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Epic explains why it hasn't sued Nintendo, Sony and Microsoft over 30% fee
(www.gamesindustry.biz)
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I mean don't get me wrong, it's absurd how locked down their stuff is, but I'm not aware of prison time for opening up consoles yet. You can get sued, like Sony vs Hotz, and get ordered to pay some outrageous restitution, but that road ends in bankruptcy, not prison. Still complete bullshit that they can bankrupt a person, but there's no prison....yet.
I mean... Gary Bowser got three years and millions of dollars in fines for running the website of a modchip company.