I really don't see the point of this discussion.
First of all, It's based upon the thinking of people with no law experience at all.
If Ninty would start a lawsuit against people downloading stuff from nus, they would likely win it in most countries, as they would have more, better and more expensive lawyers.
Besides that, laws are different in every country. For instance, some countries block access to the pirate bay because it shows links to torrents that point to material that shouldn't be distributed over the net. Why don't they block google? If I google for "windows + activation code" it will also give me links to sites containing stuff that is not allowed.
Apple has a lawsuit running against Samsung because their Tablet works very similar to the Apple tablet. Are we lucky no computer firm ever started a law suit for every other firm that used a keyboard as input device. We would probably still be punching cards if that would have happened. Guess what, the lawsuit worked. The sale of the Samsung tablet was forbidden in some countries increasing the apple tablet sales.
The situation with the nus downloads is more difficult. Even if they win the lawsuit, how will they make money from it?
There isn't much gain for them to start a lawsuit I guess.
My point is, stop wasting time on this useless discussion, and start playing games on your wii.
If you don't have an interesting game, download the devkit and start to learn programming on the wii.
If you don't I might start a lawsuit against everybody posting here for wasting my time.
Just joking, it would be an even bigger waste of time...