Sooo, with the pictures from instagram as well as the imgur one that has two images, im pretty sure the next week is gonna be exploding with pictures. THE QUESTION is, that since people ARE posting pictures pre-release, does nintendo have a legal claim in sue'ing them? or because stores ignored the streetdate and released some of them do the people who do post them have leeway?
Nintendo can not sue a customer for buying a product early.
If they discover from which store they purchased, they can make claims of damage on reputation/etc. and sue said retail chain.
The only thing they can sue a person who has the game early for is if they send them a C&D letter over copyright material and tell them to remove their photos/accounts. If they don't then they can take them to court.
Only insecure and ignorant people try to debase someone online based on their username.