On the surface maybe, but > such an exception to the author’s exclusive rights may not be used in a way which prejudices the legitimate interests of the righth

On the surface maybe, but > such an exception to the author’s exclusive rights may not be used in a way which prejudices the legitimate interests of the rightholder or which conflicts with a normal exploitation of the program could be interpreted to mean that, especially for anything still being sold (like the retro games sold on Switch), interop for the sake of interop would very likely conflict with Nintendo's legitimate [business] interest.