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Mario & Luigi: Brothership ROM leaked online
(nintendoeverything.com)
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There's tons of illegal things that people do every single day that the law turns a blind eye to because reality is complicated. Piracy of games not being sold by the company anymore is certainly by-the-books illegal, but everyone obviously recognizes that it's an entirely harmless "crime". Like smoking weed in illegal states. Everyone knows it's bullshit, so if you defend locking people up for a few grams of weed you're a bootlicker.
To be clear: I agree that both weed and emulation is a victimless "crime" and shouldn't be prosecuted. However, I don't think corporate lawyers and judges agree with us on this point.
Edit: also, Nintendo usually gets what they want by threatening to go to court without actually doing so. So the actual legality doesn't actually matter too much. Certainly doesn't when it comes to Switch emulators shutting down.
You're right. I just hate corporate bullies.