I've been seeing that a lot of people are complaining that Nintendo doesn't see the full AU $100 from a game. While true, it may also be that Nintendo is suing on behalf of themselves and their partners. (In this case, retailers.) Should this be so, then the retail price is what has to be used, and truthfully, I think him getting off with 30% isn't bad. We all know (including Nintendo) that one download does not equal one lost sale. But the sheer volume of downloads does result in said loss of sales, though again, not on a 1-to-1 basis.
Sorry, but I have no sympathy for criminals. If you do the crime, you better be prepared to do the time, whether it's behind bars or working for someone else. There is a chance, as some have mentioned, of this being an "example" case, and an external settlement for just legal fees or such was reached privately, but this, of course, we don't know.
-dunno001
-On a quest for the truly perfect game; I don't think it exists...
