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They don't (though as was mentioned there can be multi company concerns), however if the police knock at my door to say "we know you have been dealing cocaine" you don't typically just stop dealing cocaine and go exclusively heroin.
I imagine any ROM site out there these days has at least a half arsed effort towards keeping its owners/operators out of legal crosshairs. If they manage to penetrate that and get a nice letter from a law firm to land on said owner/operator doormat it tends to be cause to reconsider your position.
Anyway everybody sing along
99 ROM sites on the web, 99 ROM sites. Take one down and share news around, 95 ROM sites on the web. 95 ROM sites on the web, 95 ROM sites. Take one down and share news around, 999 ROM sites on the web.
But why now? Why not earlier? Sure, if they were planning something good for eShop to allow more than NES I'd be supportive, but I'm not. Nintendo can take its litigation and stuff it.