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What really happened between Nintendo and Sony?

Man such spin. Delusion is a tributary of Denial.

nintendoprofits.jpg


How do you explain this then?
 
People love to over-dramatise what probably was little more than a disagreement of terms between two business entities, based on some unforeseen change most likely. Sony (Kutaragi, specifically) had intents to enter the video game market anyway, irrespective of whether they could make a beneficial deal with Nintendo or Sega.
 
This is really how it works, companies have schedules, contracts, lots of money to move, and I think sadly it really was a backstab. But it was for the better. Playstation and even the Xbox wouldnt have existed.

Looking at these threads, people like to view their favourite company as a person doing good (or bad) things, but companies just do not work like that most of the time. Even when they present themselves as being personal, that is often part of the image they aim for in their business strategy.

I have a realy hard time believing Nintendo and Sony did not have a business plan thought out before the product reached a state worthy of presentation to the market. Thus, I do not believe it is as simple as Sony suddenly demanding that cut out of the blue. If they truly had not decided on cuts and legalities surrounding their ip's in an early stage, then that seems quite amateurish to me. How the money will be divided and who owns what is not something you skip when making plans with another company, seriously.

So a question to you history-GAF, was there any event or similar product on the market to possibly make one of the companies reconsider their plans around that time? I know there were already disc-based consoles around then, maybe the bad market position and major technical caveats of those had an impact? Or maybe changes in costs of certain production processes had an influence?
 
Someone stepped on someone else's J's.

Nah but it was really just two companies tryna gain the upper hand. Fans will try to mitigate the wrongdoing of their favorite company tho.
 
I really wonder if Yamauchi had ulterior motives the whole time. If the deal was so bad (what I had read was that Sony would have retained all licensing rights for CD games. Nintendo made a lot of money by licensing third parties to make the games, so they'd miss out on all that revenue), why did they enter it in the first place? Did they hope to learn something from Sony and ditch out from the get-go?

The whole thing was just Yamauchi pulling the renegade trigger over and over again.
 
None of you fools know what happened, you were all mind wiped.


The battle between PowerNinjaSamurai suit Yamauchi and supersoldiernanomachine Kaz laid waste to entire nations.
 
nintendoprofits.jpg


How do you explain this then?

This is net profit, correct?

Just the Playstation and Xbox divisions of Sony and Microsoft, respectively?

This table supports the point that Nintendo has been doing way better than its competitors financially, but it would help if it was presented better.
 
There's a book; Console Wars (being made into a movie!) that talks about what happened. Read that. Most of this thread are fanboys trying to spin things.

The main takeaway is that Nintendo more or less ended up creating their two biggest rivals. Had that deal not gone as south as bad as it did (fault be damned), Sony would not have created the Playstation (it was legitimately authorized because the head of Sony was that mad at Nintendo). which then led to Microsoft entering the console wars because they were afraid of the PS2 becoming the hub for the living room (and not the PC, like they had hoped for). It's a little crazy how one decision had such an insane ripple effect.

PlayStation was the brainchild of Ken Kutaragi, a Sony executive who had just come out of his hardware engineering division at that time and would later be dubbed as "The Father of the PlayStation".[15][16]

The console's origins date back to 1988 where it was originally a joint project between Nintendo and Sony to create a CD-ROM for the Super Famicom.[17] Although Nintendo denied the existence of the Sony deal as late as March 1991,[18] Sony revealed a Super Famicom with a built-in CD-ROM drive (that incorporated Green Book technology or CDi) at the Consumer Electronics Show in June 1991. However, a day after the announcement at CES Nintendo announced that it would be breaking its partnership with Sony, opting to go with Philips instead but using the same technology.[19] The deal was broken by Nintendo after they were unable to come to an agreement on how revenue would be split between the two companies.[19] The breaking of the partnership infuriated Sony President Norio Ohga, who responded by appointing Kutaragi with the responsibility of developing of the PlayStation project to rival Nintendo.[19]

At that time, negotiations were still on-going between Nintendo and Sony, with Nintendo offering Sony a "non-gaming role" regarding their new partnership with Philips. This proposal was swiftly rejected by Kutaragi who was facing increasing criticism over his work with regard to entering the video game industry from within Sony. Negotiations officially ended in May 1992 and in order to decide the fate of the PlayStation project, a meeting was held in June 1992, consisting of Sony President Ohga, PlayStation Head Kutaragi and several senior members of Sony's board. At the meeting, Kutaragi unveiled a proprietary CD-ROM-based system he had been working on which involved playing video games with 3D graphics to the board. Eventually, Sony President Ohga decided to retain the project after being reminded by Kutaragi of the humiliation he suffered from Nintendo. Nevertheless, due to strong opposition from a majority present at the meeting as well as widespread internal opposition to the project by the older generation of Sony executives, Kutaragi and his team had to be shifted from Sony's headquarters to Sony Music, a completely separate financial entity owned by Sony, so as to retain the project and maintain relationships with Philips for the MMCD development project (which helped lead to the creation of the DVD).[19]
 
Well if Nintendo were to cancel the partnership with Sony they should've told earlier because if cancellation is too late project will go beyond the point of no return. I think Kutaragi and his team had no choice but go forward, despite of oppositions rising from his own company (I also work at Japanese electronics company so I could see what happened there). That's usually how those "wtf is this?" product gets released lol. As for Playstation Kutaragi was lucky enough to make it a viable product.
 
Yamauchi era Nintendo was a shitty company to do business with. They fucked Sony over and got some almost instant karma served up.
 
There's a book; Console Wars (being made into a movie!) that talks about what happened. Read that. Most of this thread are fanboys trying to spin things.

The main takeaway is that Nintendo more or less ended up creating their two biggest rivals. Had that deal not gone as south as bad as it did (fault be damned), Sony would not have created the Playstation (it was legitimately authorized because the head of Sony was that mad at Nintendo). which then led to Microsoft entering the console wars because they were afraid of the PS2 becoming the hub for the living room (and not the PC, like they had hoped for). It's a little crazy how one decision had such an insane ripple effect.

thanks, i just purchased the kindle edition.
 
Could you imagine if that deal went through? What-If scenarios like this amaze me to no end. I figure Microsoft would still have entered the console market eventually if it happened, too.
 
Could you imagine if that deal went through? What-If scenarios like this amaze me to no end. I figure Microsoft would still have entered the console market eventually if it happened, too.

I imagine what would have happened is that Nintendo would be the gaming division of SONY.

And we'd probably have the best of both worlds actually..

How sad.

Probably not though.
 
Not watched the video due to the length and doing work but I always thought it was this:

Ken Kutaragi secretly approached Nintendo to create the audio chip for the SNES. Philips and Sony created a new CD format, Nintendo liked it and set up a deal with Sony to create the SNES-CD as well as a Sony brand console using the same tech due to their relationship with Ken. For some reason Nintendo didn't read the contract until Sony had announced the Play Station at CES, essentially Sony had total control of the CD format and the content, understandably Nintendo didn't like this as it would have turned them into a second party developer on the format and rather than announcing the Sony-Nintendo partnership announced a Phillips-Nintendo where practically the same deal applied but Nintendo took the role of Sony. Sony wanted to work with Sega but they laughed them out of the door. Nintendo filed court case after court case to try stop them from using the tech, eventually Sony sacked of the SNES elements and turned Play Station into PlayStation and kicking Nintendo out of the equation and released the console we know of now.
According to this article, Sega of America wanted to work with sony, having little faith in the Saturn.

However...Sega of Japan being Sega of Japan, said no.
 
I was googling around and found this video. I'm sure if its accurate or not. I figure it might be slightly biased since it's on a Nintendo youtube channel but who knows.

https://www.youtube.com/watch?v=ivJlZCjfxfI

Is this how things really went?

Watched it all.

It happened like this .. only if you actually believe that Sony broke inside Nintendo's HQ at night to rewrite the contract, or if they drugged the Nintendo execs to make them sign on stuff they didn't know about in the contract.

It has the historical outlines, but viewed through seriously tinted Nintendo glasses.

Basically, the Nintendo execs messed up by being short sigthed and thinking they had the better deal (by giving up on the "worthless" CD licensing), but then when realizing their mistake instead of doing the rational and logical thing (try to re-work the deal with Sony) they went behind their back and backstabbed them publicly, I guess hoping to have them laughed out of the console market.

Anyways, not the brightest slice of Nintendo's history really.
 
Sony was overly greedy with their contract, it seems.

But Nintendod lawyers/representatives/CEO actually read the contract, agreed with it and signed it.

Then Nintendo simply broke the contract and went to Phillips without telling Sony. So Nintendo was fully at fault here. Greedy contracts are made all the time between companies, and if both of them agree to them, and one of the companies later disrespect the contract, then who is at fault?
 
What'a your point? Nintendo gave all that profit away to their investors. It's one of the reasons why they barely have any presense in the market.

Doesn't change the fact that since the Playstation, Nintendo has still made more money in the gaming sector than Sony. So this Phillips/Sony/Nintendo issue did not destroy Nintendo.
 
Doesn't change the fact that since the Playstation, Nintendo has still made more money in the gaming sector than Sony. So this Phillips/Sony/Nintendo issue did not destroy Nintendo.

It depends. Sony was able to use the PS3 to push Blu-Ray as the major next-gen media of choice. Should all the royalties they get from Blu-Ray be tied to that? Nintendo is a gaming company, period. Microsoft and Sony have gaming divisions. If MS took a loss in Xbox but was able to push Windows 10 into everyone's homes by using the Xbox and Windows sales went insane...that wouldn't show up in a random missing context excel spreadsheet.

The biggest what-if in modern gaming history is probably "what if Sony & Nintendo end up making the Nintendo Playstation", and for good reason. You probably never have Sony enter the market as a competitor, which means you never have Microsoft enter the market as a competitor. Does Sega survive by virtue of being the only other alternative? Does someone else (Apple? Google? Samsung?) enter the gaming market? What happens if MS ends up concentrating what ended up being their Xbox efforts into PC?

The ripple effects of that one decision are bonkers.
 
It depends. Sony was able to use the PS3 to push Blu-Ray as the major next-gen media of choice. Should all the royalties they get from Blu-Ray be tied to that? Nintendo is a gaming company, period. Microsoft and Sony have gaming divisions. If MS took a loss in Xbox but was able to push Windows 10 into everyone's homes by using the Xbox and Windows sales went insane...that wouldn't show up in a random missing context excel spreadsheet.

The biggest what-if in modern gaming history is probably "what if Sony & Nintendo end up making the Nintendo Playstation", and for good reason. You probably never have Sony enter the market as a competitor, which means you never have Microsoft enter the market as a competitor. Does Sega survive by virtue of being the only other alternative? Does someone else (Apple? Google? Samsung?) enter the gaming market? What happens if MS ends up concentrating what ended up being their Xbox efforts into PC?

The ripple effects of that one decision are bonkers.

There is no point in revisionist history. All I noted was Nintendo still made more money in the gaming sector than Sony did since the inception of the Playstation. The impact of blu ray was mitigated by the rise of digital content. I'm not sure that was worth billions of dollars in losses.
 
...
Really interesting story here. How many people know that the original processor for the PlayStation 3 is sitting in the XBOX 360? There's a lot people don't know. Also, the G4 video about the DreamCast is ace too.

I thought everybody knew that, since the announcement consoles, specs are the first thing that comes out
 
There is no point in revisionist history. All I noted was Nintendo still made more money in the gaming sector than Sony did since the inception of the Playstation. The impact of blu ray was mitigated by the rise of digital content. I'm not sure that was worth billions of dollars in losses.

Pretty sure Playstation overall has made them Sony quite a bit of money (gonna point out that the excel chart cuts off right as the Wii drops off a cliff...incomplete data for the win). Not as much as Nintendo; but it is also unfair to compare a company that is solely invested in gaming versus companies that have divisions (and in MS' case, relatively small divisions) of gaming. Nintendo's made a lot of money, sure; but the decision to move away from Sony probably cost them billions (maybe tens of billions) of dollars in the long run. (Especially since the N64/GC generations went handily to Sony).

But, then you get into the idea of whether gaming ever becomes nearly as big without the entrance of Sony (and later, Microsoft) into the market. Insane and fun to think about.
 
I don't know what happened but given their history and actions up until that point it's not hard to see why it was simply not very likely to happen.

Nintendo entered the console market after a large video game crash and had a very restrictive licensing plan that made a lot of publishers uneasy and upset. Atari even famously engineered cartridges that didn't require Nintendo's permission or licensing to sell them for additional profit.

Sony has always been one of the most locked-down proprietary restrictive companies. Most Japanese companies are arrogant and stubborn but Nintendo and Sony are some of the biggest ones. Even until this day, they still make design or business decisions based around their outdated way of thinking.

It's much more impressive to me that they ever announced a near-finished console than that their business plan eventually fell flat and they parted ways.
 
Well I haven't watched the video since it's like an hour long but from what I can remember Nintendo wasn't happy with the deal that was going on with Sony. So they went behind Sony's back and worked up a new deal with Phillips. Sony went on to CES and introduced the Nintendo Playstation thinking everything was fine. And the next day Nintendo announced they were dropping the Playstation and working with Sony rival Phillips instead. Sony was so angry over how Nintendo fucked them over that they decided to enter the console market and take on Nintendo. They then went on to crush Nintendo with the Playstation. Pretty good revenge story.
Thug life
 
I fucking love this data table, it makes the constant Nintendo is doomed talk even more amusing.

Note; the last three years (2012 - 2014) would be

2012: -532 million US
2013: -456 million US
2014: +207 million US

Assuming those are operating profits. The chart doesn't say what those numbers are from.

Note: If we're sticking purely to "gaming" - not sure how Nintendo classifies the Amiibos. Those are primarily responsible for Nintendo's profitability in FY 2014 (March 31st 2014 to March 31st 2015).
 
Pretty sure Playstation overall has made them Sony quite a bit of money (gonna point out that the excel chart cuts off right as the Wii drops off a cliff...incomplete data for the win). Not as much as Nintendo; but it is also unfair to compare a company that is solely invested in gaming versus companies that have divisions (and in MS' case, relatively small divisions) of gaming. Nintendo's made a lot of money, sure; but the decision to move away from Sony probably cost them billions (maybe tens of billions) of dollars in the long run. (Especially since the N64/GC generations went handily to Sony).

But, then you get into the idea of whether gaming ever becomes nearly as big without the entrance of Sony (and later, Microsoft) into the market. Insane and fun to think about.

I can't perfectly predict what would have happened if this deal never went through. What I can do is point out that Sony made much less money in gaming than Nintendo did.

Sony may have lost more than they gained with Playstation. Sony also invested a lot of resources in the Playstation brand. Those resources could have gone to other areas of the company. Now their TV business is failing, their mobile phone business is underperforming, they sold their laptop division and they also sold their original headquarters.

Sony outcompeted Nintendo in the home console video game market and were subsequently outcompeted by Samsung and Apple in the consumer electronics market.

Adjusted for inflation Sony's revenue in 1994, when the first playstation launched, was greater than its revenue in 2014.

Is Playstation the sole factor to blame for Sony's collapse? No definitely not. However, I do believe it may have been a distraction that Sony could have done without.
 
If you guys are interested in reading some... fiction, someone's writing a timeline here where Nintendo and Sony do go ahead with their alliance after some renegotiations. (Basically Yamauchi uses a possible Philips deal as leverage to get a better deal from Sony.)

Warning, also has non-videogame butterflies such as a not-so campy Batman Forever, Saban bringing Sailor Moon over with little localization, the future Eminem being gunned down, the Cleveland Indians actually winning the World Series...

Yeah... it's that kind of alternate timeline.
 
I fucking love this data table, it makes the constant Nintendo is doomed talk even more amusing.

Nah, what's funnier is seeing charts like that and then hearing the excuse that Nintendo can't afford to compete on specs, online, third-party deals, or anything else. Can't have it both ways.
 
Note; the last three years (2012 - 2014) would be

2012: -532 million US
2013: -456 million US
2014: +207 million US

Assuming those are operating profits. The chart doesn't say what those numbers are from.

Note: If we're sticking purely to "gaming" - not sure how Nintendo classifies the Amiibos. Those are primarily responsible for Nintendo's profitability in FY 2014 (March 31st 2014 to March 31st 2015).

It speaks volume on how much of a well-oiled machine Nintendo is that in their first and biggest loss they posted in a year they still lost less money than the best year during the first 4 years of the PS3 by Sony.

Nah, what's funnier is seeing charts like that and then hearing the excuse that Nintendo can't afford to compete on specs, online, third-party deals, or anything else. Can't have it both ways.

To be completely fair, that's also a reason why Nintendo is so profitable.
 
Well I haven't watched the video since it's like an hour long but from what I can remember Nintendo wasn't happy with the deal that was going on with Sony. So they went behind Sony's back and worked up a new deal with Phillips. Sony went on to CES and introduced the Nintendo Playstation thinking everything was fine. And the next day Nintendo announced they were dropping the Playstation and working with Sony rival Phillips instead. Sony was so angry over how Nintendo fucked them over that they decided to enter the console market and take on Nintendo. They then went on to crush Nintendo with the Playstation. Pretty good revenge story.

Another account, specifically related to the bolded bit, from Console Wars by Blake J. Harris (and the book is presented as a supposed first hand account) says that the Sony executives were pissed, but weren't really fully on board with the whole video game thing and were content to just let the matter go. Kutaragi finished his alpha of the system behind their backs, then, while pleading with them to reconsider, plopped it down on the desk like "I already made it, it's really powerful, give me money".
 
There isn't a definitive answer for this.

No one knows exactly what determinated Nintendo and Sony to withdraw their deal, everything else is merely conjecture or spectulation based on the story given at the time. Right thing is, the deal would be way more benefic for Sony than Nintendo, as they would hold the rights for everything made for the Play Station, thus, making Nintendo to work, in practice, as a third-party.

IMO, the major reason why Nintendo dropped the deal was because they didn't wanted to loose cartdrige manufacture and demand control, as it would use CD-ROM's instead, a reason for why they chose to use carts on N64 as well, and it's still a major source of income even nowadays. Nintendo was always very restricted over this business practice (a media they can be able to control manufacture and demand) and they even chose to loose third-party support and market leadership with the N64 to keep this practice intact.
 
I can't perfectly predict what would have happened if this deal never went through. What I can do is point out that Sony made much less money in gaming than Nintendo did.

Sony may have lost more than they gained with Playstation. Sony also invested a lot of resources in the Playstation brand. Those resources could have gone to other areas of the company. Now their TV business is failing, their mobile phone business is underperforming, they sold their laptop division and they also sold their original headquarters.

Sony outcompeted Nintendo in the home console video game market and were subsequently outcompeted by Samsung and Apple in the consumer electronics market.

Adjusted for inflation Sony's revenue in 1994, when the first playstation launched, was greater than its revenue in 2014.

Is Playstation the sole factor to blame for Sony's collapse? No definitely not. However, I do believe it may have been a distraction that Sony could have done without.

Playstation is probably what saved Sony during their collapse the last few years. Sony used to be the gold standard for consumer electronics - but think of what happened to their businesses

CD / Cassette Players - MP3s happened, Apple eats everyone's lunch.
TVs - Sony starts getting crushed on prices, and Samsung + upstart TV makers launch
Sony Music - MP3s + iTunes + music industry as a whole not able to fully adjust

Odds are the Playstation is solely what kept Sony alive. Had they thrown more resources at consumer electronics - I think they would have just lost more and more. Also, you could easily credit much of the gaming boom to Playstation and Sony getting involved. How many of those Wii customers (or DS customers) were folks who started gaming with Playstation?

It speaks volume on how much of a well-oiled machine Nintendo is that in their first and biggest loss they posted in a year they still lost less money than the best year during the first 4 years of the PS3 by Sony.

To be completely fair, that's also a reason why Nintendo is so profitable.

The reason everyone freaked out about Nintendo going under is because those were the first two years in Nintendo's 100+ year history that they had not been profitable. It was definitely an overreaction; Nintendo is a fairly well oiled machine. They definitely need to work on new IPs, as the nostalgia factor from SNES and earlier will eventually fade, and there is just a general "shiny new toy" feeling from mobile gaming. But it's too early to predict whether mobile gaming will kill console gaming or instead just end up being a gateway to more console gaming.

Plus, Nintendo has the knowledge that their neighbor will happily partner with them if things get really bad.
 
Kutaragi built the SNES sound chip without his bosses permission because he wanted to make videogames better. When it was done and essentially sold to Nintendo, then he convinced his bosses that it was a good idea. This made Sony a "partner" and gave them access to the inner workings of the SNES. Sony was also apparently able to make Sony-branded SNES hardware, like controllers (prototype Sony-branded SNES controllers were seen with the original Play Station), because Nintendo didn't care about hardware, software was where the real money was. And more hardware equals more software. I suspect that the sound chip/partner deal was all the contract that was needed for these events to happen.

Kutaragi apparently talked with Nintendo about a CD drive (which Kutaragi really wanted to make because he wanted to make videogames better), and Nintendo said "That would be nice." Kutaragi went off and made the original Play Station using Sony's money and facilities. When it was done, Kutaragi had built a backdoor into the SNES, and it was better than Nintendo's front door. And Sony was naturally holding the keys to this shiny new back door. Then Nintendo said "Very nice, now hand us those keys" and Sony said "What? These keys are ours. We built this door. You never paid us to do it." Because apparently in Kutaragi's eagerness to get things done, payment and ownership were not really discussed. (And Japanese contracts are written on cocktail napkins, even today, Ben Judd just mentioned in a recent interview that it's a real problem in Japan and he currently makes his living by protecting Japanese companies from entering into unwise, unclear contracts.)

Sony started going around to Nintendo's third parties and saying "Hey, forget about that front door, the real party's going on around back. And the entrance fee is only $10 a head, not $50 like it used to be." This drove Nintendo crazy, because while they didn't care about hardware, they love their software money. They didn't realize that new hardware from a trusted partner could negatively impact their software money in such a way. Nintendo tried to take Sony to court, but the court said "You gave them permission to do this."

Then Nintendo hooked up with Phillips and made their own CD-based backdoor, and made it clear that there was going to be a major fight over the backdoors, and third parties choosing one over the other would have consequences. Sony tried to take Nintendo to court for breach of contract, but the court said "They let you make a backdoor. They never said anything about you being allowed to have the only backdoor."

Sony and Nintendo stared each other down for a year, until Sony blinked and agreed to give Nintendo the keys to the original Play Station. Nintendo agreed in exchange to give Sony a cut of the profits. Then Nintendo decided that Sony and Phillips should work together on merging the two competing SNES CDs into one super-powered SNES CD, and Sony said "That's nonsense, we're leaving."

The combined SNES CD turned into vaporware, an angry Sony made the PlayStation-X all by themselves, and Nintendo rejected CDs with the N64.
 
I was googling around and found this video. I'm sure if its accurate or not. I figure it might be slightly biased since it's on a Nintendo youtube channel but who knows.

https://www.youtube.com/watch?v=ivJlZCjfxfI

Is this how things really went?

I think this is fairly accurate for the most part. The whole CD thing was a crazy ordeal with a lot of backstabbing and companies that were burned in the process.

It should also be noted that Silicon Graphics brought the prototype N64 hardware to Sega of America first before they settled on Nintendo. But Sega of Japan rejected the proposed console because they were already working on the Sega Saturn in Japan. SOA president Tom Kalinske was really impressed with the early hardware prototype and wanted it as Sega's next console. But in the end he told Silicon Graphics to look elsewhere for another partner and SGI aligned with Nintendo on Project reality. I guess it makes sense given that Miyamoto was eying up the prospect of making a 3D Mario game after working on Star Fox on the SNES. The N64 hardware probably looked really appealing to him. I could only imagine this appearing at the most opportune time for NOA as it gave them a fresh starting point for their next generation console.

Another thing is Sega apparently let Sony look at early specs for the Saturn, which gave Sony a good idea at what their competition from Sega would look like. The developers at Sega were unaware at what Sony was developing. This also put Sega into a tailspin with the Saturn and made them revise the hardware only making it more expensive and harder to use than the PS1.



The lesson of all this is: you don't fuck with crazy Ken!

Sony learned this lesson hard with the PS3.
 
Kutaragi built the SNES sound chip without his bosses permission because he wanted to make videogames better. When it was done and essentially sold to Nintendo, then he convinced his bosses that it was a good idea. This made Sony a "partner" and gave them access to the inner workings of the SNES. Sony was also apparently able to make Sony-branded SNES hardware, like controllers (prototype Sony-branded SNES controllers were seen with the original Play Station), because Nintendo didn't care about hardware, software was where the real money was. And more hardware equals more software. I suspect that the sound chip/partner deal was all the contract that was needed for these events to happen.

[...]

Very interesting. Any kind of sources for your story?
 
Instead of taking the shot itself, Nintendo passed the ball to Sony, who was wide open. It bounced off the rim and fell dead to the arena floor at the sound of the buzzer, and to this day Nintendo kicks itself for not going for that game-winning shot.
 
Whatever the case, it's clear that it's a deal Nintendo initially agreed to, then later changed their mind. Any talk of "didn't notice _ language in the contract" is unrealistic.
 
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