Reports of Execrise Guru's Suit vs. Nintendo Seem Premature

February 10, 2009 -

A story sourced to back to Newsblaze (we're not familiar with the publication) maintains that a California fitness guru by the name of Michael Torchia (left) plans to file a class-action lawsuit against Nintendo.

The Newsblaze story, in fact, reads rather like a press release and links back to Torchia's marketing site. As to the supposed lawsuit, its basis is described as follows:

Michael Torchia's mission is to have Nintendo pull their Wii games off the shelves until they make important changes to their products.

People around the World are sustaining serious injuries due to the lack of proper warnings on their products... Torchia feels Nintendo is misrepresenting their Wii games as a replacement for sensible exercise and sports activities. He believes that Nintendo needs to issue a warning that these games are intended for entertainment and not to replace actual physical activity...

There is a new phenomenon that is occurring as a result of extensive and widespread usage of the Wii Fit and Wii Balance Board. As more people use the Wii as an exercise tool, they are sustaining injuries in their knees, back and wrists because of overuse and improper warm-up...

Michael Torchia, has retained a prominent law firm in Beverly Hills, California to prepare a class action suit against Nintendo...

Despite reports to the contrary at some game sites, no lawsuit has yet been filed. The law firm said to be preparing such an action is not named. It's easy, of course, to threaten a lawsuit and adding Nintendo's industry-leading name to the mix ensures that such a threat will garner some coverage.

That's not to say a class-action suit won't be forthcoming. But it seems very odd to announce it in this fashion.


Comments

Re: Reports of Execrise Guru's Suit vs. Nintendo Seem ...

Isn't this the guy that gets on Fox news and practically demands that fat people get put in consentation camps because their fat?? I personally wanna deck that guy cuz some of us are biologically not thin people and to act like that is disgusting...if he's got a legit complaint fine, but something tells me that's not the issue...

Re: Reports of Execrise Guru's Suit vs. Nintendo Seem ...

Nintendo should sue this guy for wasting their time dealing with an asshole.

When Jack Thompson runs his mouth, does anyone really care what he has to say anymore?

Re: Reports of Execrise Guru's Suit vs. Nintendo Seem Premature

So does this guy think DDR doesn't count as exercise either?

Re: Reports of Execrise Guru's Suit vs. Nintendo Seem ...

I blame school for kids shying away from sports. From my experience, gym became more of a way to show off your ego. Once we suppress that, we will see a big difference. Teachers were too often ignore the bullying that happens in gym. It's like they are waiting to be told the problem instead of just looking what is in front of them.

Also, why can't we do more real sports? Kicking a ball around is much more fun then running in circles, and still get as much, if not, more exercise. Introduce more  differenet kinds of sports. I wasn't really into much sports, and I went through quite a bit. But now I found Rugby, and love it.

Then we could have programs for kids to play set-up sports on their local fields. Instead of using money on awareness on the problems we have, advertise what solutions we have. Encourage parents to bring there kids to these events.

There is a lot we can do, but if we are stuck on the problem, we will never make it to the solution.

Re: Reports of Execrise Guru's Suit vs. Nintendo Seem Premature

He's probably just pissed that people would rather have fun with Wii Fit than pay out their posteriors to train with a 'fitness guru'.

And of course, in the modern world, the obvious solution is a lawsuit.


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Re: Reports of Execrise Guru's Suit vs. Nintendo Seem Premature

"[...]they are sustaining injuries in their knees, back and wrists because of overuse and improper warm-up..."

Overuse of Improper real-life exercise may, and often does, hurt a lot more than an ass cramp or a sore wrist. Who do I have to sue now? This guy?

Re: Reports of Execrise Guru's Suit vs. Nintendo Seem Premature

Then canz Iz suez the game indutry for my writst and thumb pains from aplying to much in my youth?

 


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Re: Reports of Execrise Guru's Suit vs. Nintendo Seem Premature

That'll teach Nintendo and any other gaming company.  Don't try anything new or innovative.

Re: Reports of Execrise Guru's Suit vs. Nintendo Seem Premature

People around the World are sustaining serious injuries due to the lack of proper warnings on their products... There is a new phenomenon that is occurring as a result of extensive and widespread usage of the Wii Fit and Wii Balance Board. As more people use the Wii as an exercise tool, they are sustaining injuries in their knees, back and wrists because of overuse and improper warm-up...

then why does Wii Fit tell me to get a proper warm-up before doing any activity? his lawsuit defeats itself

岩「…Where do masochists go when they die?」

岩「…I can see why Hasselbeck's worried about fake guns killing fake people. afterall, she's a fake journalist on a fake news channel」

Re: Reports of Execrise Guru's Suit vs. Nintendo Seem ...

Either he is just using the Wii's success to get publicity OR he is one of those insecure "fitness gurus". 

I've met my fair share of so-called personal trainers and martial arts teachers who are all about stroking their egos by mocking their students/clients' lack of physical fortitude.  Usually, they do it out of personal insecurity (usually shortness).

 

Re: Reports of Execrise Guru's Suit vs. Nintendo Seem ...

Any chance of anyone explaining what an 'execrise guru' is?

Re: Reports of Execrise Guru's Suit vs. Nintendo Seem Premature

I 've never heard Nintendo once say that the Wii is an alternative to physical exercise...

Sortableturnip's Law: As an online discussion of video game violence grows longer, the probability of a comparison involving Jack Thompson approaches 1

Re: Reports of Execrise Guru's Suit vs. Nintendo Seem ...

Bit of a standing problem.  Unless he was actually injured in this way, he won't be able to be a plaintiff in this suit.  Maybe he'll argue that the Wii is taking his business, but I don't think that'll fly either.

Re: Reports of Execrise Guru's Suit vs. Nintendo Seem ...

I especially love that one :

"Through slick advertising campaigns and product placements on popular television shows, children and adults are being brainwashed that Wii games are safe and effective ways to become physically fit.

"On the contrary, Nintendo is contributing to the epidemic of obesity. Young and old are putting away their gym clothes and shying away from going outdoors to play sports, because the addictive appeal to the Wii game products. Just as the tobacco companies created such a false image of their products and hid the potential dangers, so is Nintendo," says Torchia."

 

Note that Newsblaze already ran a story about this last month, written by Michael Torchia himself : http://newsblaze.com/story/20090122080312zzzz.nb/topstory.html

"The Nintendo game design team wasn't content to just let us sit around and play video games on the couch. Instead they had to invent a gaming system that makes us actually get up off the couch and move around, thus exposing just how out of shape we've become as a society. Well guess what? Most people still sit on the couch and play the games because they are Realii lazy!"

Re: Reports of Execrise Guru's Suit vs. Nintendo Seem ...

in the words of Homer simpson(referring to this article) DO'H

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

 
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MaskedPixelanteNah, I'm fine purple monkey dishwasher.07/28/2014 - 4:05pm
Sleaker@MP - I hope you didn't suffer a loss of your mental faculties attempting that.07/28/2014 - 3:48pm
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ZenMatthew, the 3DS already has GBA games in the form of the ambassador tittles. And I an just as curious about them not releasing them on there like they did the NES ones. I do like them on the Wii U as well, but seems weird. And where are the N64 games?07/28/2014 - 10:40am
james_fudgeNo. They already cut the price. Unless they release a new version that has a higher price point.07/28/2014 - 10:19am
E. Zachary KnightMatthew, It most likely is. The question is whether Nintendo wants to do it.07/28/2014 - 10:12am
Matthew WilsonI am sure the 3ds im more then powerful enough to emulate a GBA game.07/28/2014 - 9:54am
Sleaker@IanC - while the processor is effectively the same or very similar, the issue is how they setup the peripheral hardware. It would probably require creating some kind of emulation for the 3DS to handle interfacing with the audio and input methods for GBA07/28/2014 - 9:30am
Sleaker@EZK - hmmm, that makes sense. I could have sworn I had played GB/GBC games on it too though (emud of course)07/28/2014 - 9:23am
E. Zachary KnightSleaker, the DS has a built in GBA chipset in the system. That is why it played GBA games. The GBA had a seperate chipset for GB and GBColor games. The DS did not have that GB/GBC chipset and that is why the DS could not play GB and GBC games.07/28/2014 - 7:25am
IanCI dont think Nintendo ever gave reason why GBA games a reason why GBA games aren't on the 3DS eshop. The 3DS uses chips that are backwards compatable with the GBA ob GBA processor, after all.07/28/2014 - 6:46am
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Matthew Wilsonbasically "we do not want to put these games on a system more then 10 people own" just joking07/27/2014 - 8:13pm
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Andrew EisenWell, Mega Man 1 - 4, X and X2 are already on there and the first Battle Network is due out July 31st.07/27/2014 - 6:16pm
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