1. "Wall of Shame"
- If people want to sell the exploits they find with their hard work to Nintendo to get paid for it, good for them, there's nothing in the world wrong with that.
- If they want to release it to the public instead, good for them, maybe they can claim bounties or get donations for their work, there's nothing in the world wrong with that either.
2. "Piracy makes developers not want to develop for a console."
- As a developer, you'd need to make money and piracy does take a dip out of that, there is no denying this, it's ridiculous trying to deny this.
- PSP, 3DS, PC, any Android device, IOS, are good examples of devices or operating systems in which piracy is extremely easily accessible, but there seems to be higher than average indy developers creating or having created games for this since piracy was available. The easiest devices to pirate on would be PC and Android, literally as easy as googling what you're looking for, downloading, and installing, but they have more indy games, and games in general, than any other device in history, and, on Android and PC, these games bring more money to their developers than any other device in history. There's no denying that piracy won't push away most developers, it's ridiculous trying to deny this.
3. "Homebrew is just a path to piracy."
- Yeah, homebrew is a path to piracy. Once you can run unsigned code that takes full advantage of the hardware, this directly results in developers making ways to pirate games, and there always will be people who either can't afford games so result to piracy, which takes no money from developers, and people who simply choose to pirate games whether they can afford them or not, which takes a potentially significant amount of money from developers.
- Homebrew would easily open more doors for consoles to gain popularity. Many would love an X1 tablet, at $300, that I can use as a full multimedia device playing YouTube, Netflix, and more, which the Nintendo Switch is fully capable of being. There's nothing wrong with wanting more out of a device that is capable of more, and homebrew undeniably leads to more console sales. Case: 3DS banwaves definitely lead to many many 3DS sales.
4. "Playing ROMs on emulators is piracy."
- Lots of people run emulators and just download games they don't own from the internet and play them, this is a perfect and direct example of emulation piracy. Denying this would be ridiculous, and homebrew would enable tons of people to do this. Nintendo also states that they consider this piracy even if you own the game, even if you dump it yourself.
- Nintendo does not make the law. I do not know the law in every country, but in the United States, you can legally run emulators. You can legally download backups of software you already own, even if it's modified to bypass DRM. However, you cannot legally distribute backups of any software, and you can face heavy penalties if you modify software to bypass DRM with the intention of distributing it, however if you bypass DRM for personal use, precedent cases indicate there's no problem with that. This allows you to download copies of ROMs that you already own, but puts fault on sites that I don't think I can name that distribute them.
5. "It's my console, I should be able to do what I want with it."
- When you agree to TOS that Nintendo supplies, they reserve the right to remove your ability to access services that they provide if you break the TOS. This does not make breaking the TOS illegal, but in bird culture, they call breaking TOS "a dick move." Nintendo also has every right to implement DRM, and/or try to prevent modification of the devices they create as long as it doesn't inhibit the device from functioning as expected. This protects the end user and prevents many a brick. Nintendo also gets to define "as expected." Also they can void the software side of your warranty, but not hardware for running unsigned code.
- Legally in the US, yes you do own your console, and it is actually illegal in some cases to try to block you from making changes to your devices, however the illegality only applies to devices that communicate using a certain frequency (most phones) and has never, to my knowledge, been enforced. However, there are laws that protect you in the event that you modify your device to, say, run CFW, or a different operating system. This does prevent a device from reaching it's full potential.
6. Let me know if I missed anything, I'll edit as needed.