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shikamaru317 said:

I don't think that is winnable, I seem to recall Sony previously suing an emulator maker and losing, with the court deciding emulators are fair use. Considering the judge has that precedent to call-in, I just don't see Nintendo winning. They'd be better off suing the sites that host Switch game files to use on said emulators, without first verifying that the user owns a copy of the Switch game.

It's going to depend on how new features in the Switch work.  They would have known about prior legal reviews in the past.

It could be as simple as "Yazu is knowingly infringing the following patents...", which would be pretty hard to defend as to emulate the Switch you have to copy the features, and *probably* implement features that require patent licenses.  

Patents expire after 20 years, but until then you are talking about an unlicensed clone...  They probably screwed up legally by taking financial donations.