They never refer to backups as anything more than "unauthorized".
The tools that one would use to make copies are only illegal if they're being used to make copies in a capacity that is not sanctioned by Nintendo. If the laws regarding such copying were phrased in such a way as to say that
all copies of data contained on physical media were illegal, any game developer's game development process
would be illegal.
The reason why they specifically use the word "unauthorized" is because the action of copying/writing data to physical mediums is not the focus of the laws; it's whether or not said data has been
authorized to be copied or written.
A romhack meant to be nigh impossible for normal human hands to play, and bears very little resemblance to the original game anymore. Please, watch it and explain to me how this spoils The Whole Game for viewers.
I don't have to, because a romhack is an unauthorized modification of code that is owned by Nintendo, and as such is by nature illegal? Nintendo can take down every video of every romhack ever, TAS or not, and there'd be nothing anybody could do about it.
But as long as I'm here, your problem here is that you're taking my argument (Nintendo wants to limit the existence of media that demonstrates an unreasonable amount of a game that they own and are presumably trying to sell in a capacity that doesn't include commentary or criticism) and applying it to something that I wasn't talking about (romhacks are not the same thing as the games that they spawned from, nor are they relevant to this discussion).
I should start a drinking game every time Bleck looks like he's starting **** for the sake of starting **** rather then being productive.
I guess the better question is why there are some people who still don't have him on ignore, but hey.
I should start a drinking game where I drink every time some scared little boy talks about putting me on ignore