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I don't know all the details but you can only have backups of software that you own. Buying a piece of software is essentially a license for the game to be played in your home. So no, if you own the Switch game it is technically illegal to play backups on cemu because cemu is a Wii U emulator, not Switch. But I may be wrong. I own the Wii U software so technically it's legal to own a backup and play on an emulator.