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JWeinCom said:

I would not consider this a threat. I'm not entirely sure what the point is, but I'm guessing that Nintendo is being referred to as fascists. Comparing them specifically to fascists from pre-war Japan is kind of racist as it implies Nintendo's alleged fascism is related to their Japaneseness. If we wanted to assume the worst of intentions, we can say the implication is that they should be destroyed, but I would hesitate to say that this implies physical destruction.

Even taking things as far as they can go, this doesn't reach the level of a threat. Even saying "I wish someone would blow up Nintendo HQ", while reprehensible in its own right, would fall short of a threat. A threat kind of has to be something that is intended to make someone feel fear. I think the post was in poor taste. Both in its implication that Nintendo are fascists and Nazis, and as making light of fascism in this manner (by comparing it to not giving someone a review code) kind of and disrespects the victims of these regimes, who obviously suffered far worse things.

But death threat? I'm not seeing it. I don't think anyone at Nintendo is feeling particularly threatened at the moment, and I don't think the poster expected they would. 

Either way, it's really classless on Kotaku's part. At least so far they haven't acted on any threat.