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slowmo said:
You can only sue if it breaches your copyright. Pretty sure Nintendo didnt patent a system wide achievement system. Microsoft should have though.

Copyright =/= Patent

A copyright is a claim of ownership to a work of art, such as a document, book, painting, photo, music, lyrics, recorded performance, script, drawing, or film.  You cannot patent art.

A patent is a claim of ownership of a unique idea or scientific discovery.