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4 points

If they would do that it would be very useful in court.

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4 points

It’s not illegal for Nintendo to run retroarch.

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7 points

Its not illegal for anyone else either, but them running such software for profit might be a licensing issue depending on the exact version they use.

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1 point
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RetroArch and most of its cores are under the GPL or MIT, which allow commercial use.

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