https://www.vzbv.de/urteile/gericht-bestaetigt-widerrufsrecht-bei-videospielen
https://imgur.com/TAo32kN
法院判决称,“任天堂违反了撤回权,不满足撤回权的先决条件,因为预购后提供下载此
时游戏仍然是不能玩的,直到发布日期,游戏对买家来说这段时间‘一文不值’,所以任
天堂与买家之间的合同并未履行。”
“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.
在取消预订方面,任天堂的政策将不得不根据法兰克福高等地方法院的决定而改变。该判
决被认为在整个欧洲都有效。