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That’s not code and Texas Instruments already lost on that one
And Nintendo won.
Something something legal precedence. This hasn’t gone through court yet, has it?
And if Nintendo has its way (which they did this go round) they won’t have to. They got what they wanted and they’re not having to spend ridiculous amounts of money (that there’s basically no way to re-coup) on litigation. They sued a guy who can never pay them back what the court says he owes them. I doubt they want to go through that again. Easier to just for arbitrate the proceedings.
They didn’t win, they did an out-of-court settlement.
The distribution of DRM encryption keys is very storied.
https://en.m.wikipedia.org/wiki/AACS_encryption_key_controversy