 Okay, so this is something that I didn't see coming. We talked a little bit in the past during a Prime News episode about how there has been some drifting complaints with the DualSense controller for the PlayStation 5. And we talked about, you know, is it really going to be the next Joy-Con situation? We're obviously Joy-Cons and Nintendo Switches are drifting like crazy. It's drifted through multiple iterations. They have actually changed out the model numbers on some of the control sticks in the Joy-Cons from now to today, and yet they still all seem to have the same problem. Showing this similar design flaw, whether they're changing out metals or whatever they're trying to do to fix it, it's not working. And as a result, Nintendo has multiple class action lawsuits happening in the United States and also like actual governments suing Nintendo in other countries out in Europe. Like this is a serious thing for Nintendo. They are facing multi-million dollar lawsuits over Joy-Con drift. And now Sony has its first lawsuit happening over DualSense drift. And we're not even like six months or a year in the PlayStation 5 and DualSense being on the market. See, it took years before we finally got lawsuits over Joy-Con drift. Not so fast this time around or not so long really because yeah, it's already happening. And this is making me wonder how big of an issue this is since it's so hard to get our hands on an actual PlayStation 5, it's hard to know how widespread drift is, but it's clearly an issue. Before we get into the story, we are giving away a $99 Nintendo Switch eShop gift card. I guess you could technically use it on the 3DS or Wii U if they're still accepting them. Whatever it's a $99 eShop gift card, head down to the description of the pinned comment to find out how to enter. Wish all you guys luck on that. Alright, let's get into this because I'm still kind of shocked that Sony is already facing lawsuits over it. So as you see here, this is a report over on Eurogamer, but it's actually taking place in the US. So the law firm files a PlayStation 5 DualSense drift class action against Sony. A US law firm has filed a class action against Sony over a legit PlayStation 5 DualSense drift. So if they go look at the examples since I don't know about PlayStation 5 yet, I know. Sue me. I'm trying not to pay it by a scalper. I've been looking hardcore for PlayStation 5s. It's so hard to get their hands on. Anyways, this week, Chimicles, Schwartz, Kreiner, and Donaldson Smith aka CSKND, the firm behind the ongoing class action against Nintendo Joy-Con drift, asked affected customers to get in touch via an online form. Clearly, that call to action did the trick. The DualSense lawsuit has now been filed in the United States. So they were gathering information on potentially doing a lawsuit and now they feel like they have enough complaints and enough evidence to actually file it just like they do. They're the leading people doing the Joy-Con drift case. So this is, they're not going to bring this unless they feel like they can win. All right, the DualSense lawsuit has now been filed in the United States District Court for the Southern District of New York on behalf of a plaintiff called Lamarck Turner of Virginia and other affected customers in the U.S. against Sony Corporation of America and Sony Interactive Entertainment. The complaint filed on the 12th of February literally filed just yesterday. Man, claims the DualSense is defective. Specifically, the DualSense controllers that are used to operate the PlayStation 5 contain a defect that results in characters or gameplay moving on the screen without user command or manual operation of the joystick. This defect significantly interferes with gameplay and thus compromises the DualSense controller's core functionality. The complaint cites multiple online reports of DualSense drift on Reddit and social media, including the tweet below that includes a clip of an apparent drift while playing Rogue Company. Let's take a look at this, this, oh yeah, it looks a little off there. And they say Gyro and PS5, pad is very marked improvement over DS4, but it randomly wants to drift and it's just enough to completely miss the initial shot. I see that. There's some slight, there was like some weirdness there that looked like it wasn't the user. Hard to know from that video alone of course, because you don't actually see the controller and what the user is doing. Anyways, the complaint goes on to accuse Sony of being aware of this alleged DualSense drift via online consumer complaints claims the company equipped the DualSense with virtually the same analog components as the PlayStation 4's DualShock 4, which we talked about before. Already been torn down, we know it's the same thing as DualShock 4, which reportedly also suffered from drift and that options for repair are slim. Yeah, there are, I mean, self-repair is pretty much the only way to go right now. Beyond obviously taking advantage of the warranty, which we talked on Prime News, how they're actually making it a little bit more difficult than they need to take advantage of that warranty. Customers are experiencing long wait times, this is true, having to deal with a maze of pre-recorded phone prompts, this is also true, before finally speaking with an agent concerning repairs for DualSense controller drift reads the complaint, which points out customers must pay for shipping the controller to a Sony repair center, even for unwarranted repairs. Which by the way, a lot of unwarranted repairs have shipping completely covered. That's the whole point of the warranty is if it breaks in that first year, the customer shouldn't be punished for it. But having to pay shipping, having to pay an extra amount of money for your PlayStation 5, which some people are doing anyways, but. Anyways, Turner said to a lot of PlayStation 5 on the 5th of February, 2021, I mean, this is literally a week ago this guy bought a PlayStation 5 and he experienced DualSense drift on the exact same day. That's insane. That's like out the box drift. Holy crud. He contacted Sony customer service and was advised to reset his console. It didn't work. Turner ended up buying another DualSense controller priced at $69.99 a few days later. I mean, hey, whatever, maybe it's just a one-off, bad thing, let me go buy another one. Had plenty of been aware of the drift effect prior to purchasing the PlayStation 5, he otherwise would not have purchased the PlayStation 5, or would have paid substantially less for it. Interesting. The complaint claims Turner agreed to Sony's PlayStation 5 terms of service and user agreement upon the setup of PlayStation 5, because you have to or you can't use the system, but wrote to Sony expressing his intent to opt out of resolving any disputes with the company through individual arbitration. So that's a key thing here is it's really hard to go after Sony, because in their terms of service, they have this legal mumbo-jumbo that's like, hey, if you agree to this, you can't come after us. However, there is an ability if you read the fine print to opt out of certain things, but you have to write it in. Basically, nobody's going to do that, but a lawyer will advise you to do it. So as long as he does it, this lawsuit can go forward. Again, it's weird how these companies try to prevent these types of lawsuits, and there's always a question of whether or not these attempts to toss things in terms of service are even legal. A lot of this stuff hasn't really been tried out in court to know how legal some of these terms are, but anyways, the lawsuit's obviously moving forward and the lawyers think they have a case. The complete claims, let me see. This is an important point in the context of CSK&D's ongoing case against the Nintendo over Joy Country. CSK&D filed a class action against Nintendo of America in the United States District Court for the Western District of Washington back in 2019 over Joy Country. After a similar call for effective customers to get in touch, the court compelled the case to arbitration, although it declined to dismiss the case. CSK&D says it's currently working to pursue the case through the arbitration process. Clearly, it's over to avoid going down that route with the DualSense case. Arbitration is obviously not the ideal outcome. You could still get something out of it, but you prefer to have the companies actually held the task over this. The complaint demands a jury trial with the plaintiffs seeking monetary relief for damages suffered, declaratory relief, and public injunctive relief. Sony is at the comment. It's going to be interesting to see what he really expects behind a refund for the system. The refund for the system and maybe the extra controller he bought. I'm not really sure what else he's hoping to get out of it. I think that might be a fair ask, but beyond that, who really knows. Here's another example of DualSense here, I guess on Reddit. Yeah, where the character's just moving on, so what do you see that? I'm presuming they're not touching the controller. So I guess that's an example of the drift right there. Controller drift has become a significant issue in recent years. There's an ongoing class action against Microsoft for stick drift on the Xbox One controllers, which also includes specific references to the company's most recent elite controller. That's what bothers me about some of the drift issues. It's happened in the elite controllers. And obviously, we know about the European Commission going after Nintendo as well for Joy-Con drift. Like this is a really serious thing. And what's funny is, the issues that caused drift with the Joy-Cons is a little bit different than the issues that caused drift with the DualSense and the DualShock 4 and the Xbox controller. But the thing is, all these controllers are using designs that are going to have failure rates that are going to lead to drift. It's just going to happen. The way the sticks are designed are not ideal. There's actually been significantly better design sticks out there in the wild. They exist that essentially eliminate most possibilities of drift. There's always going to be some slight ability if the stick breaks or something like that. But there's actually way better design sticks out there that the companies don't use because they're more expensive. They're more expensive than manufacturer. The molds might not exist to make them in mass. I don't really know. But technically, there are better sticks. And what makes me kind of mad about the Microsoft situation is, you're paying a premium for the Elite controller. You should figure you want the best sticks. You're already paying a premium. So why wouldn't you get the better sticks? I don't know. Clearly, there isn't a way to design sticks not to have drift. It's that companies aren't willing to use the more expensive sticks to solve this issue. And I think what's going to happen is it's going to take Microsoft Sony or Nintendo, maybe all three, losing a major lawsuit and having to pay millions out of pocket before they start to realize, yeah, we can't keep cheaping out on sticks. We need to actually invest and put proper, better designed hardware in our controllers. There's other complaints as well, PlayStation 5 controller. It has that force feedback on the triggers. Well, surprise, surprise. The force feedback has this plastic gear, kind of spindle gear that's spinning. It's plastic. Surprise, surprise. After people use it enough, sometimes it begins to slip and not work anymore. Who could have guessed a plastic spindle gear was not going to last very long? Who would have guessed that that's a stupid design choice? It reminds me of the switch when they have the plastic locks. Like, who would have guessed people would be breaking those plastic locks? Who would have guessed people would be breaking those plastic spindle gears? I mean, come on. I mean, I get that it's cheap, but come on. Spend the extra few cents and get some metal parts in there that are less likely to break. I don't understand some of the choices that are made beyond just trying to cost cut at every corner. And I understand PlayStation 5 is sold at a loss. Xbox Series X sold at a loss. And while I haven't had an issue with my Xbox Series X controller yet, it's only a matter of time, I'm sure. Is it going to drift as quickly as a switch-in? I don't know. Apparently, I've got to worry when I get to PlayStation 5 that the dual-sense is going to drift right out of the box. Thankfully, I've got this third-party controller right here, which doesn't have the triangle buttons. It's got the ABXY. But I mean, I'm sure I could buy it because these are hot swappable buttons. I'm sure I can go on the company's website and get some PlayStation ones with the circle, or is it X circle triangle square. And get those buttons and swap them out. This controller actually would work with a PlayStation 5. I honestly think that this is just a mess that needs to go away. I think we all deserve as gamers better controllers, higher quality controllers. And I'm not saying that this controller is any higher quality. I just don't have any drift with it yet. But if dual-sense, for some people, is drifting right out of the box brand new day one, that's a problem. That is like Joy-Con-esque or worse problem. Now, obviously, sometimes class-section lawsuits are literally just a little far-reaching. And it's possible that maybe this company that is, I guess, specializing in these at this point is maybe overstepping their bounds. But the complaints are real. They're out there. You type in dual-sense drift on Google, and you're going to see dozens, hundreds of people having issues. So it exists. Is it big enough for a class-action yet? I don't know, but it clearly exists. So what are you going to do? These companies need to do better. You spend 500 bucks on a system. People expect better. You know, imagine that I bought this mouse here, right? This Corsair, what is it? This Corsair Darkcore RGB Pro. That's a wireless gaming mouse with super high DPI, a bunch of settings. And I got it. And all of a sudden, it started drifting on its own. The laser was drifting. And I wasn't getting accurate mouse things. Imagine that the mouse wheel just stops scrolling one day. You know, maybe day one, or the RGB lights that are shining on it. I don't know how well you guys can, whoops, as I drop. I don't know how well you guys can see some of the RGB. I can cover it with my hand. But do you see like the RGB? Like imagine that, you know, that just stopped working day one. And this is, you know, a $90, $80, $90 mouse. Imagine that my Corsair keyboard here, which is currently charging. I guess I can unplug it. Imagine that this beast of a keyboard here, you know, the lights weren't working on it and the switches started breaking. Like that's the kind of stuff we're talking about happening day one. That kind of quality control issues typically don't happen when you're buying high quality hardware. So when you're spending $60, $70 for a controller, you expect it to be a really high quality controller. And again, Nintendo's, you know, not like this is a bad example of a pro controller because I already swapped out everything for these RGB things that I currently have turned off. But like these are even getting, getting drift because these are using the same stick designs as the DualSense and the Xbox controller. So there, these companies need to stop cheaping out. Okay. I don't think it's wrong to call these companies out and say, look, maybe this was acceptable back before we had solutions that could make better sticks before we had the ability to make better control sticks that could deal with most of the drift issues, right? There was a time that that technology just didn't exist. So this is what we had to deal with. But that's not the case anymore. It exists. It's more expensive. But so what? So what? I'll pay 80 bucks for the controller. If it means I'm not going to ever have to worry about drift, at least for Linux, five, six, seven years. I don't know. Now maybe that's just me. Obviously we, you know, controllers have gotten better. You think about those joysticks back on the N64 controller. So those, those broke pretty easy. But anyway, thank you guys so much for tuning in. I'm Santa Rova Jazz from Nintendo Prime. If you enjoyed the video, drop a like, subscribe, all that jazz. We're on our road to 70K. Let's keep it up. Remember that giveaway we have going on. And I'll catch you guys in the next video.