I don't think you are correct:
The DMCA in the USA forbids reverse engineering of copy protection systems, yes you can argue it's for interoperability for sure. Violation of a ToS isn't illegal as in go to jail but it is a breach of contract, though you won't get the police after you it is still a civil matter. Again, no one here actually cares because Nintendo is a faceless corportation, but we wouldn't treat our friends or neighbors with this level of disrespect so it's still ethically and morally naughty.
In any case, certainly Nintendo's code base has been copied moved, distributed etc. in the efforts to achieve the above whether it be innocuous or not, whether people believe they "own" the copy on their switch because they bought it or not it's all infringement. The scene has built their own version of morality and boundaries about such things so they can sleep at night, stay out of jail or whatever. I'm not criticizing, just saying how it is. I love what is produced, I loved what is learned and taught, but a spade is a spade.
so everyone can mince words and pick apart the above, but at the end of the day we are all doing something that real people who have mouths to feed told us they don't want us to do with their products and their intellectual property and we have said "fuck you we don't care about you, your feelings, your profits, your family's or whatever else because this is legal and right".
Good for us!
Again I'd not change a thing. I just recognize I'm a bad person doing bad things and own that. While many here think they are doing right, which I find distasteful.
