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This link is not directly related to DS's however, it does address the same flaw. Palm had released a flip lid phone which would break just as the DS's did, a lawsuit insude and they lost. This may set a presidence for Nintendo? If they were to give anyone grief about fixing the unit at no cost. read on...
http://www.treocentral.com/content/Stories/882-1.htm
http://www.treocentral.com/content/Stories/882-1.htm