I can't believe how silly this argument is ...
No company is dumb enough to choose a proprietary format which is so drastically different from existing formats that it requires independent research to see cost reductions at the same pace as an existing format. With that said, there is nothing that Sony (or the Blu-Ray consortium) can do to prevent Nintendo from taking “unlicensed Blu-Ray drives” from Panasonic, and having them play “unlicensed Blu-Ray discs” that have a slight variation (to prevent them from being read in a licensed Blu-Ray drive), as long as Nintendo doesn’t sell it as a Blu-Ray player.
These consortiums are, and always have been, paper-tigers which are (primarily) focused on covering the licensing costs of the underlying technology; and even the founding members of these consortiums do not (generally speaking) make much money from being in the consortium, and have very little power to prevent companies from licensing the format from them. The main reason companies (like Sony) try so hard to "control" a format is because they can ensure that their technology is chosen by the consortium and that they can generate revenue from every player manufactured and every disc sold; and (typically) this isn't that much money and is split up across dozens of contributors.
