Eh, if the law allows it then there's not much that can be done about it. How they defend their IP is up to them. If you really want to pirate software there's still and will always be other ways to do it. Besides, the only ones really talking about game preservation are hard core nerds like us.
I will agree, it's weird how Nintendo approaches the availability of their legacy software but I'm not going to lose sleep at night because I can't play the NES Fire Emblem on a modern console. That's very low on my priority list. Couldn't be me man. I know games can hold sentimental value and the prospect of playing them on modern hardware can provide joy for a lot of people but like I said, there's ways to do so without Nintendo's approval.
If I was younger and didn't have much responsibility I'd be fuming about this on twitter but it's barely a blip on my mental radar these days.