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Game_boy said:
Well, as long as Nintendo doesn't get sued (I don't think what twesterm suggested is solid enough grounds for it), I don't think we should care whether parents enforce parental controls or not.

 I don't think they would ever get sued (or at least scared of losing a suit) but they would still catch a lot of negative attention if M rated games become easily available.  It's pretty known that most parents don't bother with the provided parental controls and they would only use that as an argument saying that the controls aren't good enough.