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Bamboleo if Nintendo can sue they will
The world works with innovation taking something and working it into something else. The move is a different type of motion controller from the wii mote and nun chuck just and it's different from sixaxis or the balance board or natal.
Nintendo is not the creators of all that is video gaming.
Sony is not the thief or copier of all that is video gaming.
The big answer to your question imitation is not something you can sue over. Copyright infringement is.