Well if everyone else is ok with it, then why not just open a rom site with all old games except ones made by or published by Nintendo?
They could even call the rom site What Nintendont Roms.
That is probably what will happen now. While several ROM sites have closed today after this news broke, I suspect they are only temporarily offline while they remove any Nintendo published games from their site. Hopefully they don't take as drastic of measures as removing all NES/SNES/N64 games though, as that would cause the loss a great many games published by 3rd parties on those platforms.