XCI's are illegal, NSP's aren't. That simple.
Er no. Please stop misinformation thank you.
If you download XCI or NSP from the internet then they are both illegal.
Homebrew packaged into XCI or NSP have the same effect.
Various devs tried to work around that by including a trademarked logo in there but that was smacked down for much the same reason.
That was pre DMCA, so things are slightly different. Also those cases are about creating an individual product, like making a physical switch cartridge. If you ended up in court for making your own game and selling it, then they may find that you are allowed to violate the DMCA.
Something that allows you to load games from disk and pretend to be a cartridge however would be on shaky ground. That would be like selling a 90's style cartridge copier and trying to pretend it was for game developers and people who wanted to backup their games to make them less convenient (like the ones that required multiple floppy disks)
It is, Retroarch is also legal if u have the game cartridges
Depends on the country, in the UK we have no legal right to backup anything. There is no exemption in law even for backing up your CD collection to your iphone. The legal system however seems to be able to control itself and act reasonably, rather than trying to prosecute everyone.
I believe in the US you have the right to backup your own cartridge, but if you download an illegal one from the internet then it doesn't matter if you own one yourself & it's still illegal. Not that it matters of course, they don't seem to visit peoples houses to check & it's a civil case and as there is no loss there is no point in taking the case to court.
an XCI is always illegal while an NSP is only when a game is packed as an NSP but an NSP by itself ain't illegal while an XCI always will be
You can keep repeating it, doesn't make it true. Copyright law in most countries doesn't protect anything unless it has artistic merit, it certainly can't be relied upon for headers.