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The thing is, console gaming seems to be on a sharp decline lately. Even if things look just alright here in America, places like Japan have neglected consoles for years now, and Sony needs to think about all markets with their next product.

Sony has a history of playing follow the leader, and if they deem that their next console would fare better if it was like the Switch, then that's what they will do.

It does seem unfair, and I would bet that Nintendo has copyrighted every aspect of the Switch. I'm not knowledgeable about copyrights, but my personal observations have lead me to believe that they are BS, and a company can always find a way around a copyright.