The judge notes that Nintendo might still have grounds for a civil lawsuit if it can be proven that the DSTT infringes on a Nintendo industrial design patent. But his ruling is a far cry from the usual "flash carts are piracy machines" rhetoric that (understandably) angry companies like Nintendo perpetuate.
Super Joystiq Podcast 087: Watch Dogs, South Park The Stick of Truth, The Walking Dead: A House Divided
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