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this post was submitted on 15 Oct 2024
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Nintendo's been openly emulating their own games since about that time. IIRC, the SNES Virtual Console on the Wii had code from SNES9X in it.
The distinction (which seems nobody cares about) is that Nintendo's going after copyright infringers. If your emulator doesn't use any of Nintendo's code, they ain't doing shit about it; they're just gonna steal it, if anything.
Somebody has fed you or you have invented bad information. Neither Yuzu nor Ryujinx, the two Switch emulators which recently ceased development due to intervention from Nintendo, included Nintendo's code. The Yuzu settlement required those developers to acknowledge that
There was never any mention of them stealing Nintendo code.
Ryujinx, we know even less about, because the agreement went down privately, but there's literally zero indication of any stolen code. We know that Nintendo contacted the developer proposing that they cease offering Ryujinx and they did.
Obviously, Nintendo was bothered in both of these cases because the emulators do facilitate piracy, but that's not the same as them having infringed on Nintendo's copyright by using their code which you are claiming. Both of these emulators were developed open-source; if they were built using stolen Nintendo code there would be receipts all over the place. That was never the problem.
Yuzu supported unreleased games. To do that required using Nintendo's code, and getting that code through unauthorized channels. Nintendo's code may not have been distributed through Yuzu, but it was used in a way that was not permitted in order to engineer a way to circumvent the copy protection of those games. That was how Nintendo was able to go after them.