I will acknowledge that when it's tested in court. And I mean internationally.

The notion that copyright is absolute as long as the content is hidden behind any and all DRM is nonsensical, as is the assumption that literally any function not enabled to the user on purpose is illegal to use. I suspect the reason nobody has had to really defend that softmodding their console and dumping their owned keys and carts is legal is that no game maker, Nintendo included, wants to see how that goes in any way that would set a precedent.