I am very suspicious of any article with an uncited source - there are other articles with some developers talking similar numbers, so why is a "High Level Developer" left unnamed?
Nice, well written piece, and for a relatively mainstream paper/site its pretty well balanced.
It isn't intended to be bait, and I apologise if you feel that way.
Contrary to the opinion of some of my fellow writers on the site, I don;t actually hate nintendo - I've had a lot of good times with their games over the years!
That said I feel that economically the Wii U is flagging, and I'm not sure Nintendo has any upcoming games that would really save it.
Legally, this matter would not be covered under an NDA. The source is commenting on publicly available information that has already entered the public domain - unless they mention the specifics of the particular game they're working on - such as if they went "Feature A that we're using for Game A is using part A of the Xbox One's infrastructure and part B of the PS4's infrastructure" it would not be something they can be sued under.
NDAs are not the ...