

I’m not sure they can in this instance. The reason they could sue the Switch emulator team was because they were using a proprietary encryption key.
I don’t think the NES had that, and as long as you own the game, emulation is legal.
Also, this might be considered transformative use since the devs have to create the 3D profile by hand.
That’s not the lawsuit that’s being discussed. It’s the Yuzu Switch emulator lawsuit.