Most customers won't know or care, unfortunately. People have been brainwashed into thinking that corporations have a moral right to aggressive litigation to protect their poor, fragile interests almost as if they were David and the indie studios who dare to break their totally fair patent on "having different buttons to confirm and cancel" or whatever were big bad Goliath. And many gamers, especially younger ones, who are Nintendo's core demographic, are notoriously ready to defend their pet corporations tooth and nail against any and all criticism, almost as if they were being personally attacked.
People tend to get the wrong idea from the story of David and Goliath. That story isn't about a small guy defeating a big guy. That's a story about somebody bringing a gun to a knife fight. Slings absolutely kicked ass in the ancient world. Goliath never stood a chance. Besides, David has been fighting goddamned lions before that point. Meanwhile modern experts have determined that Goliath likely suffered from a host of mental and physical disabilities due to his gigantism. Like, the bible describes him as needing to be guided by attendants to the battlefield because he couldn't see right. David had that fight in the bag from the first moment, and anyone who paid attention knew it. Modern audiences misunderstand the story because they don't know what a powerful weapon a sling is.