But anyhow, that's not the real story here.
So now you have an issue if you are the big guy: Deal with the bad PR, or deal with the little guy. "Ignore him" is no longer an issue. Ignoring will let you filter out those unable to figure out a unique angle, but the rest become problematic.
And the thing is with little indie guys is that people WANT them to win. One could imagine this case ending with Nintendo saying "we looked at his game and it's CRAP!", to which the Intertubes would reply "shouldn't that be for us to decide? Give him his damn dev kit!".
Now whether fans beyond the hardcore ever speak with their purchasing dollars (i.e. "I'm refusing to buy a DS because they won't help indies like Bob") is another matter, but the possibility is there, and worth thinking about.It's like the Kryptonite problem of publishing. Fun.