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I think Wii is going to be harder to come by the closer we get to Christmas. Even though the PS3 has a way lower supply... the initial cost will prevent or steer most people from buying it except of the early adopters or the semi-wealthy who wants to blow $500-600 on a new and high-tech gadget...

Even though Nintendo has a warning before each game, people will still sue them. Chances are it'll be something frivolous like suing McDonald's because their food made you fat. That's just the way of our litigious society. I'm not a lawyer but I think the warning pretty much have them covered.