@simon_brooke @pluralistic @neil
Yesterday I received a Switch2 as a gift (thanks Brian) and, while setting it up, was disappointed to see the Nintendo TOS included mandatory #arbitration (!).
I'd inadvertently used the US as my location at first. But then I remembered that I instead live in the UK. I switched on my #VPN to properly reflect that location.
As if by magic, the TOS became very brief. Also: no arbitration clause.
I have no problem consenting to TOS based on Europe's consumer-friendlier laws. I finished setting up my new game system, relieved for an easy solution.
The use of mandatory arbitration against consumers is contrary to its original intent. It was designed for business entities of like size and power.
(Spent a summer in Europe studying international arbitration while in law school.)
Glad to know folks are talking about this.