Check out this story from techdirt:
Thanks to Nintendo for their spectacular though inadvertent timing in supporting our course curriculum. Many of the arguments against contractual overreaching through EULA’s and ToS’ which we have explored over the last couple of weeks seem to find resonance here. Is Nintendo courting a class action suit? What is the appropriate recourse against Nintendo for a gamer if they don’t want to agree and whose hardware has been impacted as a result? What might be the potential remedies here? What causes of action do you see in tort? In contract? Anything else?