It's difficult to know how much of a difference it makes, but I also think it's at least a reason. Given Nintendo is also going after sites like Vimm's Lair, which does not host recent consoles ROMs, it's not the only reason.

[–] Prunebutt@slrpnk.net 6 points 3 weeks ago* (last edited 3 weeks ago) (1 children)

Certainly not. But with Vimm's lair you could argue that it's definetly illegal, while emulation is generally considered legal.

[–] ProgrammingSocks@pawb.social 1 points 3 weeks ago* (last edited 3 weeks ago) (1 children)

There's tons of illegal things that people do every single day that the law turns a blind eye to because reality is complicated. Piracy of games not being sold by the company anymore is certainly by-the-books illegal, but everyone obviously recognizes that it's an entirely harmless "crime". Like smoking weed in illegal states. Everyone knows it's bullshit, so if you defend locking people up for a few grams of weed you're a bootlicker.

[–] Prunebutt@slrpnk.net 1 points 3 weeks ago* (last edited 3 weeks ago)

To be clear: I agree that both weed and emulation is a victimless "crime" and shouldn't be prosecuted. However, I don't think corporate lawyers and judges agree with us on this point.

Edit: also, Nintendo usually gets what they want by threatening to go to court without actually doing so. So the actual legality doesn't actually matter too much. Certainly doesn't when it comes to Switch emulators shutting down.