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After shutting down several popular emulators, Nintendo admits emulation is legal
(www.androidauthority.com)
this post was submitted on 17 Jan 2025
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Subverting copy protection had always been a vuage notion because they sell you encrypted content, but they still have to sell you something with the decryption keys as well.
Now, using the key to remove the encryption falls under "subverting" but if you use the key to play the encrypted media directly, why does it matter what hardware it is happening on?
When it came to switch emulation you didn't really circumvent the copy protection, you exported the keys from a switch. The game images are basically dumped as is.
Yes, you could find the keys elsewhere, but if you dumped your own it wouldn't really be considered subverting. Especially with the jig you put the switch into a state built into the switch hardware. It's not even a exploit like jailbreak usually are. The recovery boot mode is an intended service feature.
The only illegal thing would be getting copies of games and keys from other people.