By your response it's apparent you didn't understand his reasoning. He made a legal argument. He essentially nullified your entire reasoning on the subject.
As previously stated, intent matters when it comes to prosecutorial action and success.
Whether a prosecutor decides to charge you or not, does not make what you did any less illegal. You are trying to defend open source software violating copyrights, while shitting on TX for doing the same. Atmosphere is 100% illegal, end of story. Whether Nintendo will ever decide to sue them is a different matter.