Don’t be fooled. The real issue here is that Nintendo is trying to use this case as a wedge to eventually outlaw or effectively ban all emulation software because they think it somehow massively affects their bottom line, or they want to have a scapegoat for weak profits.
I’ve never once in my life had a Gamecube, for example. I never will. So if I wanted to pirate Gamecube games and play them on my computer, it is literally victimless, and has zero negative affect on Nintendo’s profits. In fact, I might love the games and decide to buy official merch. Same with the Swtich. I haven’t pirated either, but you get the idea.
Even if you can somehow prove how many people pirated a game over the years, that tells you absolutely nothing about lost potential profits, because people that pirate probably never had the money to buy your hardware and games to begin with.
This is all just corporate propaganda.
Nintendo: “Let’s force retro gamers to buy the Switch if they want to play our titles, by pressuring Steam to remove all Nintendo emulators, and by suing Switch emulators into oblivion.”
Also Nintendo: “Why don’t retro gamers want to buy our products anymore?”