Some WiiWare devs were not being paid.

[peanut1972]

Sqrl said:

noname2200 said:

peanut1972 said:
Wow. Nintendo gets paid, and does not pass it along. I see a law suit coming out of this.

I'm not sure if you're being serious here (I suspect not. However...), but since it's almost certainly spelled out in the contract any lawsuit would get dismissed by summary judgment minutes after going before the judge.

 

QFT

This is as stated in the article, a deterrent to developers pushing a ton of crap onto the service.  We are talking about ~5,000 units they have to sell in order to break past this threshold...for a download service fed to some 25 million people (iir the numbers right) being required to get 5,000 sales is not a high hurdle and should not frighten or scare away any legitimate offering.  If you can't make your game appealing enough to 2% of 1% of the available market then you honestly should not be making games.  More importantly you agreed under contract to the stipulation so you legally don't deserve to get paid either.

I can easily see certain judges declaring the contract uncostitutional.