The most likely reason is, in short, forced arbitration was a way to prevent consumers from collectively taking legal action, and attorneys ended up doing that anyway in a way that’s even more costly to companies like Valve than class action lawsuits.
It’s also caused some ugly press recently, and the US has already passed legislation prohibiting it in certain agreements. I’m not expecting it to be in terms of service agreements much longer.
Yes, there are going to be opinion pieces like this one filling the space for a major news story like this one, but there’s still room for proper journalism right now. I recommend folks check out PC Gamer’s interview with an IP attorney that worked in Tokyo (which was also the second link in this posted article).
Software patents are a thorny topic, and it’s worthwhile for enthusiasts of the industry or those interested in IP law to read up on the concept in general. There’s risk for Nintendo here, and I found Sigmon’s offhand comment about how Nintendo’s ramped up legal hiring to be particularly interesting.