Random Thoughts – Randocity!

Can I sell my video game?

Posted in nintendo, Playstation, video game, xbox by commorancy on April 27, 2019

The answer to this question depends on how the game was originally sold to you. Let’s explore.

United States and First-Sale Doctrine

The United States has a lesser understood, but very powerful doctrine known as the “First-sale Doctrine”. This doctrine defines important limitations and exclusions afforded to purchasers of copyrighted (and trademarked) materials. This doctrine is so important that without it, copyrighted and trademarked works couldn’t easily be sold and definitely couldn’t be resold. Basically, this doctrine allows (and is designed) to allow resale of copyrighted works without having to notify or turn over resale profits to the original creator. Via the ‘exhaustion rule’, the original creator ‘exhausts’ specific resale rights once he or she sells a copy of that work to someone else.

Originally, the First-sale Doctrine covered such physical media as books and records. At the time of the the creation of this doctrine, digital media wasn’t in existence. However, this doctrine has also come to apply to software delivered on physical media (such as CD-ROM, DVD-ROM, Hard Drive and even Flash ROMs). Software includes music, movies and, yes, even video games.

In short, this doctrine says that once a creator who holds all rights to a specific work sells a copy of that work, the creator relinquishes all further sales rights (among other rights) of that specific copy. For example, if an author writes a book and a copy of that book is printed and sold, the creator no longer holds any further sales rights to that physical copy of that physical book. If the new owner (purchaser) of that book chooses to sell it, burn it, chop it up into pieces or hold onto it, that’s entirely the purchaser’s right. The one right that is not given to the purchaser is the right to make new copies of it.

However, the new owner can sell their original copy of that book for any amount of money they wish and the original creator no longer has any claim over that sale as that was exhausted after the “First Sale”… hence, this doctrine’s name.

Physical Media Video Games

With video games delivered on physical media, like a CD, DVD or similar, in the US the First-sale Doctrine applies. The copyrighted work exists within a legitimate “First Sale” purchased media. This means that as the “First Sale” purchaser, you now enjoy resale rights given to you over that media. This means you can take that video game DVD back to Gamestop or any other used game seller and sell it back to them for any amount of money they choose to give you. You can also sell it to a friend or put it on eBay and sell it to anyone who wishes to buys it.

Owning a physical original “First Sale” copy of a video game gives you the right of resale.

Buying Used Games

Buying a used video game also affords you “First Sale” rights over that original media. Even though the used physical copy wasn’t sold to you by the content creator (does that ever happen anyway?), the “First-sale Doctrine” still applies to all purchases of original media. However, if the game is counterfeit or has violated copyrights to come to exist, these are unauthorized copies not protected by the “First-sale Doctrine”. Only authorized copies of works are protected by the First-sale Doctrine.

Digital Video Game Sales?

With digital video game sales, this is where things get tricky and where the waters get murky with regards to the First-sale Doctrine. Why? Because it’s a bit more tricky to determine the “original media”. With a DVD that was produced by a manufacturer authorized by the creator, the chain of change in ownership is clear.

When you download a copy of a video game to a hard drive, the chain of ownership remains unclear. In order to sell a single digital copy of a game, you’d have to make a copy to sell it. This new copy would infringe on the copyright holder’s “copy” rights. That means you would have to make an illegal and unauthorized copy to sell it. For this reason, you can’t sell a digitally downloaded copy easily. However, that doesn’t mean the game can’t be sold. It just can’t be sold in the way that you think.

With that said, you can sell your digital video game copies under a very specific circumstance. It will also not violate copyright laws and the sale will adhere to the First-sale Doctrine. Once you click the download button to download that digital copy, the game will be stored on your hard drive on your console or computer. So long as you do not move, copy or transfer that data to another media, that “First Sale” video game is stored on its original media. That means that the copy stored on your hard drive is the “First Sale” copy.

Why is the “First Sale” copy important? It’s important because this copy is the original (and only) copy you received from the purchase.

How Can I Sell a Digital Game?

How can you sell it? Well, that’s the tricky part. You can’t sell only that game. You can only sell the media it lives on. This means you’d need to sell the hard drive that that game lives on. Unfortunately, that’s not enough to authorize play of the game. That hard drive also resides in computer or console.

For PlayStation and Xbox and likely the Switch, there’s also a “license to play” which is part of, but separate from the game download. This “license” lives in a separate location and must be present for the game to play on that console. That “license” is also tied to your “Store” account with Xbox, PlayStation and Switch.

This means that to sell your digitally downloaded games (plural), you’d need to sell not only the hard drive, but the entire console AND your Xbox Live, PSN or Nintendo ID account to have the First-sale Doctrine apply. Basically, you’ll have sold everything needed to ensure the game will play. Of course, you’ll have sold your whole console and all other games along with it. Yeah, it’s kind of overkill, but it’s the only way to sell digital games and stay within the First-sale Doctrine.

With physical media, the license is the media itself. With digital media, the licenses are stored separately and become part of your network account. This means you have to sell the console, hard drive (and all games and content) and your network account. Selling a physical copy of a game is, then, much easier.

Copying Games

The Xbox and the PlayStation allow for copying games from one media to another. The difficulty with this process is that it likely invalidates the First-sale Doctrine. In order to copy a game from your internal media to an external drive, the system has to make a full and complete copy before deleting the original.

Once the system deletes the original, only the second copy remains. This second copy may violate (and invalidate) the First-sale Doctrine. No longer are you playing the original “First Sale” copy. Now, you are playing a copy of a copy that the PlayStation or the Xbox created. However, content creators using the Xbox or PlayStation stores may have to agree to authorize this copying process in advance. If the developer legal agreements require this, then any copied games may still be protected by the First-sale Doctrine.

What this all means, though, is if you sell your console with any games which have been moved from one drive to another, you may not be protected by the First-sale Doctrine.

This situation also exists if you delete your “First Sale” copy from the hard drive, then re-download the game from the store later. No longer are you technically playing the “First Sale” copy. This makes the “First-sale Doctrine” more difficult to apply to video game and harder to know if “First Sale” still applies. It gets even more complicated with…

Game Updates

Because video games require periodic updates to fix bugs and improve the game, this may also invalidate the “First Sale”. Even though the updated copy comes from the original creator, what you bought isn’t what you’re playing after an update. Unfortunately, these nuances to video games, copyrights and “First Sale” have not been challenged in a court. Only a court of law could rule on what applies and what doesn’t under such circumstances as game updates and when copying from one media to another using built-in system tools.

Selling your Console

To sell a specific digitally purchased video game, you’d have to sell not only your entire console unit, you’d have to sell your network ID account that authorizes play of those games. If you did this, you can legally sell these digital copies of your games under “First Sale”.

However, you’re not technically selling a game itself. You’re selling the console and everything that it contains, including all digital copies. To allow for those games to be played by the new buyer and to ensure the seller relinquishes all access to those “First Sale” copies to the buyer, you’d have to sell them your network ID. This means that you have transferred all “First Sale” rights of any games on the console to the buyer and you have entirely relinquished access to those games for yourself.

For you to play a game that was on that console again, you’d have to purchase it anew on a new console using a new network ID.

Game Saves

Saved games are not part of the original “First Sale” game download. These are created separately by the game as User Generated Content after playing the game. In theory, you should be able to make external copies of your saved games (as long as the console allows for this) and import these into any new console you purchase later. This way you could continue playing a game should you buy that game again in the future.

With that said, if a saved game contains any copyrighted content used within the game, copying your saved games might cause copyright issues for you. Though, it would be a separate copyright concern from the game itself. Your game saves are separate content from the game and were created as part of playing the game. With game saves, the player might even be able to argue some copyrights over saved games depending on exactly what is stored in the game save.

For example, if you’re using a music program and you create digital music, when you create a save from that application, you own that game save and you own any original music content you created as part of creating that digital music. The same concept applies to a video game. Because you were playing the game, a game save may contain unique things to your specific game play through. This means that that content is unique to you for that game. As a result, you may own portions of that created content… the portions that were unique to your game play.

However, if the game save contains copyrighted music files, image files or similar, you won’t be able to claim ownership over that content. You can only claim ownership over the content that’s unique to your play through (i.e., your character’s appearance, your character’s wielded weapons, your character’s clothing combination, your character’s stats). All of these character stats combine to create something unique to you… and you may be able to own the copyrights over that uniquely created content.

One thing is certain, save games are not considered as part of the “First Sale” of the game itself. Game saves are items created by the game after the game has been sold to you.

Overall

Can you sell your video game? Yes, under specific circumstances described above. Purchasing physical media of a game is by far the easiest way to resell your game without any problems. Physical copies of video games are completely protected by the First-sale Doctrine.

Unfortunately, selling an individual digital download copy of a video game you purchased through an online game store and downloaded directly to your console (or PC) isn’t possible. While you can’t sell an individual game, you can sell the entire console (or PC), its hard drive(s) and all account(s) associated with the games and that sale will fall under the First-sale Doctrine. Unfortunately, that means you lose access to your entire video game system and any game library you had amassed while you owned the system. No, it’s not in any way optimal, but this is the only one afforded to digital goods consumers under the current U.S. copyright laws.

If you wish to be able to sell individual video games easily after you’re done playing, you’ll need to stick with purchasing physical media boxed copies from a store.

Disclaimer: This answer is written for United States residents. If you’re reading this in another country, you should consult with your country’s own copyright laws for details regarding video game resale rights.

↩︎

Advertisements

Console Review: Nintendo Switch

Posted in nintendo, technologies, video gaming by commorancy on August 17, 2017

Back in April, I wrote an article entitled Why I’ve Not Yet Bought A Nintendo Switch. It’s now August and I’ve decided to take the plunge and buy a Switch based on a comment I heard about The Legend of Zelda: Breath of the Wild. I hadn’t yet played this game (in part because I was disappointed with the last Zelda installment). However, someone told me that it is effectively Skyrim. That comment piqued my interest. The Elder Scrolls series is one of my two most favorite video game series, the other being Fallout 4. I’ve always liked Zelda, but didn’t want to play it on the Wii U. So, I decided it was time to give the Switch a try (assuming I could find one in stock). After turning the unit on, it became quickly obvious just how limited this tablet really is. However, I am looking forward to playing the Skyrim port on a portable. Let’s explore.

Best Buy

As luck would have it, when I arrived at Best Buy to pick up my pre-ordered copy of Agents of Mayhem for the PS4 (haven’t started playing it yet for reasons that will become obvious), I asked a floor person if they had any Nintendo Switch consoles in stock. To my surprise, they did. I picked one up on the spot, and with it a copy of The Legend of Zelda: Breath of the Wild. I also picked up a few Amiibo that I didn’t have and a Switch Pro Controller in hopes of avoiding the Joy-Con problem. I have heard the Joy-Cons can lose connectivity when operating wireless, dropping their connections mid-gaming. I had experienced this exact problem with the PS3 controller after its release and I definitely do not wish to revisit that problem on the Switch. Even the Best Buy floor representative confirmed the wireless disconnection problem with his own personal Switch.

Note, I also decided to picked up the Switch at this time because it’s still well before the holiday season when finding things in stock gets crazy impossible. I’m planning on playing Skyrim and wanted to have a Switch before Skyrim releases during the holidays (no release date as of this article). I would also like to see Bethesda port Fallout 4 over, but that’s probably a pipe dream. Let’s get right into the meat of this review.

Tablet Weight and Size

Starting with size, the one thing that I immediately noticed upon opening the box is how small this tablet actually is. My NVIDIA Shield, my iPad and my Galaxy Tab S are all actually much bigger than the Switch. Even the iPad mini is bigger than the Switch. Let’s just say that its much smaller than I had expected. In a portable, I guess that’s okay. Of course, after attaching the Joy-Cons, the tablet becomes much longer. As for setting it up, the tablet setup was easy and fast, unlike the Wii U which seemed overly complicated. The slowest part was setting up a Nintendo account (see below).

The weight of the tablet is average, not too light and not too heavy. After you attach the Joy-Cons, the weight becomes more substantial. I’ll probably leave the Joy-Cons attached most of the time because the Switch Pro Controller works spectacularly well even though it costs ~$70. Anyway, the screen is smaller than I expected, but it is still readable. However, the screen controls inside Breath of the Wild are far too small. In fact, this tabsole suffers from the same exact problem as did the PS Vita. The screen resolution is so high and the icons are drawn so small that it can be difficult to touch or read some of the text on the tablet screen. When played on a TV, this isn’t a problem. Though, the tablet screen is bigger than the PS Vita and the play area is quite nice, the tiny icon problem remains. Nintendo can fix this issue in later games, but for Breath of the Wild, it suffers a bit from the tiny icons when playing on the tablet screen.

Graphics and Game Performance

After playing Breath of the Wild for just 15 minutes, it is quite obvious. This tabsole is workhorse fully capable of producing solid frame rates on both the tablet display and through the dock on a large screen TV. In fact, the ability to switch back and forth between the tablet display and the TV display is so seamless, it just works without thought. Simply slide the tablet into the dock and it’s on the TV. Hooking the dock up to the TV was a cinch.

What accessories does the Switch support?

  • microSDXC and microSDHC cards
  • 32 GB built in tablet memory
  • card slot for games (they’re card based)
  • Amiibo support (both on the controller and on the tablet)

Interestingly, there are tablety features missing such as:

  • No cameras (rear or front)
  • No microphone
  • No stylus (interesting because the 3DS was all about the stylus)

However, the Joy-Cons have a unique slide attach system. This means that in the future such devices as microphones and cameras may become available as slide-on accessories. It is unknown if the slide-on accessories can be stacked. Hopefully, Nintendo did design the slide-on accessories to be stackable. Even if they aren’t stackable, you can still use the Joy-Cons wirelessly when other accessories are connected.

Joy-Cons

I would be remiss if I didn’t discuss these controllers. These controllers (light gray – right, blue/red – top) slide onto the left and right side of the tablet (or the left and right side of the adapter). They’re nice enough and have a good joystick feel, but overall they’re only just okay. The buttons are too small for my liking. When you take the Joy-Cons off and attempt to use them separately or attached to the Joy-Con controller adapter (pictured right), they still don’t improve much. The real improvement is in using the Switch Pro Controller (pictured below). Interestingly, in addition to the Joy-Con adapter, there are two slide-ons included for each Joy-Con that attaches a wrist strap. I guess because of the Wii and people breaking things by throwing them at the TV, Nintendo has learned its lesson. Needless to say, these two wrist strap attachments do provide the Joy-Cons with a more polished, finished look and feel when attached. Interestingly, Nintendo did not include simple rounded end closures for the sides of the tablet itself to make the tablet also look finished when the Joy-Cons are detached. The unfinished tablet side ends just hang out to collect dust and dirt.

Switch as a Tablet

In this day and age with the likes of the Samsung Galaxy Tab and Apple’s ever larger and larger iPad versions, coupled with the iOS or Android, these modern tablets are both functional as productivity and browsing devices, but they can also be used for high intensity gaming… with controllers even. Clearly, only Apple tablets support iOS. However, many many tablets support Android. In fact, Android is likely to become the operating system of choice on tablets, far and above iOS or Windows in deployments. Why? Because it’s open source, it’s designed to work with tablets, it performs well and it’s well supported. It also means that there’s a crap ton of applications already available on this platform.

Unfortunately, here is where the Nintendo Switch completely falls down. Nintendo has opted to use its own proprietary operating system to drive the Switch. This has the obvious downside of not running any existing apps or games. This means that as a Switch owner, you are entirely at the mercy of Nintendo to provide every app you could ever want. And herein likes the biggest problem.

While the games run like a champ, the Switch cannot become a useful tablet itself because it does not benefit from inheriting existing games or apps from Android. This is entirely the problem with the Switch in a nutshell. When you power the Switch on, you’ll quickly notice that there are a very very limited number of games in the Nintendo eShop. In fact, there are so few, it’s probably not worth considering the Switch as anything other than a Nintendo gaming system.

Switch as a Game Console

Unlike the Wii U that offered a dual display (the Gamepad touch screen in addition to TV screen), the Switch can only display on the TV or the tablet one screen at a time. When docked, the tablet display is covered and disabled. With the Wii U, you could use the Gamepad screen for maps or inventory or other useful drag and drop features. With the Switch, that’s not possible. That Nintendo has dropped the two screen idea entirely is a bit unusual. I did like being able to perform certain gaming tasks (i.e., rearranging the inventory) on the second screen. Yes, it was of limited use, but having the second screen for certain gaming tasks made a lot of sense.

Nintendo never learns

By now, you would have thought that Nintendo would have learned its lesson from failure of the Wii U. Yet, here we are… back in the same boat as the Wii U. This means that, yes, it’s a tablet but, no, you cannot use it for anything other than gaming. Nintendo, if you’re planning to design a device like this, you also need to understand the bigger picture. This is a tablet. As a tablet, in addition to gaming, it should be able to run standard apps that are found on both Android and iOS. Unfortunately, there is nothing available (not yet anyway). In fact, the Switch is currently missing the most basic of apps such as Netflix, Amazon, Facebook, Twitter, Instagram, a web browser or any other social networking app. While the OS may support sharing some content to some of these services, that’s as far as it goes. You cannot use the tablet as a general purpose device. Such a shame as this means that you will have to carry the Switch around with another tablet or device.

In fact, as a Nintendo device, it doesn’t yet even support Miiverse, not that that’s a big loss. It also doesn’t currently support StreetPass (and may never). That’s a bit odd for a portable gaming device produced by Nintendo. You would think that Nintendo could at least support its own social platforms out of the gate.

Nintendo Login

The bizarre choice to require a Nintendo website ID instead of the Nintendo Network ID to log into the eShop is completely unexpected. Like the Nintendo 3DS, I fully expected to type in my NNID login and password and be on my way. Nope, I had to run over and create a brand new login ID through the web site, then link it to my NNID, then use that new login and password to have the Switch login. Bizarre. Nintendo seems to make these arbitrary and haphazard changes with each new console iteration. I’m not yet even sure what benefit jumping through this hoop actually provides. Though, once you log into the Nintendo Web portal, you can link in your Facebook and Twitter accounts. So, perhaps it’s a way to link your social networks? *shrug*

The one thing that irks me is that you must type in your Nintendo Login password each time you want to enter the Nintendo eShop. Why it can’t remember your password for even a few minutes is frustrating. Better, give me the option of saving my password on the console so I don’t have to type it each time. If you want to add a security feature against accidental purchases, require a separate four (4) digit pin code which must be typed before each purchase. Typing in four (4) numbers is far easier than typing in a long password string. Figure it out Nintendo.

Nintendo Online

With the introduction of the Switch, Nintendo has created (or will create) an online service. This service, I’m guessing, is to be similar to Xbox Live or PlayStation Network. I’m assuming it will offer multiplayer gaming and other perks, but we’ll have to wait and see what it intends to provide. It doesn’t officially launch until 2018 and will sport a $19.99 a year price tag (though you can pay monthly). Whether or not that’s the final price tag remains to be seen. Considering that both PSN and Xbox Live are well more costly than that, I’d fully expect Nintendo to raise the price of this online service in short order. After all, it’s not inexpensive to build and maintain services in AWS or Google Cloud or even in your own data center.

Overall

The Switch is definitely great at gaming. However, because Nintendo has chosen for the Switch not to be a general purpose tablet or run an operating system with a boatload of existing software (i.e., Android), it will only ever be a single purpose gaming tablet. Personally, I think that’s a huge mistake on Nintendo’s part. Nintendo is gambling an awful lot on this limited tablet design. I personally believe this gamble will not pay off for Nintendo and may leave the Switch as dead as the Wii U. Thanks for thinking ahead there Nintendo. For playing Nintendo game franchises (Mario, Zelda, Pikmin, Pokemon, Splatoon, Metroid and so on), the Switch will do fine. Barring the upcoming Bethesda port of Skyrim to the Switch, I can’t foresee much in the way of non-Nintendo franchises or other blockbusters being developed or ported. In fact, Nintendo probably paid Bethesda a boatload to get Skyrim ported. However, I wouldn’t expect third party ports to continue much into the future. Nintendo will, once again, be forced to give up on that idea of wooing AAA titles to the Switch … which will ultimately limit the platform to Nintendo properties (the entire reason the Wii U failed).

The Switch will become just like the Wii U, the third most popular game console. It will sell to those parents who trust the family friendly nature of Nintendo’s games. However, for adult gaming or using this tablet as a replacement for the iPad, nope. It has a nice enough hardware design, but it just has too many shortcomings to be the end-all of tablets. Because it does not support general purpose tablet use, a parent cannot justify it as an educational tool or even a browsing tool, unlike an iPad or Samsung tablet at around the same price point. Sure, it supports Nintendo’s game franchises, but is that enough? No.

Personally, the Switch is just a little too weighty (and way too lacking of general tablet features) to carry it around all of the time. Instead, I’ll use it at home like a console when docked or use it as a portable around the house when I do laundry and such. If it had Android, could access to the Google Play store, had access to an existing library of tablet games, supported a browser and included other general purpose computing features, I could much more easily justify carrying it with me all of the time. Unfortunately, that’s not going to happen with this version of the Switch. Perhaps Nintendo can make this right with an OS update, but certain things cannot be solved in software (i.e., lack of a camera or microphone). The lack of a microphone will seriously hinder multiplayer usage.

The final takeaway is, don’t go buy a Switch expecting anything more from this tablet than playing Nintendo game franchises. For the price of the Switch as a tablet, it’s way under-designed.



Hardware Build
: 5 Stars
Hardware Features: 4 Stars (missing camera and microphone)
Software / OS: 1.5 Stars
Joy-Cons: 3 Stars
Pro Controller: 4 Stars
Overall: 3 Stars

Agree or disagree with this review? Please leave a comment below. I’d love to hear your thoughts about the Nintendo Switch.

 

Tagged with: ,

Why I’ve not yet bought a Nintendo Switch

Posted in botch, gaming, nintendo by commorancy on April 13, 2017

I’m usually all over every new Nintendo system by making sure to pre-order it the first moment it’s available. This time was different. Let’s Explore.

Tablet Gaming

Let’s start with the obvious. The primary reason I didn’t purchase a Nintendo Switch is, let’s face it, it’s a tablet. Thanks to Apple’s very aggressive obsolescence of iPads, I now have at least 4 iPad tablets in my house. One that I’m currently using and 3 others that are older models. I also have a Samsung Galaxy Tab S 8.4 and an NVIDIA Shield for gaming … along with an Amazon Fire of some sort that I almost never use. I also have a PS Vita which is tablet-like.

So, let’s just say, I already have enough tablets floating in my house, most of which never get turned on. Buying yet another tablet, even if from Nintendo, that tablet must offer something so compelling it’s a no-brainer. So far, the Nintendo Switch tablet doesn’t have anything compelling to offer. When I buy a computer of any variety, I need to know that it will provide a useful benefit. For example, Android and iOS tablets are at least useful for browsing, email and various other apps (including games) in addition to gaming. For being a general purpose device, Apple and Samsung have the tablet market sewn up.

Nintendo, on the other hand, is a newcomer in this area. Since Nintendo is first-and-foremost a gaming company, the Switch will almost assuredly be a dedicated gaming tablet with limited general purpose apps, if any. For example, I’m fairly certain we’ll see Netflix and a handful of other streaming apps, but that doesn’t necessarily make the Switch a compelling buy. All of my other tablets and devices support these same apps… more, in fact. Because of the lack of real general purpose apps (or indeed a general purpose operating system), it’s almost impossible to justify purchasing a Switch for non-gaming reasons.

Dedicated Gaming

This leaves dedicated gaming the sole means to justify a Nintendo Switch. Unfortunately, this side also leaves a lot to be desired. Just like the NVIDIA Shield, the battery life of the Nintendo Switch is atrocious (2-3 hours). Worse, like the Shield, you cannot play and charge at the same time. The battery of the Switch still runs down even when playing while plugged into the wall. You’ll get a better gaming experience buying an Xbox or PS4.

On top of the tablet’s design problems, there’s the game round up so far. The only really compelling title is Zelda: Breath of the Wild and even that game is available on the Wii U. This means that if you already have a Wii U, there’s no reason to buy a Switch. This was Nintendo’s primary mistake. The most exclusive and compelling title to force you buy into the Switch… and they make it available on the Wii U.

Wii U, 3DS and Gimmicks

At this point, the Wii U is arguably a dead platform. Nintendo’s newest platform, the Switch, is what I dub a tabsole. It’s not a console, it’s not a tablet. So, tabsole fits. Unfortunately, what should have been the exclusive game was inexplicably made available on the Wii U preventing a compelling reason to buy a Switch. The one and only one compelling reason to buy the Switch is if you truly want a portable faux-HD Zelda gaming experience. Today, 720p is at the very bottom end of an HD gaming experience. In fact, I’d really reclassify 720p as not even HD. HD really starts at 1080p and goes up from there. It’s just a matter of time before 4k gaming becomes the norm and people look back at 480p and 720p as archaic reminders of formats past.

For Nintendo to introduce a 720p gaming experience today shows just how far behind Nintendo is technologically. Nintendo has never been known to push gaming boundaries by including high res display technologies, like on Apple’s tablets. Instead, Nintendo’s boundary pushing has been by adding more-or-less gimmicks to their consoles… like the addition of dual screens to the Nintendo DS, adding no-glasses 3D technology into the Nintendo 3DS, creating the Wiimotes for the Wii or adding the two screens to the Wii U through the combination bulky controller + tablet. Nintendo’s gaming claim-to-fame has never been about pushing technical boundaries, it’s always been pushing gimmicks and fads. While these gimmicks may have worked for some games, most of these gimmicks have limited useful value and end up rarely used.

I find that I rarely ever use the 3D technology built into the 3DS. The added head tracking made the 3D even worse, rather than better. Sadly, most 3DS games being created today rarely ever enable 3D even if the slider has 3D enabled. Even the game developers don’t see the 3D as something useful on the 3DS. Same goes for the gamepad on the Wii U. Few developers ever properly used the two screens on the Wii U. Most times, the screen on the gamepad was relegated to being a map. That’s a perfectly good use for that screen as it’s rarely needed, but when it is needed, it’s right there without having to open up a new screen. On the Wii, the Wiimotes were cumbersome to use and twitchy. Because of their twitchy nature, it made using the Wiimotes for any type of precision almost impossible. For example, Red Steel required using the Wiimote as a sniper and moving the Wiimote in and out as if to zoom. Because of the twitchy and unpredictable nature of the Wiimote technology, it was almost impossible to aim and zoom properly. This forced the game to become a challenge, but not in an intended way.

For each of these technologies that Nintendo has employed, they are not there to advance gaming, but to add a new gimmicky fad that quickly wears off. This gimmicky nature extends yet again into the Switch with its Joy-Cons and the dock.

Tablet Computers and Gaming

A tablet is old-hat at this point and isn’t really a gimmick. I mean, it is kind of a gimmick, but it has at least found a place in societal norms. A tablet offers easy and fast access to search Google or read an email. That’s what’s great about a tablet. It’s good for quick access to information using apps on-the-go. The downside to a tablet is its screen size. It’s bigger than a phone, but still just small enough to cause eye strain. For this reason, a tablet is not really the best for trying to read large amounts of text.

However, for gaming where it’s a visual medium, a tablet sized screen is probably a great size. In fact, I know that it’s a great size for certain types of games. Though, I’d still rather game on a 55″ TV rather than on an 8″ tablet screen. I mean, certain puzzle style games work great on an 8″ tablet when all of the icons and buttons are large and easily readable. It’s only when a game developer is trying to jam a bunch of small indicators and info onto a tablet sized screen does the gaming start to break down. Tablets are good for large touchable buttons with large readable icons. Tablets are not good for 8 point fonts and tiny pixel-sized health bars… design those for 55″ TV displays.

Additionally, games are designed for long duration usage. Tablets are intended for quick bursts of use, limited by small batteries and Eye Strain City. By their very different natures, tablets and games really aren’t a good pairing. That Nintendo thought it would be a good idea to pair the two shows just how out of touch Nintendo is with current technology concepts.

Launch Titles

Unfortunately, the few launch titles released with the Switch is yet another problem. While Zelda: BotW is the most compelling title, it’s not exclusive to the Switch. Meaning, I can play this game on the Wii U without even buying a Switch. That means I need to look to the other Switch games to see if those can justify a Switch purchase. Here’s the list:

  • 1-2-Switch
  • Just Dance 2017
  • Skylanders: Imaginators
  • I am Setsuna
  • Snipperclips
  • Shovel Knight: Treasure Trove
  • Shovel Knight: Specter of Torment
  • Fast RMX

Should I buy a Switch for any of the other launch titles?

  • Both Shovel Knights will be released on multiple platforms… No
  • Just Dance 2017 … on a tablet? Really? … No
  • Skylanders: Imaginators is already on multiple platforms … No
  • I am Setsuna is a JRPG available on other platforms … No
  • Snipperclips … ugh, definitely a NO!
  • Fast RMX is yet another vehicle racing game … No
  • 1-2-Switch is a throw-away party game … definitely No

Out of all of the above titles, there is not one single game that is compelling enough to invest in the Switch. In fact, far too many of the games are already available on other platforms. In other words, most of them are has-been ports. Ports are typically games that avid gamers are likely to have already played. You would definitely not buy new hardware just to play a game that you’ve already played.

Problematic Joy-Con Controllers

The general consensus is the Joy-Con controllers are a problem. Apparently, when used wirelessly, they frequently lose connectivity to the Switch making gaming a chore. There’s nothing worse than losing connectivity while playing a game. I would frequently encounter this same problem when using the PS3’s early controllers. I’d been in the middle of a heated battle only for the controller to drop its connection. I eventually had to invest in a Logitech controller with a dongle to solve that problem. I’m pretty sure the Switch has no other options other than attaching the Joy-Cons to the tablet and using them ‘wired’. This design problem is pretty much a show stopper for using the Switch when docked.

Multiplayer Gaming and Nintendo Transfers

Today, multiplayer gaming is a must have option for any new console. Unfortunately, Nintendo has been so far behind the times with this feature, I really have no idea if they can even rectify multiplayer gaming on the Switch. It seems that Nintendo is likely to require a monthly fee to join a ‘new network’ that may or may not offer proper multiplayer options, but we know how well Nintendo typically executes on these features. It will end up has some half-baked thing that barely works, just like Miiverse.

Plus, Nintendo has some really archaic ideas about how to manage portable devices. For example, the 3DS still requires transferring your data from one handheld to another upon replacement. If you happen to lose your device or if it breaks irreparably, you have to make a call to Nintendo support to have them authorize transfer of that data to your new device… an incredibly manual and time consuming step.

I really don’t relish the thought of spending an hour or two transferring data from my Wii U to my Switch. That’s just a ridiculous ask in this day and age. I understand why this may have existed in the past, but with Nintendo’s store, they can simply store your info there and let you download all your stuff to your new device. Having to backup and restore your data from one console to another manually is just insane. As the saying goes, “Ain’t nobody got time for that”.

Roping in Developers

Nintendo has had a severe problem enticing big game developers into their most recent platforms. The Wii U is a prime example. When the Wii U was released, a bunch of large developers like Ubisoft and Activision were on board with producing games. However, due to the lackluster launch of the Wii U and the less than stellar numbers sold, this led to these large developers jumping ship. This meant that Nintendo had to rely on using its own franchises to sell (or not sell) the Wii U. While Nintendo does have a few relatively strong franchises like Zelda, Mario, Wario, Luigi, Kirby, Yoshi, Super Smash Bros and Fire Emblem, it’s really hard for a single company to produce enough games in a year to keep people coming back, let alone sell even more consoles.

So, the full capabilities of the Wii U were never fully realized. Nintendo tried, but were unable to fully utilize the potential of the Wii U. On top of all of this, Nintendo really never did raise the bar of the Wii U beyond its introductory operating system. The carousel was a complete waste of screen space. On the 3DS, at least the upper screen was used to show what item you were working on. On the Wii U, it was always that stupid carousel with talk bubbles popping up from random Mii. It’s not like Mii’s were that compelling anyway. In fact, that whole carousel idea was Nintendo’s idea of multiplayer social interaction. I digress.

The point is, with as gun shy as most developers are with Nintendo these days, it’s almost assured that third party support for the Switch will be non-existent for the foreseeable future. This means that we’re not likely to see much in the way of big new titles. Though, some developer has promised to release Skyrim on the Switch by year end. I’m not entirely certain that that conversion is coming from Bethesda / Zenimax. It’s more likely that conversion project has been handed over to smaller studio for release on the Switch. This probably means bug-city, but more than that this game is already 6 years old. To bank on a 6 year old game ported to a console with lesser capabilities than a PS4 is almost insane to consider. If Nintendo thinks that Skyrim is likely to spur a whole lot of new Switch purchases, they might want to think again. Bethesda would have to ensure some brand new and exclusive Switch DLC before gamers would buy not only a brand new console, but also buy into a 6 year old game they’ve likely already played.

Overall

There isn’t one single compelling game (or reason) that justifies purchase of the Switch. In combination with Nintendo’s lack of general functionality that a tablet needs to offer to remain competitive in an already saturated tablet market, the Switch doesn’t even stand up to its competition. When docked, the Joy-Cons do not reliably work wirelessly. How multiplayer games will work is still up in the air. In effect, Nintendo has yet to give us a solid reason to buy into the Nintendo Switch.

Perhaps with a few more exclusive games titles and a solidly built and robust multiplayer gaming network, Nintendo can turn that tide and bring the must-buy factor up. For now, there’s just not enough compelling reasons to bring yet-another-tablet into my house… considering how many tablets I already own. I know I’m not alone in this situation. For all of the above reasons, the Switch is not on my list of must have gaming consoles.

Tagged with: , , ,
%d bloggers like this: