>>15447676Nintendo didn't "sue stores", if there was any truth to those rumors levied penalties.
They can do that because failure to comply can easily be met with Nintendo refusing to ship them future titles, which would be catastrophic to their business.
Best Nintendo can do to this kid (and he is a kid) is sue him for EULA violation, a charge which will never hold up in court and will at most cost him time and money he doesn't have as a pressure tactic to get him to settle.
And they won't DO that for the same reason they haven't any OTHER gen when hacking was rampant: it's cheap and unseemly and the damage to their reputation costs more than the money lost by the derailing of their hype train plans.