Ai Ai: They have the right to sue a third party making false claims. If the third party negotiated with Nintendo about an "exclusive" game and Nintendo gave the third party benefits in exchange the third party is not allowed to just ake the game non-exclusive after a few months after having received the benefits, that's breach of contract. Attracting third parties is one thing, letting them exploit you is a wholly different matter. I mean, I heard Capcom is somewhat pissed at the guy who signed the RE 4 exclusivity contract, yet they still make new games for the GC. And what is it worth to attract third parties if they only come to backstab you? What if people got the impression that Nintendo cannot hold onto exclusives by this behaviour?
Let's put it like that: If Square ported FFCC to the PS2 and removed the GBA requirements in the process, Nintendo would be really f#ing pissed. After all, they let Square make GBA games in exchange for an exclusive game, if Square ported the game that would be breach of contract. If Capcom released RE 4 on the PS2 as well, that'd be breach of contract. If Rockstar released GTA on the XBox the same day as on the PS2 that would be breach of contract. I can tell you Microsoft would immediately file a suit and demand damages upwards of two billion dollars.