Would you want to enter a legal battle with Nintendo? This system is broken in a lot of different ways, one of which is the incredible expense of legal fees even if you’re in such an open-and-shut case as someone clearly using your intellectual property without your consent. The one with deeper pockets wins regardless of what the law says.
They aren’t the owners of most of the games though, did they ask, in writing, all of the rightsholders for the games they made?
Did they ask the artists if it was ok to re-use their work in a ‘new title’? (according to Nintendo, emulation is transformative)
Would you want to enter a legal battle with Nintendo? This system is broken in a lot of different ways, one of which is the incredible expense of legal fees even if you’re in such an open-and-shut case as someone clearly using your intellectual property without your consent. The one with deeper pockets wins regardless of what the law says.