Game Maker doesn't make DS games. What he probably did was make a prototype and designed the game playable in Game Maker. The next step would be to port it over.
I don't see how he could meet the conditions Nintendo set forth. He needs to have published games already associated to his name. Essentialy proof of qaulity and that he can finish the product. He spent 5 years on this game only shows that he doesn't have other games out there. I'll go search for myself on his webpage if he has other published games.
edit: it is actually a DS game. Ok instead of BOB being really stupid with a protest. Bob needs to make some webgames to prove that his company is worth having as a liscencee.
Squilliam: On Vgcharts its a commonly accepted practice to twist the bounds of plausibility in order to support your argument or agenda so I think its pretty cool that this gives me the precedent to say whatever I damn well please.
