Nintendo is in an interesting position whereby they are actually selling emulators as a product to this day. Which gives them more of a leg to stand on in these sorts of efforts, regardless of whether or not I personally agree.
I would say the opposite, it gives them less of a leg to stand since they cannot say that there's never any justification for emulation anymore like they said in the past.
I think the point is that the audience might like to know whether confident claims that something is legal or illegal are backed by actual expertise or just vibes, not that things people say on a web forum are legally binding.
There’ve been lawsuits. Anything can happen in court, but emulators are currently about as settled as “legal” as anything. Including commercial ones. Sure, in the US.
Can’t distribute games or other copyrighted software with them, though. Of course that’s still highly likely to get you in trouble. And with the same caveat as anything legal in the US: it’s as legal as your ability to weather a series of failing lawsuits against you.
Nintendo historically took a harder stance than that basically saying that emulation destroys the player experience and even copying your own games isn't legal.
Seems like emulation is only fine if they make money out of it.
my justification is that intellectual property is an absolutely ridiculous concept and my actions are driven by my morals and values and not the frequently ridiculous laws of this country
In the past they said that there's never any justification for emulation and that it ruins the player experience, seems like it depends on how much money they make out of it.
some aspects (not all aspects) of creating (not using) emulators are not illegal by way of copyright laws (but may be illegal by way of other laws such as trademarks, patents, DRM) in the US because of Sony vs Connectix.