Don't want to be 'that guy,' but when even forum goers and gaming journalists have troubles deciding just what generation the Wii U falls in- hell, even developers are making statements all over the place- then how could Bioware exploit any such potential loophole to put Mass Effect on Wii U? I think that if such a loophole exists, it will be used to put ME1 on a system that is more clearly defined as 'next gen' (which might even be the Wii U once it becomes clear that the next generation of machines will be largely underpowered).
I think that the way these contracts are made the next gen machines would be categorized with release dates rather than the power of the said machines. Or you know just write there that they won't release Mass Effect 1 for Wii (yes I know) or PS3.