what you think are loop holes
No that's what YOU think are 'loop holes'. It's not 'loop holes', it's just one of the rights of a free people. It's how we know that we still live with freedom rather than tyrannical rule of chosen few. Because when they try to impose tyrannical ways upon us and we resist it and fight back, then they back off and let us have our freedom when they recognize oh hey these freedom fighting people aren't as stupid as we thought they were, looks like we'll have to try again in some years to take their rights away again, and we'll be there to fight them again and maintain what we've fought and been fighting and ALWAYS fought so hard for. It's because it's that important to keep our freedoms wherever they are being challenged. Otherwise you might as well just burn the Constitution (they've been trying) and go back to king and queens and stuff because that's always worked out so great /s. I guess if it was up to you corporations (modern day king/queen replacements -> a way they've figured out and come to because there's no clear king to dethrone and say 'OFF WITH IT!' -> it gives them a layer of abstraction between us, a buffer which we have to overflow
) would have all rights and human beings people would have none and we'd have to abide by every shitty thing they want us to arbitrarily (for no good reason except them deciding it) abide by.
Here I'll help you understand why this is the way is:
This basic right was established when people realized hey if I bought this software and the disc gets screwed up or scratched too much, then what I have to rebuy it again? No that's not right. So despite the copyrighters being against it even they had to agree that yes it is a valid use case.
I'll give you an example: Way back when I loved the GTA games on the PS2 to death! and I played the hell out of them too, but one day my vice city disk was too scratched to play properly anymore I was frustrated by that. Of course I had heard of modchips and I said the hell with it, I ordered one (compatible with my system) and had a local soldering guy install it for me (the ps2 mod installation is a notoriously difficult job even for experienced people). Hold power button for a few seconds for ps1 backups or just tap it normally for ps2 backups or regular games of either kind. I rebought the game for the last time ever I vowed, and ripped the isos to my hard drive of my most played games (mainly the gtas) and kept the original games in their cases pristine and fresh never to be touched. Whenever a disc would get too wrecked to play anymore, I'd just burn a fresh copy from my hard drive, never needing to touch the original disc anymore just keeping it safe. Instead of having to rebuy the game, the cost of discs was a lot less expensive. So that allowed me to play out those games to their entirety until I was sick of them lol. Otherwise I just wouldn't have rebought them again after they got wrecked, and wouldn't of had all the fun I did!
So there's a real world example of proof that this right has value and was even valuable to me!
Now you may try and say well that makes sense for optical media where scratches are practically unavoidable and eventually it'll stop playing properly, but switch cartridges are not discs like that and so it doesn't apply. Ah not so fast, yes it still does apply first of all as their is no distinction like that made, and further more aren't switch games just flash cards? flash memory only has a limited number of read and write cycles, or if you leave it and don't touch it for too long the bits will not be correct anymore and it'll be corrupted. Same as if you use up the read and write cycles, it'll still think it can write data to it but when you try to retrieve it back it's corrupted or not there anymore.
So after a time the game bits won't even be there or be fully there fully intact anymore on the cartridge. So unless you still have the junk cartridge and a working backup of it, then you won't have the game anymore!
and to: "There is no legal way to backup a switch game so no legal backups don't exist"... Yes there is, there's already a rough backup dumper released and soon a more refined one will be available, and it's perfectly legal to softmod your switch and install custom software on it including the backup dumper, so you have no argument. If you make a backup of your own game and keep the cartridge at all times as long as you have the backup(s) then you are perfectly valid legal and right in doing so!