The only recourse Nintendo has right now is that they give the guy a S&D Legal Order. But the time that it takes to file or send it digitally, too much info will be gone through anyway. I can pretty much guarentee you that the copy of X that he is playing is Legit, and was picked up legitimatly.
The article mentions locations in Canada. But I only know for one place here in Canada. And thats because of all the info that hes posting online, perhaps shadows the fact that another place has it. If in fact that any other place even has sold it at all except for one store. I actually know the guy. picked it up myself. just havnt played an hour yet.