Indeed, the wrong here is from a moral perspective, not legal. Although, well… a ROM may be a derivative of an illegal copy of Nintendo's original work, but do

Indeed, the wrong here is from a moral perspective, not legal. Although, well… a ROM may be a derivative of an illegal copy of Nintendo's original work, but does that prevent copyright nonetheless applying to the derivative? If it doesn't, then there's probably a threshold-of-originality thing applying (the header is tiny and its content obvious), but I do wonder.