The conversation in the past has always been about third parties emulating hardware they don't own the copyright to, in order to play software they don't own th

The conversation in the past has always been about third parties emulating hardware they don't own the copyright to, in order to play software they don't own the copyright to. Nintendo owns both the hardware and software, so even if they're using emulation technologies under the hood rather than actually porting the game to the new hardware, what difference does that make?