They have been explicitly told by US courts like twice that they are in the wrong here and they are not in the legal right to "enforce" their "IP" here because an emulator that was produced through explicitly public knowledge, or even testing against the actual system for correctness is explicitly fair game. This was tested multiple times in the 80s and 90s, and https://en.wikipedia.org/wiki/Bleem! was a pretty clear cut case that showed you can literally sell an emulator you have created for a profit and still be in the clear.
Nintendo's "all emulation is illegal" stance is straight up wrong, they know it's wrong, and they should not be allowed to say such a falsehood in an attempt to exert control over something they legally do not have control of. At this point they should be labeled a vexatious litigant and should not be allowed to even file these kind of cases without express approval from a judge.
Nintendo's "all emulation is illegal" stance is straight up wrong, they know it's wrong, and they should not be allowed to say such a falsehood in an attempt to exert control over something they legally do not have control of. At this point they should be labeled a vexatious litigant and should not be allowed to even file these kind of cases without express approval from a judge.