Many such lawsuits have ended in settlements outside of courts, so I’m guessing many legal claims have not been validated or invalidated in court yet. This can be good or bad of course. But now, if this guy goes to court, I’m actually concerned because it may give an unchallenged path to Nintendo’s legal arguments and assuming the court decides he’s guilty, there will be precedent of these legal claims having been vetted in court. Would that not be worse for anyone in the future who would want to challenge Nintendo’s legal claims?
Google, Microsoft, OpenAI, Anthropic and co should help fight this fight, their tools are the problem here.