Presumably the judge wouldn't want either agreement to be violated, so would go with the third option, which hopefully satisfies both agreements at the same tim

Presumably the judge wouldn't want either agreement to be violated, so would go with the third option, which hopefully satisfies both agreements at the same time; the Nintendo store gets to take down the ported old games from Atari. Then perhaps the contractor gets sued for not providing source code legally suitable for the Wii SDK.