Nintendo sued for “immoral” Mario Kart lootboxes
axios.com
axios.com
But apparently not even Nintendo can overcome the enshittification of mobile app stores, and we have Mario Kart Tour which is just pay-to-win garbage that uses every dirty trick in the book to get your money. They infamously make you do races with fake online players that look like they've been spending money to make you see what you're "missing out on".
Even worse, Tour has infected Nintendo's actually good Mario Kart offering on Switch, with recent DLC packs including courses from Tour which are the most bland, uninspired, and boring courses in the game cause it's always just generic city streets with some Toads standing around in the audience. Obviously they do it because they already have moderately high-quality models of the maps that they can just drag into the game from Tour, as opposed to recreating something from e.g. Mario Kart 64 or Super Mario Kart (SNES) to bring it up to modern standards. Or making something new entirely.
It's even worse if you're playing split-screen multiplayer with 3 or 4 people and your screen is 1/4 of the TV that's on the other side of the room. It's probably not an issue in Tour where you've got a high-res screen right up close to your face, but it doesn't work on a home console.
Moreover, the scale is all out of wack. The tour tracks make you feel like you've shrunk.
The contrast with the new levels included in the packs is very strong.
Anything more reliable than Nintendo resorting to laziness and calling upon nostalgia?
No
But it's definitely disappointing to see their designs for mobile games be like all the competition sleaziness wise, with their last remaining mobile games being the worst in that regard. Hopefully they'll leave that market soon enough, especially given talk that they didn't find it worth competing in anymore now that the Switch is a huge success.
Sad that I had hoped some exec at Nintendo would veto this approach as "Not Nintendo" rather than choosing to tarnish the brand and take the money, like Apple did.
But yeah, the (monetization) design of Nintendo’s mobile games is quite disappointing.
The App Store and exploitative the models it's design perpetuates.
I'm guessing it happened to a point. King with their Candy Crush saga had higher revenue and profits than Blizzard [1] for a while now. The amount of money mobile gaming pulls is insane. It's hard to leave that on the table.
Luckily this didn't spread beyond their mobile apps, unlike other game developers that push to replicate the model on desktop and consoles.
[1] https://www.tweaktown.com/news/84423/king-has-made-more-mone...
They do have a concept of filling up your store credit and then spending it on purchases, so the future microtransaction flow could just grab a few credits that you already have on your account.
Let's hope that never happens.
That said, I've wondered why game companies haven't transitioned back to a socialized model where high profit games are used to subsidize the high-intellect games. I'm talking something like 2014 Blizzard where Hearthstone dwarfed the money every other IP was making but which still attracted a higher-end audience with SC2 and WoW.
[0]https://www.sportskeeda.com/esports/news-genshin-impact-amon...
https://www.cnbc.com/2021/09/10/apple-vs-epic-70percent-of-a...
https://daringfireball.net/linked/2023/05/05/apple-arcade-ne...
I am familiar with the Epic debacle. And while I find the Apple Arcade business model a much better one, I am not sure if it works at the scale of an entire app store. We'll have to see if SetApp ever takes off (same business model, but for apps).
They did, originally. They released a $10, no microtransactions Mario game (Super Mario Run) in 2016. The general consensus is that the game did not live up to Nintendo's commercial expectations[1], and I think that's true. Nintendo entirely switched to the more standard App Store game model for its later mobile titles, and they print money.
As for "tarnishing the brand," Nintendo still hasn't really put a "full title" on mobile, with the maybe possible exception of Mario Kart. It feels like they are still keeping their distance, but who knows what would have happened if the Switch sales were more like the Wii U than the Wii.
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[1] https://en.wikipedia.org/wiki/Super_Mario_Run#Commercial
They let their extreme love for DRM and proprietariness completely overwhelm the user experience. But instead of asking themselves if that's why it didn't sell well, they of course conclude that they weren't making money because they weren't being scummy enough.
I bought Mario Run and even with the absurd restrictions I enjoyed it and probably would have bought more of their games if they'd continued. Quite the disapointment.
None of this is new information, but a precursor to this point: Nintendo, strategically, couldn't afford (or at least wasn't willing to risk) to develop mobile content on par with the quality of their proprietary hw platforms. Super Mario Run had to be a sub-par experience compared to what was obtainable on their own platform to avoid this risk. Yet they still released a sub-par experience at what, for mobile, was a high premium price of $10. It was doomed to fail from the outset.
They might have maximized the popularity of Mario Run by coming out with a $2-$3 price tag and marketing campaign that essentially gave the message of "Hey this is just a fun little thing we made, hope you enjoy" but that price tag would risk anchoring consumer expectations of the cost of actual premium Nintendo content to a lower benchmark: "Why is Nintendo charging me $40 for New Super Mario Bros. 2 when a similar game (in visual aesthetics only, but still) only costs $3? Ripoff!"
Or at least that might have been their fear at the time. Mario Run appear a in the year prior to the Switch and after the mediocre reception of the Wii U.
The confusing thing to me is that, even after the Switch's success demonstrated the mobile App Store platforms didn't need to be an existential threat, they still went ahead with a freemium lootbox game, or really any freemium game. It's like their still fighting the previous war. Now the emerging mobile war surrounds gaming services that can provide a full console or PC experience on just about any mobile device. I'll lump the Steam Deck in there as part of that war since Steam has demonstrated that really avid gamers are willing to pay to 1) have access to their existing deep library of games and 2) not have to deal with the downsides of streaming. A more casual gamer can get a decent experience streaming w/ Game Pass for $15/month on their phone and/or tablet, a more dedicated gamer might still do that for convenience but can also go for the Deck (or potential competitors) at a price near that of traditional consoles, etc.
There's lots of dust still in the air here that has yet to settle, but Nintendo has yet to show their strategy for this next era of gaming while their current hardware is aging and their gaming service is not only restricted to that hardware but also limited mostly to older games from previous gen consoles.
At what point is Nintendo's ability to manipulate us with their corporate mascots/IP a type of mental illness or cause for public concern?
Or they're just greedy. They make tons of money running their own walled gardens.
The scene in which Satan explains brain chemistry to Stan is well worth watching: https://m.youtube.com/watch?v=B29YStCYorY
I bet it has aged fairly well.
That said, of all the people doing this, it seems to me Nintendo is among the worst targets to go after. They were, to my eye, dragged into this almost against their will, and if anything they've been backing off from it. It certainly hasn't wormed its way in to their mainline games the way it is well into worming its way in to almost every other major publisher out there's games.
Again, I don't say this to defend them. It's wrong for everyone. What I am saying though is that this is not a very target rich environment, and there are target-rich environments elsewhere. There are companies that seem to be entirely based not only on exploitative mechanics, but exploitative mechanics specifically targeted at children, like Roblox. https://www.youtube.com/watch?v=_gXlauRB1EQ and https://www.youtube.com/watch?v=vTMF6xEiAaY, the People Make Games investigations into them, for instance.
Although there is an interesting strategy for Nintendo to pursue here where they get sued, and then basically deliberately construct a precedent-setting loss to knee-cap their competition on this front. There's a lot of competition for Nintendo out there surviving on the basis of these cheap drug hits of monetary injection whose ability to develop good games on their own merits are clearly well into the process of atrophy, and Nintendo would probably stand to benefit even if they have to pay some millions of dollars in settlement payouts to impose those restrictions on them. If those mechanics were, for the sake of argument, banned, I think Nintendo would be a big winner in that scenario. Consumers too, for that matter.
They also took your ability to buy their games away (ownership such as it was) and forced you to buy a subscription to their Switch Online program just to own games you've probably already purchased at least once. Anyone that defends their approach is delusional at best.
I'd actually love to peer into the alternate universe where the Apple app store tried harder to establish that applications aren't universally disposable cups-of-coffee price level apps. Would the mobile game space still be the cesspool it is in our universe? There are certainly some forces pulling it towards cheap diversions and the resulting methods of extracting money, but might they have a robust non-cesspool gaming community?
When phones first came out everyone was sure having a console in your pocket was going to destroy the rest of the gaming industry. While I've always thought the opinion underestimated the pains of having a touchscreen-only interface, I also blame the monetization techniques. I don't even look to cell phones for games anymore because I don't have the energy to pour over the details of how they want to hook up gambling mechanics to my credit card to see if I'm interested. I hope the mobile gaming industry enjoys being beholden to their whales because I bailed out years and years ago.
Nintendo dipped in, and probably they shouldn't have, but to my eye they haven't particularly enjoyed it either and are getting out it. It would be better if they had never done it at all, but considering everyone else in the industry has simply jumped into the pool with gusto, they at least seem to be course correcting.
And if that constitutes "drinking the Nintendo flavor-aid" to you, well, screw you too.
The industry, deliberately or otherwise (I honestly don't know), polluted the mobile gaming space and its expectations in a way that made it virtually impossible to sell a conventional $20 game.
So why does Nintendo carry extra scrutiny? Well... For one thing, Nintendo has a market cap of around $50 billion USD, which is absurd. The Roblox corporation is already a behemoth at nearly half that. Do they receive scrutiny? Well, yeah. Maybe not as much as deserved, possibly because despite it's prominence a lot of people just don't know what the hell Roblox even is, versus Nintendo which is the closest thing there is to a video game equivalent of Disney. Nonetheless, Roblox is still in the media and in lawsuits all the time.
It's also definitely a strategic choice for people to rally behind a fight with higher stakes, and slapping Nintendo with a lawsuit could have the potential to send a much stronger message than a lawsuit against other prominent game developers like Ubisoft or EA would have.
It's definitely not "fair", per se, if we're trying to rank companies based on how much they've done badly by their customers and the public. However, Nintendo, as beloved as they may be, are absolutely no stranger to engaging in shitty, anti-consumer behavior, so I have a hard time feeling especially much sympathy for them here.
This might be the only thing that US Sen. Josh Hawley from Missouri and I agree on, given his sponsorship of S.1629: https://www.congress.gov/bill/116th-congress/senate-bill/162...
I feel the same way, and it's why I won't allow my kids to play any games that include loot boxes. I never play such games myself either.
I'm hoping that the EU legislates against this, which in turn I hope causes others to follow suit.
I know as an adult, I never got sucked into farmvile, modern call of duty/FPS, or a serious MMO. I played these as a child/teen, I already knew how they worked, nothing interesting. Now the only things that get me going are novel games like Minecraft/Papers Please/etc...
I really hate gambling and I'd love for adults to be bored of it. However I think I know better. Gambling/addictive exploitation might be bad enough to call upon government, however I doubt they will be competent enough to actually remove it.
But making a game fun is actually not useful for taking advantage of gambling addicts. They don't get their fix from the game being fun, but rather from having something "at stake". In fact, the things you want to do to better target that dopamine rush tend to make the system a worse "game", as rewards get skewed, incentives get hijacked, and everything else gets a cost associated with it.
They're only purpose is to "mine" the addicts as if they were an oil well.
[0] https://growth.design/case-studies/mario-kart-revenue-model
[0] US gambling ~$100B, video games ~$60B. But in Vegas the house takes 0.5%-10%, and in loot boxes the house takes 100%
Gacha is definitely gambling even if profit isn't the primary motive. You could argue that profit isn't even the primary motivation of many poker players, but rather being seen as smarter than the next guy or more able to call bullshit.
Loot boxes on Netflix would be, you have no movies when you start:
You pay 2$ to add Random 3 movies to your library. Wanna watch Breaking Bad? Pay 2$ until you get “lucky” (and maybe get only Season 3).
Ah, and maybe because it’s premium show, there is only 0.5% chance of getting it in every “loot box”.
So you might spend thousands of dollars, and not get what you want… Because usually there is not even a way to spend 10$ to buy it like a movie on Aplle/Amazon, you have to gamble!
That division already has pretty mediocre-by-comparison returns. They are quite good for a mobile game, but a drop in the bucket compared to Switch products and not worth the time to focus on.
Rumor has it that Nintendo is probably going to shut down that division and their mobile games soon. They are already adding the MK Tour tracks into MK 8 as part of the Booster Course Pass.
So you are very right, this is probably the end for Nintendo's mobile gaming efforts.
[1]: The book "Super Mario: How Nintendo Conquered America" by Jeff Ryan was incredibly fascinating if you're interested in the history and "inside story" of Nintendo in their early days. Can't recommend enough. Narrated by the great Ray Porter, and DRM free on Downpour: https://www.downpour.com/super-mario?sp=19981
Honest question: what am I to make of the fact that binding arbitration is a for-profit business, and that the accused are their clients?
It's such a shame, as the early years of mobile gaming were a lot of fun, but the market decided it'd rather have ad-ridden near-gambling exploitative F2P so long as it was labelled as 'FREE', rather than pay $1-5 or so for a small-but-complete game :(
And all the games from the early years of the iPhone are gone. You can't keep a game on the App Store any more without basically committing yourself to updating it indefinitely.
Now they killed the game with the battle pass stuff and I just refuse to take part in that. Bring back loot boxes!
My take might be naive, but isn’t pleasure in general — fun in this specific case — the chief reason that people compromise their moral beliefs?
Though I don’t particularly understand the moral judgment about online multiplayer. But I am sympathetic to judgments about “always-online” single player functionality.
Or at least it ought not to be
I think I used a fan once to blow some sand, and a mirror to reflect sunlight for a puzzle in the overworld where they had mirror pods in a chest nearby!
LOL. Yes that's true. At first I found it frustrating, now I find it as the key to their appeal. Maybe even kinda charming.
But yeah, by not chasing or trying to keep up with everyone they're kinda free to do their thing even on majorly old hardware.
At the end of the day, even though I own a PS5, 5 years from now I'll still remember how much fun I had with TOTK. I barely touch my PS5 as is. Waiting for Spider-man 2 and GTA 6 (who knows if that will even come out during the PS5 lifecycle).
But yeah, in my estimation, more Switch games are aging incredibly well. But that's just me and I care little about next graphics especially if the the game isn't fun or the gameplay isn't fun.
Maybe its my gigantic backlog of games, but I don't bother with Nintendo anymore. My bro or a friend will let me borrow their Nintendo system + Zelda for a few weeks. (its not like people really use their Switch...)
Like taking the world by storm with an e-cigarette product containing vs containing nicotine.
In <200 lines of python code, I made an addictive game. Random enemies of various difficulty, including one that was ultra hard, so you had a reason to keep playing for hours as you leveled up.
My buddy got so hooked to it, he wouldn't move onto our next activity, lucky for me, whatever I did with my input() was bad and he caused it to error out at some point.
Addicting games arent hard, fun games are hard.
These aren't good games that people are getting addicted to. The gambling addiction thing is a brain defect essentially.
I’m amused that the plaintiff is complaining over $170. A tiny sum for a whale in the scheme of things.
Not true. A couple months ago, I played MKT for a while. The loot box is alive and well.
>Company did bad thing
"Oh but they stopped doing the bad thing, no big deal"