After watching this article, it is clear I was wrong to judge this program prematurely. However, If I were Libby I'd be going after whomever wrote the press release highly emphasizing the aggressive portions of her report.
The show makes a few half-statistics. For instance, it mentions the recent European lawsuit on unfair practices, but doesn't point out the suit was concerning actions Nintendo had abanndoned years before the lawsuit was filed. However, it makes more than a few fair criticisms of Nintendo's former business practices, and is NOT out to pigeon-hole Nintendo as I had expected. In fact, the only truely off-putting aspect of this show was its generalization of "Nintendo" games to be all games on Nintendo systems, relating Mega Man X to Nintendo multiple times during the seizure section and never mentioning Capcom (well, maybe its logo in VJ footae, but that doesn't count). Libby also seemed unaware that Nintendo does put warning on the outside of its boxes in America (though NOE really should do that too).
I must admit, though, that the argument that avoiding certain patterns for safety is a sticky one. I mean, Nintendo IS right that games just wouldn't be as fun if they were limited in such a way. There example of driving up the staircase in the MKDD's Daisy Cruiser is a perfect one: to fix the potential trigger, Nintendo would have had to axe significant detail in the scenery. As for testing 8-bit games, I'd argue it is borderline unfair to criticize repeating patterns when the NES could do little else.
There are a lot of funny, historical and entertaining moments in this piece of journalism. Do check it out.