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There's a difference between genuinely wanting preservation (which is good, I cannot play Virtual Boy games sur as Wario Land without paying too much money from second hand) and doing unambiguous piracy.Listen, I don't like Nintendo's practices as a company. They're a company of blunders since the Famicom days, and while I obviously enjoy their games, they're backwards in almost every other aspect.
And I'm a big Emulation advocate. I'm not against a Switch emulator. I approve of the concept, actually. But making an emulator for a CURRENT gen console is suicide. It happened with PSX and Bleem, and I think it happened to an early 64 emulator. And then came all the clout chasing "forks". The fact that we lost Citra when it was finally getting decent is a massive shame.
At least old console emulators could still claim they're for homebrewing (which is sometimes true) to let some ambiguity about their primary use (since you cannot really afford to claim that you could run games that are still sold in stores) so this is why Nintendo hasn't shut down Dolphin despite being the most proficient Nintendo console emulator that had a bigger popularity thanks to the fact you could run mods such as Project M/Project Plus.
This is also why for safety the PlayStation emulators are requiring a Bios file (you could extract from your own console via a tutorial) to even be able to run the games.
It should be common knowledge that you're supposed to extract the game files from your own cartridges or CDs and not getting them online even if you own those games to be legit.
They really has fumbled hard by showing unreleased games and made some builds locked behind a paywall.
In the end of the day I'm all for preservation but I think that for something to be preserved there should be a "buffering time".