on the merits that nobody but lawyers got an appreciable amount of money.

  60. Its a game by tg123 · · Score: 1

    You're ignoring the circumstances of the situation. What's next, if you kill yourself in a car accident, it's your fault? Even if the seatbelt broke because it couldn't take the force of a crash? And it would have saved your life if it was engineered properly?

    the facts, but just toss them aside...... etc

    first thing its a game!!!

    the strap is there for convenience its not a safety device. Its designed so you can dangle it on your wrist.

    your previous examples are about life or death and in those situations yes I wouldn't expect them to fail.

  61. Hurling Wiimotes by rlp · · Score: 2, Informative

    I've had a Wii since the release date. My whole family has been playing Wii games since then and have NEVER hurled the WiiMote. I think the only way someone could accidentlly hurl the WiiMote is if substantial quantities of alcohol were involved.

    --
    [Insert pithy quote here]
    1. Re:Hurling Wiimotes by Ogive17 · · Score: 1

      The first time I played at a friend's house the wiimote slipped out of my hand when I took a swing playing tennis. I wasn't drinking, just not doing something I was use to.. odd since I played enough golf, baseball, tennis in my life and never lost grip of any of those items while swinging.

      But the strap on my wrist kept the wiimote from slamming into the wall. I bought my own wii shortly after that, and 18 months later I haven't had another slip. I can understand someone losing their grip once or twice.. but you seriously have to abuse the strap to weaken it enough for it to fail when you throw it.

      --
      "Action without philosophy is a lethal weapon; philosophy without action is worthless."
  62. skimmed the court filing and internal docs by bi_boy · · Score: 2, Informative

    Seems if anything at least Nintendo is going to get burned here:

    Despite actual knowledge of hundreds of incidents involving broken televisions over time and subsequent to December 27, 2006, Defendant failed to report the existence of even a single "Incident" to the CPSC in its Monthly Reports to the CPSC. Defendant systematically and intentionally was untruthful in its representations to the CPSC, see Exhibit 8 attached hereto.

    --
    Chicken fried butter sticks? Do ... do you use a fork? - Black Mage, 8-Bit Theater
  63. Nintendo made a mistake including the strap by brunes69 · · Score: 1

    If the strap had not been included then none of these lawsuits would even have a case, because the honous would be solely on *the player* to not be a moron and release the remote while playing the game. Because Nintendo provided the strap, they therefore imply that it is fit for it's purpose (to keep the remote from flying), and open themselves to lawsuits on failures.

    They never should have included he straps. I hate the damn things anyway I removed them all almost right after I got the console.

  64. at last! by token_username · · Score: 2, Funny

    So does this mean I can now sue all those irresponsible baseball manufacturers since their balls apparently malfunctioned and went through windows?

    When will people start to take responsibility for their own actions?

  65. Mod parent up by Anonymous Coward · · Score: 0

    Mod parent up . . . this is the first analogy I've read in this thread that actually seems to have relevance.

    1. Re:Mod parent up by Anonymous Coward · · Score: 0

      Unfortunately there are 100x as many counter-analogies. When you go to work, your car could fall apart into pieces, the bridge you cross could collapse, and the floor in your office could collapse under your weight. It makes no sense to be "more careful", at some point you have to trust that things were engineered correctly.

  66. Reading comprehension by Grashnak · · Score: 1

    God forgive me, I thought it said Wiimote strapon. Right there I was almost convinced to buy a Wii.

    --
    Life needs more saving throws.
  67. Re:-1, Flamebait by Beyond_GoodandEvil · · Score: 1

    Hopefully nobody tries to put 6million of your relatives "in the gas chamber."

    Hell, I've got karma to burn, NEWSFLASH millions of non jews also died in the gas chambers(Poles, Slavs, Gypsies, German communists, anybody the nazis didn't like).

    --
    I laughed at the weak who considered themselves good because they lacked claws.
  68. Re:Shouldn't have to tell people to not throw thin by arthurpaliden · · Score: 1

    Warning on my extension ladder with 'Non-Slip Feet'.

    WARNING: Do not stand ladder in cow manure"

  69. Re:Shouldn't have to tell people to not throw thin by SBFCOblivion · · Score: 1

    I'm surprised we haven't seen any court cases by people who wiped their asses so hard the paper ripped and they got shit on their hands.

    Why didn't I think of this before? My smelly hands will have vengeance!

  70. PEBWAT by Anonymous Coward · · Score: 1, Interesting

    Problem exists between Wiimote and TV.

    It's the person's fault.

    A week after I got my Wii in 2006 I was playing red steel and performed a sword maneuver that includes raising both wiimotes and slashes downward. On the upswing the cord flipped behind my head and caused the cord to become taught, pulling the nunchuk out of my hand. The continued downward motion pulled the cord across the back of my neck and launching the nunchuk at my face. The impact was so hard that I had impacted cuts on the side of my nose and on my cheek.

    I'm not suing because I recognize I'm the stupid idiot that used the device wrong.

    This is in the same vein as the people who are too stupid to hold onto the wii mote properly or were doing stupid things that caused their straps to fray and become stressed (I'm still using the original weaker straps and they're fine).

    People need to take responsibility for their own stupidity.

  71. not every comment needs a title, slashdot by Anonymous Coward · · Score: 0

    Well, I guess this'll be a great windfall for the... what? 5 people who've been able to purchase Wiis since they came out?

  72. Re:Shouldn't have to tell people to not throw thin by Rutefoot · · Score: 1

    But if tennis players did, then perhaps I might actually watch it.

  73. Yes it does need a strap by geekoid · · Score: 1

    No, the strap is needed.

    The primary reasons my family bought a Wii is that Nintendo has the largest selection of games for kids under 13.

    Since I have two young children. Their smaller hand, play focus, developing coordination all mean that controller will be leaving there hands involuntarily. It's just going to happen.

    So yes, it DOES need a strap. Should I sue if the throw the thing at my TV? no, assuming there isn't a fault with the strap or controller. I have yet to see any issue with that, and I ahve seen by kids loose control of the remote. Since they had the strap on properly, there was no issue. except they got upset when it cost them the game.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:Yes it does need a strap by cromar · · Score: 1

      So yes, it DOES need a strap.

      No, no, no. That's what duct tape's for.

  74. An idea? by deepthoughtless · · Score: 0

    I know, let's all sue everyone and everything for anything bad that's ever happened to us! I remember stubbing my toe on a chair once. I was running, the toe broke. Now, I don't recall that chair coming with an owner's manual stating that broken toes may result from improper placement of chair. I'm thinking Target's got deep enough pockets to get me set financially for a few years. The emotional trauma, the countless things I COULD have done had I been able to walk and run properly that few weeks, but now will get the chance to do. What if that was my chance to meet a /.-reading wife? I grow weary of lawsuits against companies that took insufficient pre-emptive action against the stupidity of others.

  75. CLearly you are unfamiliar with the case by geekoid · · Score: 4, Informative

    If you are serving coffee that hot, you are a poor host.

    You don't serve coffee at 198 degrees. That's not 'Hot' that's dangerously hot.

    She did not get 'millions', she got an undisclosed amount under 500K. Probably well under 500K. She want to sue for hospital expenses. The Jury awarded 7 million, but like all lawsuits, it was appeal several times.

    you think 180 degrees is drinkable immediatly? Either you haven't thought about this at all, or you have a callus for a tongue.

    FYI You can ask for hotter coffee in most places.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:CLearly you are unfamiliar with the case by Arker · · Score: 1

      If you are serving coffee that hot, you are a poor host.

      Thanks for demonstrating your ability to respond without even reading the post you're responding to. Now if only slashdot would expand the allowance for 'foe' listing I'd have one less insincere poster cluttering up the articles I read with pre-written propaganda.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    2. Re:CLearly you are unfamiliar with the case by Anonymous Coward · · Score: 0

      Uh, given that you brew coffee at roughly 200 degrees Fahrenheit, serving fresh coffee at 180 degrees isn't unreasonable.

  76. Re:Shouldn't have to tell people to not throw thin by geekoid · · Score: 1

    Nintendo recognizes that some people can loose control of the controller
    Nintendo designs a strap with a flaw in it.
    They are aware of said flaw.
    They choose to cover up the flaw
    Flaw causes someone to break their TV.

    Nintendo seem to be responsible for knowingly shjipping a defective device.

    to people that say 'what kind of moron let's the controller slip from there hands', I congratulate you on your perfect 20 Dex.

    I would like to remind you that young children with less then perfect Dex and limited life experience will loose control of the controller.

    As will some people enjoying them selves at a part.

    Yes, they should not have to tell people not to throw the remote.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  77. Re:COME ON! GIVE IT UP! by geekoid · · Score: 1

    Which is why I think no Attorney should get more the 15% or 1 share, whichever is less.

    Pretty much fix things right there.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  78. Re:-1, Flamebait by sheph · · Score: 0

    And on that cheery note the thread died.

    --
    I don't believe in karma, I just call it like I see it.
  79. Learning design lessons by Anonymous Coward · · Score: 0

    Every game since wii bowling that uses a "release a button while swinging wiimote" mechanism has you release the button on top instead of the trigger. Instinct with release of the index finger is the release of middle, ring, and pinky fingers. But when you release with thumb, you still have four fingers holding the controller. It's interaction design at work.

  80. Re:Get a life (Japan?) by Deathnutz · · Score: 1

    Americans are so sue happy. Is this only a problem in the US or is it also in Japan? Perhaps Nintendo will come out with an amazing VR game machine, but not sell it in the US for fear of being sued somehow. Makes me sick. So sick, that I blame U.S. Court system for allowing this sort of nonsense. Perhaps they need to be sued for my outrage that has lead to depression and makes it so I can't work for a living anymore. What's the deal with every gaming company being sued?!

  81. Re:Get a life -- Imperfect System by mlwmohawk · · Score: 1

    I have a number of friends who are lawyers, and through them I have gained an appreciation for the law. Law suits are a tricky thing, who pre-judges the suit's validity or merit before it goes to court?

    You can't have a lesser authority as gate keeper because that just creates an expensive layer of bureaucracy. It would only allow well funded people through the system while over burdening poorer people.

    So, the only fair way to judge a suit on merit is in court, any other way is just makes the situation worse.

    The system is not perfect, any system devised and operated by humans is imperfect. How do you fix it without harming the people the system is intended to protect?

  82. Nation of Irresponsibility by th3rmite · · Score: 1

    Seriously, the United States is quickly becoming a nation where nobody is required to take responsibility for anything they do.

    How can someone honestly say that it wasn't their fault they threw their controller and broke a T.V.?

  83. How the hell do you break a TV with a Wii Remote? by Anonymous Coward · · Score: 0

    I mean, it's a little piece of plastic that weighs less than half a pound. The only real ways you can break a TV with one is if you are (A) able to throw a 100+ MPH fastball (maybe) or (B) you are standing too close to the damn TV and knock it over with your arm while holding the Wii Remote. Guess which one seems more likely?

    As for the McDonald's coffee incident, read the facts here: http://www.lectlaw.com/files/cur78.htm

    In short, Stella Liebeck was in the passenger seat of a stopped car, trying to add cream and sugar to her coffee, when she accidentally spilled it on herself. She suffered 3rd degree burns to her crotch and other areas, spent 8 days in the hospital, and had to get skin grafts. It was found that the coffee was most likely hotter than 180 degrees, a temperature sufficient to cause 3rd degree burns in under 7 seconds.

  84. Brew vs serve, "hot" vs "3rd degree burns" by Chris+Burke · · Score: 1

    Thank you for this piece of sanity.

    Whenever this comes up, we have people who first say "Who doesn't know that coffee is hot and you should be careful with it?" and then say "But that's how hot coffee is supposed to be!" with links to Wikipedia or other sources indicating that coffee should indeed be brewed at temperatures similar to what McDonalds was serving their coffee at.

    For the first, there's a big difference between "Everyone knows coffee is hot" and "Everyone knows acetylene torches are hot". I don't know anyone who treats coffee with a level of care proportional to the degree of injuries caused by this coffee. You wouldn't walk around your office casually holding a lit acetylene torch in one hand while you carry your laptop or shake hands with coworkers with the other, and you wouldn't expect that if you did accidentally spill your coffee on yourself that you'd be in the hospital for a week getting skin grafts. That's not in anyone's expectation. I don't think most people even associate 2nd degree burns with hot coffee, much less 3rd.

    And for the second, as you stated, and is so obvious, there's a big difference between brewing and serving. You don't stick your mouth directly under the drip, because you know you'd get burned. Because it's too hot, indeed dangerous, to drink.

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    The enemies of Democracy are