It is also about consistency. Let’s say for argument’s sake they decided to sue the creators of the emulators. If even one time Nintendo cooperated with and ass

It is also about consistency. Let’s say for argument’s sake they decided to sue the creators of the emulators. If even one time Nintendo cooperated with and assisted the emulator developers, it is easy for the defense to argue that Nintendo implicitly endorsed the work and therefore why are they suing them.