The point isn't that Nintendo is receiving bricks in the mail, it's that media outlets are telling users why people are sending Nintendo bricks in the mail. To get some momentum behind your cause, you have to attract attention. That's what the bricks are for.

Honestly, I think Nintendo's policy was probably a CYA instead of a detailed record of what they are planning to do with your data. If that's the case, they will realize that they look somewhat evil, and reword their legal agreement. That's much more realistic than impeaching Obama.