The District Judge at the time concluded that 'Because of the technology involved, owners of video games are less able to experiment with or change the method of play, absent an electronic accessory such as the Game Genie.' and 'Having paid Nintendo a fair return, the consumer may experiment with the product and create new variations of play, for personal enjoyment, without creating a derivative work.'.
Could that case be used as a legal precedent to fight Take-Two? I am not in any way qualified in Law, but just wondering and trying to help.