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Based on my knowledge of advertising they've done nothing wrong because the only time you ever saw a movement replicated ingame was when the child stood up. The finger wiggling was simply that, finger wiggling, there was no response from the game it was only implied that there would be. However, the implication IS there, I'm pretty sure if enough people complained it would probably be removed but thats mainly because of how ridiculously PC everything is nowadays as opposed to any advertising fault. 

I do love how big everyone's living room has become thanks to the Wii and Kinect adverts though, mine feels smaller everyday. 



Hell hath no fury like a woman scorned for Sega. - Jason Lee, Mallrats.

http://theaveragejoe.sportsblognet.com/ - Mainly American Football, snippets of Basketball, European Football and Hockey.