They should write their own bloody emulator from scratch then. don't want them leeching off others' work.
Should they? I for one think if Nintendo used Dolphin as a basis for a GameCube or Wii emulator it would be nothing but good for both Nintendo fans and Dolphin. Why? Because “leeching” off it would be illegal!
Okay, so you can play games that are Nintendo property with Dolphin, right? And it’s one of the most highly developed emulators
ever, so it’d be an understatement to suggest that there is any related emulator even remotely close in compatibility. However, what about Dolphin — that’s code, too, and that code is copyrighted simply by nature of being written in countries that follow international copyright standards.
Dolphin being released as open source means that legally Nintendo
can “lift” lots of code from it and just stuff it into their own system, but in order to do so legally they either need to comply with the GPLv2 license, which (to oversimplify) would require them to publicly provide any changes to source code, build environments, and so on.
The exception to this, of course, would be negotiating a different license with the Dolphin team, which would most certainly require royalty dues to Dolphin.
Nintendo does use quite a few open source projects, and they’re no stranger to complying with open source licenses. (Just poke around in the “about” sections on any recent Nintendo console, you’ll see attributions and links to source code).
Basically, the license Dolphin is provided free of charge under requires that redistribution and modification also include the source code, and the only way around that is negotiating another license.
And to be clear, for a project as large as Dolphin, pursuing a GPL violation by a large game company wouldn’t be as difficult as one may think. This is the sort of case the EFF would help with, and so on.