Gamer.nl contradicted the statements, claiming the game was provided to them directly by Atari. What's more, they claim that Atari says they only let “high scoring” reviews release before embargo. If that is true, it's pretty shoddy business – only allowing positive reviews to surface and threatening with lawsuits over negative ones. Interestingly, Gamer.nl isn't the only reviewer that Atari has demanded to have reviews pulled from – Gamer.no and GameReactor were also served with takedown notices for their reviews, claiming they must have been using pirated copies as well. One of the sites in question claims their copy was actually purchased at retail.
Whether or not the reviewed copies of the people being sued were pirated, it seems as if Atari is only interested in suing those who portray their games in a bad light. I hope this does not become a trend.