The Electronic Frontier Foundation (EFF) has an interesting report on how Nintendo's end-user license agreement (EULA) for the Wii U is an "agree or else" kind of agreement.

Wii U ain't doing so hot.  Two years out and its sold less than seven million units worldwide (as of June 30).  Many said, "Wait until Mario comes out!  No, not New Super Mario Bros. U, a real 3D Mario game!"

Super Mario 3D World came out last year, sold over two million units (New Super Mario Bros. U sold over four million) and Wii U sold about two million units that holiday.  Not great but not bad.  Unfortunately, there was no sales momentum and the Wii U only sold about 300k in the next quarter.

Ubisoft is backpedaling a bit after saying that it locked in the resolution of the PS4 version of Assassin's Creed Unity at 900p to match the Xbox One version. As reported on by GameSpot, Vincent Pontbriand, a senior producer at Ubisoft Montreal, said that the Unity development team "decided to lock them [the game] at the same specs to avoid all the debates and stuff."

Nintendo made a few Super Smash Bros.-related announcements this morning including the fact that the Nintendo 3DS version of the game has sold more than 2.8 million units worldwide - mostly attributed to sales of the game in North America, Europe, and Australia. Super Smash Bros. for Nintendo 3DS launched on Sept. 13 in Japan, Oct. 3 in the North America and Europe, and Oct. 4 in Australia.

A new report from research firm GfK indicates that, while videogame systems are still the most common hardware used for watching Netflix on a TV screen , they are being used much less than they were three years ago. The report, "Over-the-Top TV 2014," also indicated a growing number of US households are relying more and more on dedicated set-top/plug-in devices to watch Netflix on a TV set.

At this point, our friend Andrew Eisen must be looking forward to a game not being on the Wii U so he can add it to his list. What I mean is that once he went past 50 he probably became resigned to the fact that publishers just don't seem to think very highly of Nintendo's capable little home console.

So we thought we should share this video Andrew made celebrating (?) the 150th game that will not be released on the Wii U. Join in on the fun by hitting up his YouTube channel and leaving a comment!

Despite some early rumors making claims that it was happening, Monster Hunter 4 is not coming to the Wii U, according to a VG247 report.

"It's a misprint," said Capcom community rep. Yuri Arauj. "We’re working on a proper message to diffuse this, so we should have something more public and official out soon."

Do you like Batman?  Do like LEGO games?  Do you like DLC?

Well, Warner Bros. has you covered.  Yesterday, it announced 6 DLC packs for this fall's LEGO Batman 3: Beyond Gotham.  Each pack includes a brand new mission level (Story Mode and Free Play), new characters, new vehicles and new achievements.

The first three packs, the Dark Knight Pack, Batman 75th Anniversary Pack, and the Man of Steel Pack, will be available Nov. 11th and cost £2.55 each (about $4).

A new report from Re/code featuring data from a recent Nielsen study seems to indicate that console brand loyalty isn't all it's cracked up to be...

According to the Nielsen study, 31 percent of PlayStation 4 owners already owned an Xbox 360 or Wii, but not a PlayStation 3. Around 17 percent didn't have any of the last generation consoles.

Wii U owners can download Disney Infinity for free via the Nintendo eShop. Of course you'll still have to buy at least one Infinity figure and the game base that reads those figures into the game, at retail. The downloadable version of Disney Infinity for Wii U on the Nintendo eShop features the full game, multiplayer support, and Toy Box level design tools that work with the Wii U GamePad.

If you were wondering why the releases of Super Smash Bros. for Nintendo 3DS and Wii U are staggered, the answer is the debugging process. According to series creator Masahiro Sakurai, who recently wrote about the games in his Famitsu Weekly column (as translated by Kotaku East), the debugging process for both games is very time consuming. Sakurai is currently debugging the 3DS version of the game, which is set to be released first.

In a not-so-shocking turn of events today, developer Sledgehammer Games revealed that Call Of Duty: Advanced Warfare will not be coming to the Wii U. According to a tweet from Sledgehammer Games co-founder Michael Condrey, the decision not to release the game on Nintendo's console was not his or his company's, but Activision's.

"No, no WiiU," he said in response to a question about bringing the game to Wii U. "That was an Activision decision. We are focused on XboxOne, PS4, and PC."

Watch Dogs will be the only mature rated title from Ubisoft coming to the Wii U this year. Why? Because, according to Ubisoft, Wii U users don't buy mature rated games. In fact, Ubisoft CEO Yves Guillemot tells Game Informer that Watch Dogs will most likely be the last mature game published for the Wii U. Ubisoft is pointing to poor sales of Assassin's Creed games on Wii U as the main reason for this decision.

Our favorite photogenic contributor Andrew Eisen offers a new video delving into Nintendo's most recent financial results. Not only is it a lot of fun to watch, you might learn a thing or two about where Nintendo is and where it expects to be by the end of its current Fiscal Year.

There's also some talk about the next Fatal Frame game, and the Wii U version of Watch Dogs, and Andrew highlights the fact that America is Nintendo's top market. See, Nintendo, America still loves you!

While the last three months have shown marked improvement for Nintendo console and software sales, the maker of Wii U, 3DS, and all things Mario still found itself struggling. Nintendo reported that it raked in 74.7 billion yen ($731.5 million) for the three month period that ended on June 30, 2014, down by approximately 8.4 percent compared to the same period a year ago. The company also recorded a loss of 9.9 billion yen ($96.9 million), compared to profits of 8.6 billion yen ($84.2 million) in the same period a year ago.

If there is one thing I have learned over the last few years working with Andrew Eisen, it is that he can be a bit of a smart a$$. If you need proof of that just watch his latest video, "My Wii U Is Collecting Dust ." And if that doesn't prove my point, then just watch this classic Andrew Eisen video, "The Man Your Games Could Sell To."

Nintendo's performance at the Electronic Entertainment Expo in June boosted purchasing plans for Wii U by 50 percent, according to a new report. A survey carried out by IHS on behalf of the Gamer Network polled 1,000 "core" gamers about their purchasing intentions for various consoles and games before and after the annual trade show in Los Angeles.

This should come as a shock to absolutely no one: Ubisoft's action/hacking game, Watch Dogs was the best selling game in North America for the month of June, according to data released by NPD Group this week. The open-world action game managed to beat out Mario Kart 8 and Minecraft on PS3 and Xbox 360. UFC came in third, with FIFA 14 placing a respectable fifth on the charts.

During yesterday's annual shareholder meeting, Nintendo re-elected president Satoru Iwata to the board of directors. Iwata was not at the meeting - he's still recovering from a major surgery. The proposal to re-elect Iwata and nine other executives was approved without any opposition (PDF).

Nintendo UK says that it will appeal a decision by a UK High Court judge who ruled last week that the Wii and Wii U violate several patents held by Philips. High Court judge Colin Birss said Nintendo infringed two Philips patents in a ruling last week related to the sensor and camera used in the Wii and Wii U. The judge said that Nintendo did not violate a third patent related to modeling a body in a virtual environment.

Nintendo issued the following statement on the matter:

Forget about retail sales - which current console from Microsoft, Sony, or Nintendo is the most popular on social media state-by-state? According to real estate blog Movoto, Microsoft's Xbox One is the most popular based on data culled from Facebook "likes" by state.

Around 22 states had a larger fan count for the Xbox One, compared to the PS4’s 19 states. Not one state went for the Wii U.

The High Court of the United Kingdom has ruled that Nintendo's Wii console system infringes on two of Philips' patents, Bloomberg reports. Judge Colin Birss said Nintendo infringed two Philips patents in a ruling today related to the sensor and camera used in the Wii. The judge said that Nintendo did not violate a third patent related to modeling a body in a virtual environment.

Nintendo has made four student games available for free on Wii U eShop in Japan. All of the games were built by teams of students in Tokyo and Osaka, Japan.

Nintendo of America president Reggie Fils-Aime said lots of interesting things while he was at E3 last week. Adding to his comment that watching people playing games isn't exciting (millions of people do it every day on Twitch and YouTube), Fils-Aime told the Seattle Times that the Wii U is currently second place in console war, right behind Sony's PS4 and right ahead of Microsoft's Xbox One.

Sony claims that nearly a third of current PlayStation 4 owners owned a Wii or an Xbox 360. Around 31 percent of consumers who bought a PlayStation 4 had an Xbox 360 or Wii but not a PS3 in the last hardware generation, PlayStation's American VP of marketing John Koller told Kotaku in an interview conducted at E3.

The data Koller was citing comes from a new research study - the origins of which are not revealed. Koller also said that as nearly 17 percent of people who have bought a PS4 didn't own a console at all in the previous generation.

Nintendo of America president Reggie Fils-Aime attempted to address concerns that there has been a real lack of third-party titles for the Wii U announced so far this week, but didn't actually mention any third-party titles. During Nintendo's E3 Direct feed yesterday Nintendo didn't highlight one company outside of its own brand that is developing a game for the Wii U or even the 3DS.

Here's a pretty rare occurrence: a game that is not only on the Wii U in the first place but also "only on Wii U." A game being a Wii U exclusive and not a first party title is rarer than catching Bigfoot ordering 12 Big Macs at the McDonald's drive-thru.

Nintendo announced that a bundle featuring the GameCube controller adapter is coming this holiday season. The Super Smash Bros. for Wii U controller bundle contains a Nintendo GameCube controller and adapter for Wii U. It will be available this holiday season for a recommended price of $99.99, the company revealed during its E3 2014 Digital Event.

The Wii U adapter allows four original Nintendo GameCube or WaveBird controllers to be hooked up to the Wii U for use with Super Smash Bros. for Wii U. The adapter connects to the Wii U USB port.

Nintendo's Digital E3 Event opened with Nintendo of America president Reggie Fils-Aime facing off against Nintendo president Satoru Iwata in a fight to promote Super Smash Bros. on the Wii U. The fight then transitioned into a fight in Super Smash Bros. using Miis of both Nintendo executives, but the tide of battle changes when Satoru uses a Mario action figure that brings Mario into the match for a two-on-one fight against Reggie.

Andrew Eisen's latest video offers ten far-out predictions about what Nintendo will announce at its E3-releated Nintendo Direct press event today at 9 AM PT. We won't spoil the video for you, but most of these predictions are way over the top and possibly the bi-product of Andrew's sometimes over-active imagination and a lack of sleep. You can watch the video to your left.

Here's a crazy prediction from us. Nintendo will finally announce that a proper sequel to the SNES version of Earthbound will be coming to Wii U and 3DS in November.