Nintendo loses appeal in Nintendo eShop lawsuit in Germany

Nintendo lost the Nintendo eShop lawsuit in Germany, potentially paving the way for changes to your ability to cancel pre-orders in that country and elsewhere.

Long-time Nintendo fans know that the company has a history of taking legal action, especially when it comes to the DMCA; over the years he has targeted a bunch of fan projects such as a Metroid 2 remake and fanmade The Legend of Zelda Game. Recently, however, the Japanese company found itself on the other side of the courtroom, defending its pre-order cancellation processes in Germany – and it just lost its most recent appeal.

What happened with the Nintendo eShop lawsuit in Germany?

The Nintendo eShop lawsuit centered on pre-orders and refunds. Nintendo had recently changed its worldwide pre-order policy with the introduction of a 7-day refund window, but this proved to be a point of contention in Germany.

As Nintendo Life reports (via Reddit), securing a pre-order in Germany involved a legal exception to traditional refund policies. However, the court ruled that Nintendo did not quite meet the requirements for this exception in the lawsuit. Simply put, the German court ruled that a preloaded game does not constitute a usable product and therefore Nintendo was unable to enforce a shortened cancellation window.

So what does this mean for Nintendo eShop? It’s unlikely there will be any major changes soon, but Nintendo could change its refund policy in Germany – and possibly the rest of the EU as well, as many of these countries share consumer protection laws. just as strict. These changes may also extend to other regions of the world.

At this time, we don’t know exactly how Nintendo will react to this decision. What is clear, however, is that consumer rights advocates have won a major victory with this ruling.

Do you think you should be able to refund pre-orders? How do you think the Nintendo eShop compares to other digital game stores? Let us know in the comments below!

Timothy C. Mayo