 Hey everyone, so we have three big stories I want to get to today. So timestamps down below because before I get to those stories, I want to talk about a couple of things. First off, you see me talking into this mic. This is the AT2035, specifically meant for voice work and podcast work. Some people use the AT2020, those are actually technically meant for instruments, but they're also really good microphones. Here's the thing, these are what we use for our podcast. And as you can tell right now, the audio quality is absolutely amazing. It puts the bass back in my voice, has excellent noise cancellation. The problem of course is that they're meant to be talked into like this. If I back up like this, you can't really hear me, right? Hello? Hello? Hello? Like the thing about this microphone is you can't hear me. Also it puts a giant thing in front of my face. Now I can technically crank it up like this and be like, hey everyone, how's it going? You can still hear me now. But again, it's not really the intended use case for this microphone. Or I could just say screw it, toss it away, and hey everyone, how's it going? So you guys let me know what you prefer for the audio. Do you prefer that higher quality, clearer audio but something directly in front of my face? Or do you like the wireless lavalier system, which yes, is significantly lower quality audio but gives me the more freedom to move and you get to see more of my mug. Let me know what you think. We're going to go with the lab mic for the rest of this video. By the way guys, drop a like on this video. In fact, why don't you guys subscribe to the channel? I kind of have this crazy idea. Let me know how crazy this is. If we can somehow, I mean what day is it today? I don't even know. Today is December 6th. Okay, so if we can somehow get to 80,000 subscribers before the end of the year, which I know it sounds crazy, 80,000 subscribers. If we can somehow get to 80,000 before the end of this year, I'm thinking that we might need to do something extra special for all of you guys. I'm not really sure that extra special thing is yet. It could be a game streaming marathon where I give away a bunch of prizes. It could be like a thousand dollar prize to one winner. I don't really know. There's a lot of things I'm debating about here for 80K to kind of maybe reach for the stars here a little bit. My goal is to actually hit 100,000 subscribers by the end of 2022, but I think we have to take the small steps along the way. Our next major goal at this point is to get to 80K. I would really appreciate you guys supporting my channel in that way. That being said, we do have a giveaway going on right now for three copies of Pokemon Legends Arceus. There is a link down in the pinned comment. The description, a viral sweet link that you can click and enter will be announcing those winners in January. Beyond all of that, as I mentioned, we've got three stories to talk about today. The first one has to deal with a new game coming in a franchise that is on Switch. We also have to talk about potentially something Kirby related, so that's really cool. By the way, Nintendo just lost an appeal on a lawsuit. They actually appealed against Nintendo because they originally won a lawsuit that is really pro-consumer in Nintendo losing. I kind of want them to lose this sort of lawsuit all over the world because this is a feature that should just exist, but doesn't, and I don't really know why Nintendo doesn't offer it other than just being greedy because that's the way companies get. That being said, thank you so much for tuning in and let's get into today's news. Our first story deals with BioShock because BioShock 4 rumors have now been dropping, and this actually comes from Colin Moriarty. He does not typically give out rumors and leaks like this. He used to be a games journalist at IGN. He left with the kind of funny crew for kind of funny games. Fun fact, Tim from Kind of Funny Games will be joining us on our podcast this week, Wednesday at 8 p.m. Central Time, so hopefully to see you guys all there. But he ended up spinning off from that to create his own thing, and he has a podcast called Sacred Symbols. On that podcast, he actually divulges a bunch of details he's heard from his sources, and Colin Moriarty doesn't do this stuff really nilly. He literally, rarely, he's leaked like four things I think ever in his career, and he's been right every single time. So that's why you pay attention to BioShock 4. Now, when it comes to us as Nintendo fans, why should we care? Well, the entire mainline BioShock series is now on Switch, and has been on Switch for a little bit now, giving us hope of getting BioShock 4, even if it's just a cloud version, which we obviously hope it's not, but it's still a possibility. So here are the details he drops. He says it takes place in 1960s Antarctic City called Borealis. The game is codenamed Parkside, and I've been told that the development team has incredible latitude to get it right. That seems and sounds right to me. Internally, the game is kept very secret and apparently totally locked up. Obviously the inclination there is that they understand full well that this game will be compared to what BioShock creator Ken Levine does. And by the way, Take 2 is also publishing Levine's next game. So yeah, that's kind of all we got there. So they're worried about obviously things in regards to not being able to hold up. I think the last major BioShock game is BioShock Infinite. Ken Levine's no longer running the project, so it's really interesting to see what's going to happen here. It's kind of like, you know, hey, Zelda moved on from Shigeru Miyamoto, Mario moved on from Shigeru Miyamoto, and both ended up finding success, but not every IP that moves on from its original creators finds success. Halo actually had a very hard time after no longer being made by Bungie. 343 took almost a decade and a half to get Halo right seemingly with Halo Infinite reviews today, popping up and actually proving the game might be the best game since Halo 3. So there's a lot to consider here. But yeah, I really hope BioShock 4 is real, I hope we're getting it, I hope it's good, and obviously I hope it comes to Nintendo Switch. Now our next story is actually this. Yeah, that's Kirby Air Ride 2, at least that's what it claims to be. This is a supposed leak that popped up on Twitter. We have only had one game ever in the Kirby Air Ride series, so this isn't even really a series at this point. There was a single Kirby Air Ride game that released back in July of 2003, July 11th in fact, one day before my fiance's birthday, fun fact. Mostly it was forgotten due to the lack of single player, but it was a sort of racing game and it was really, really fun if you played it with friends. It actually had a lot of achievements in the game or like things you, I don't know, let's just say it was an achievement system, that was pretty much the main reason to keep playing, but single player wise it was kind of boring, you race against yourself. It was weird. So yeah, it could have used the single player mode, kind of like Mario Kart had and F-Zero had, but yeah, it didn't have that. So that's obviously something that I would like to see in the second one if it does exist. This obviously came from eGamer Glitch on Twitter and the biggest thing that I want to note about this is, and why people are wondering if this is real, because by the way, this could be completely fan created. I will say this, the music that's present in it is not currently anywhere on the internet except here. That's usually a good sign that it's using original music, which often indicates reality. However, fans can make music as well. So we have to kind of consider all angles on this one. This could be a legit Kirby Zeroi 2 leak. It's a very simple leak. The art style fits. It's not showing any actual gameplay per se, more like maybe a title screen. So yeah, we'll have to wait and see if this ends up being true. We obviously know about Kirby and the Forgotten Land next year. But yeah, it would be really cool to just have some more racing games in Nintendo's portfolio beyond, I don't know, Mario Kart. Fine, let's say Nintendo is not going to do Mario Kart 9 this generation. Why can't we get another Diddy Kong Racing? Why can't we get another F-Zero Kirby's Era? Like there's a lot of things Nintendo could be doing instead of Mario Kart 9. But yeah, we'll just have to wait and see if this ends up being true. I assume if this is a real leak, which to me feels just out of this world, we'd find out about it maybe at the Game Awards, if not the Game Awards, sometime next year. Now, I mentioned at the beginning here that Nintendo lost a lawsuit that's actually good news for consumers. So I want to dive into the details on this because the lawsuit was taking place in Germany. So Nintendo lost a huge court case in Europe and now has to allow pre-purchased game refunds, something that they basically don't offer in any territory. So the article is completely in German. So whatever, we're going to go with a Reddit user's interpretation of this instead of the crappy Google Translate. I'll link to both the Google translator version and this if you guys want to check it out. So Nintendo won a battle initially a year ago, but the German consumer agency appealed on the spot. The appeal court has now ruled that Nintendo is in breach of European law. In short, Norway's Consumer Council submitted a complaint against Nintendo to Germany, where Nintendo of Europe is located, saying the company won't let consumers cancel pre-orders even though the game isn't out. Nintendo said this was untenable since they are following the letter of the law stating performance has begun at the time of payment, performance of I guess sales performance, I have no idea. A court battle happened in 2020 and Nintendo surprisingly won that battle. Norwegian site Pressfire has acquired court documents that show the appeals court has reversed the previous judgment. In other words, Nintendo has lost on all accounts. The court says performance doesn't start until a game is actually playable, which I think to many of us makes sense. The only performance you can argue is sales performance. Game performance isn't possible when you can't play the game. So that just seems obvious. But you know what? Nintendo won it last year. So who knows what technicalities they got away with? The court immediately hit Nintendo with a cease and desist letter saying they need to stop this unlawful practice immediately or face a fine of two hundred and fifty thousand dollar euros or dollar euros, two hundred and fifty thousand euros per infringement, per infringement. That's per game, by the way. Yeah, this could literally bankrupt Nintendo. That's how serious the cease and desist is or prison sentence for Nintendo of European leadership. So if not bankrupting Nintendo, putting the leaders of Nintendo Europe in prison, that's a very serious cease and desist issue by the court. Nintendo has accepted the judgment and has already implemented a system for refunding pre-orders. The court system actually worked there. While this court order is for Norway, the way the EU consumer law is implemented, Norway is part of the EEA, means it's enforceable for the entirety of Europe. Even though it was a Norwegian lawsuit, all of Europe can now enforce this if they want. You can now get a refund by going into the eShop or from the official Nintendo website. However, Nintendo is only allowing the easy one click way to get a refund if the release date is at least seven days away. It's still unknown what you need to do if the game is less than seven days away, but Nintendo is bound by law to allow it. So what we learned here is that Nintendo obviously was refusing to do refunds, claiming they were following the law, they won the lawsuit, then it was appealed and they not only lost, they got destroyed in court. And yeah, they need to offer refunds again. They got to sort that seven day window out because that's not actually like there's not like a seven day window with the law. It's up until release dates up until the moment it's playable. It needs to be refundable. And right now they're only offering it up to seven days before. Maybe it's because they don't have an internal system built yet to handle that. So they'll obviously sort that out behind the scenes. Nintendo is not going to want to send employees to prison or have to pay millions, billions, potentially, because it's per infringement, which is every single game on the eShop. So yeah, it could cost them billions of dollars. They're not going to allow that to stand. So they're obviously going to make sure that they comply in a way that makes everybody happy. But yeah, Nintendo doesn't like to do refunds on pre-orders. This has been the case for a long time on their digital shop. So to see this enforced in the in the European region is huge. I hope it gets enforced worldwide. Obviously, all laws are different and they don't necessarily have to offer pre-order refunds on a lot like I don't think digital storefronts in the United States have to offer digital refunds. I could be wrong on that for I know they don't have to once a game is out. But I'm pretty sure they don't have to with pre-purchases either. At least I've never seen shops offering it. Maybe I'm just out of touch on that from but it's just a personal thing. So yeah, Nintendo needs to get on top of this. This is actually a good thing. The only reason for Nintendo to even fight this in the first place was greed. They just wanted to keep all pre-order money, even if reviews came out and other things happen that caused Nintendo to lose pre-orders. By the way, I hope this doesn't hurt that kind of stuff. But I guess we'll have to wait and see. That being said, I want to thank you guys for tuning in. Now, let me know what do you think about the suit jacket? Now, I actually wasn't going to bust this out again until the Game Awards, which we're streaming on Thursday. But like I wanted to try like the t-shirt look with it. Now look, yeah, I mean, we got the Nintendo, Nintendo Prime t-shirt trying to bust out of here. But I know I don't pull this off as well as Reggie Fesame did. Like Reggie Fesame was the maestro of yeah, he wore mostly his collared shirts and stuff like that underneath here, which is what I'll be wearing for the Game Awards. But it's kind of interesting to me to see this attire and see the times he wore t-shirts. So a lot of times he just wore plain color t-shirts and I've got like a two t-shirt color, like a plain color one and then the Nintendo Prime on the top. But sometimes you wear gamer shirts as well. Miyamoto, infamously, is always rocking a suit jacket with a gamer. I mean, I don't even think he buttons his suit up. I'm pretty sure he just unbuttoned the suit and just lets the t-shirt kind of be the focus of his attire. But that's Miyamoto. He kind of looks fun that way. So you guys let me know what you thought, think about the suit jacket. I really like it in these stand-up situations. It's a lot more comfortable when I'm standing up the suit jacket is versus when I'm sitting down. I know you unbutton when you sit down, but for some reason it just doesn't feel like comfortable sitting down. I feel like the shoulders raise up a little. I don't know, it could just be this particular jacket because it's not directly tailored to my exact sizing. Maybe I should get a tailored one. But anyways, you guys let me know what you think about this. Also, let me know what you think about the audio. Because again, to remind you, this is obviously the audio that we've been hearing from most of the video. And then this is the audio you hear with this more professional mic and what a set up with this mic would actually look like where it would be more in front of me. Maybe I could lower it down a little bit like this and just increase the gain over here so you can still pick up my voice, which I know I need to do that on the podcast, by the way, because I'm not always talking into the mic like this, like I'm supposed to. Sometimes I'm a bit further away like this. So I do need to increase the gain anyways for the for the podcast. So my voice isn't cutting out because I know my voice was cutting out and that was because the mic stop picking up my voice and stop picking up my voice because I wasn't talking directly into it. So let me know what you think. If I, you know, I obviously know this is higher quality audio, but this is obviously a much cleaner look. And you might go, but Nate, but Nate, isn't there a way that you can like clip this clip this to your best? No, there isn't. So it's kind of like either or situation you either get the super high quality audio or you get this. Let me know what you think. I'll kind of play around with it now that I have this set up for our podcast because we were using the lav mics, by the way, wired lav mics, not wireless ones on our podcast. We went back to this mic here because it's just a much higher quality audio and when it comes to long form content like that, where people are going to be listening to their cars, listening on their phones, listening while they're working out. I really wanted to provide a much better listening experience and not just a visual one. So while the lav mics make a lot of sense for things like, I don't know, the game awards is an example. That's not a podcast. Us wearing lav mics for that might make a lot of sense for the actual podcast using those to me makes more sense. So I don't know. Let me know what you guys think about it down in the comments below. I am Nathan Robojans from the Tenor Prime. Let's try to get to 80,000 subscribers this month before we hit the 2022. Yeah, be sure to enter our giveaway and I'll catch you guys in the next video.