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"i took 62 percent for PLAYING NEUTRAL!!!!"
was actually just floating directly above steve and fighting ghosts
If its a discontinued system than whatever. Heck, I would even say that games being available on something like a Virtual Console wouldn't make emulating them a big deal.
But if it's a game for a system that has not been discontinued for a while than Nintendo 100% in their right to crack down on it. Besides. Nintendo is not a monolith. Whether or not the company is scummy is an opinionated matter in the first place but even if you think parts like those who crack down on piracy are scummy, those parts don't represent the entirety of Nintendo.