It's still pretty cut and dry yes, because I wouldn't have any proof that their new game, that's clearly inspired by my own, was made using a modified engine. Are we going to just say that any games that play extremely similar to other games must be made using those games as a base? Like Golden Axe Warrior versus Zelda 1, or Robopon versus Pokemon?
This is boiling down to the burden of proof. It will fall on Nintendo to present the decisive proof, that yes, they have indeed actually copied their engine and just tweaked it slightly for their new project, because Nintendo would be the one accusing them of such a thing. Otherwise, the courts will just send them home empty handed, because it'll just be a stalemate forever, with the PM guys like "We didn't use it as a base..." and Nintendo like "But you USED TO work with our base!".
,
This is boiling down to the burden of proof. It will fall on Nintendo to present the decisive proof, that yes, they have indeed actually copied their engine and just tweaked it slightly for their new project, because Nintendo would be the one accusing them of such a thing. Otherwise, the courts will just send them home empty handed, because it'll just be a stalemate forever, with the PM guys like "We didn't use it as a base..." and Nintendo like "But you USED TO work with our base!".
,