They can request you to show your copy as evidence and see the save files/cheak the pins for wear.
if the save file is not equal to he amount of time played aka the place you should be in the game even after restarts, then they continue the prosecution
of course ninty would not try to sue you any way since there is no garentee at the start
Nintendo can request to see the game all they want, but there's no reason you'd have to actually show it them without a court order (at least in the US, anyways). I highly doubt they would go to all that trouble. Plus, showing the cart proves nothing - you could just as easily borrow it from somebody, rent it, etc. Only a small amount of games actually track your play time on the game.
Nollog said:
QUOTE(mysticwaterfall @ Mar 24 2011, 04:47 AM) Since DSi flashcarts spoof games, they'll just show up in the log as whatever game they spoof. Nintendo can't do anything to you for the log saying you played Alex Rider for 500 hours.
All they have to do is check what the kart is spoofing, and see 500 hours alex rider, 400 hours jumping balls game, 600 hours sitting balls game.
(couldn't think of games, but take jumping balls game and sitting balls game to be the next two flashcart's game used to spoof)
A pattern can be proof.
Not very good proof and probably would fail in court, but proof.