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I don't understand why Nintendo or Game Freak would be legally allowed to threaten someone with lawsuits if they obtained the game legally. What if he bought it from someone else who stole it from a shipment truck and didn't know that the game 'wasn't OUT yet'?
Video games are ultimately toys and I don't understand why publisher-designated release dates are something that has to be adhered to. I.E. NOBODY CAN PLAY WITH AND SHARE OUR PRODUCT UNLESS WE SAY YOU CAN.