https://www.vzbv.de/urteile/gericht-bestaetigt-widerrufsrecht-bei-videospielen
https://imgur.com/TAo32kN
法院判決稱,「任天堂違反了撤回權,不滿足撤回權的先決條件,因為預購後提供下載此
時遊戲仍然是不能玩的,直到發布日期,遊戲對買家來說這段時間『一文不值』,所以任
天堂與買家之間的合同並未履行。」
“Nintendo offered video games for download through the eShop prior to their
official release date,” the court noted. “The download would normally
include a complete ‘preload’ of the game in addition to an icon that would
be displayed on the console. The unlocking of the game took place through an
update on the official release date. These online purchases could under
normal circumstances be cancelled for any reason within 14 days.”
“Nintendo did not recognize the right to cancel, relying instead on a legal
exception. The conditions for removing the right to cancel were however not
met because the download made available after the preorder did not contain a
playable game. The game was worthless to the buyer until the release date and
the contract with Nintendo was not fulfilled.”
When it comes to the cancellation of preorders, the policy held by Nintendo
will have to change following the decision by the Higher Regional Court of
Frankfurt. The judgement is considered to be valid throughout all of Europe.
在取消預訂方面,任天堂的政策將不得不根據法蘭克福高等地方法院的決定而改變。該判
決被認為在整個歐洲都有效。