It’s more about accessibility. It’s not like they make the games anymore and the emulators they have on the Switch are lackluster. You could buy shit on eBay but if it’s a super niche game it’d probably cost a lot of money. Money that doesn’t go back to Nintendo. It’s not like they’re going to lose money for someone playing a super rare game on an emulator.
And they’ll keep getting away with it as long as corporations are treated better than actual people. And you know they put shit like this in the agreements because they know nobody reads them. And every time we get complacent or blame someone else, it only gets worse.