The point being made here is there are no heroes involved. What TX does certainly falls into the gray zone of legality (or even the illegal zone, depending on how you look at it). The issue at hand is how the people with their "homebrew" like to perpetually pretend they're honest saints with no smear on their own hands. The reality though is the following:
1.) Don't kid yourself, you're doing something that violates the TOS Nintendo set forth.
2.) You're enabling piracy just as much as TX is. Don't kid yourself into thinking just because the game is 30+ years old it's somehow not piracy.
3.) They attempt to take a moral high ground by claiming they're noble for doing X on a console, while TX is evil for doing X(1) on a console (the difference between enabling piracy of an old game VS enabling piracy of a new game).
I'm perpetually irritated by people who seem to have this nonsensical belief that just because they're "emulating" an old game, it's somehow not as evil or sinister as pirating a brand new game.