My reading is this: Nintendo is paying a lawyer firm that, unfortunately for Nintendo, can't do all the things Nintendo dream (ie: physically slap in the face whoever is NOT actively give them money) because they loss most cases, and when they lose a case... that's a precedent.
However, the lawyer firm is taking money from Nintendo, and they would like to keep doing so; unfortunately for them "doing nothing" is not a good call to keep the Nintendo money flow in their pocket.
So, they figured this out:
Point A: Microsoft want to be friend with Nintendo (Nintendo publish few games on Google's Android and MS hope Nintendo will consider MS's stores too).
Point B: Microsoft own Github, and Github has to please whosoever Microsoft wants pleased)
Point C: lawyer send letter to MS-github: "we represent Nintendo, and Nintendo would be pleased if you do this unlawful thing and you show off your shitty EULA against these poor bugger like it was actual law". MS-Github obbey hoping some Mario's money will come in MS-store later or extremely later (which is "sooner or late", but for very desperate simp)
Point D: lawyer present Nintendo their "doing" as it was actual lawyer job to ignorant morons; being as such, Nintendo pays.
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