I don’t think taking money for making an emulator is the problem per se, and it’s unlikely it had anything to do with why Nintendo took action against them. It’s… everything else you mention. The brazen, unquestionable, open piracy, and the publicity of being able to play a game that hadn’t even been released as you say. And the DMCA in the US makes switch emulation itself a more viable legal target, because in this form it circumvents Nintendo’s encryption like the article you link points out. You can sell an NES emulator, no problem.
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I don’t think taking money for making an emulator is the problem per se, and it’s unlikely it had anything to do with why Nintendo took action against them. It’s… everything else. The brazen, unquestionable, open piracy, and the publicity of being able to play a game that hadn’t even been released as you say. And the DMCA in the US makes switch emulation itself a more viable legal target, because in this form it circumvents Nintendo’s encryption like the article you link points out. You can sell an NES emulator, no problem.
I don’t think taking money for making an emulator is the problem per se, and it’s unlikely it had anything to do with why Nintendo took action against them. It’s… everything else. The brazen, unquestionable, open piracy, and the publicity of being able to play a game that hadn’t even been released as you say. And the DMCA in the US makes switch emulation itself a more viable legal target, because in this form it circumvents Nintendo’s encryption like the article you link points out.