Aside from that, there's also the problem that a DMCA notice as defined in 17 U.S.C. §512 is a procedure for handling copyright infringement. Nintendo is appare

Aside from that, there's also the problem that a DMCA notice as defined in 17 U.S.C. §512 is a procedure for handling copyright infringement. Nintendo is apparently alleging a violation of 17 U.S.C. §1201, which defines a separate class of offense that is not the same thing as copyright infringement. So what Nintendo sent probably isn't a proper DMCA notice, but rather a cease-and-desist letter that pretends to be a DMCA notice or has been misinterpreted by the target and the press as being a DMCA notice because it mentions the DMCA (albeit a different part of the DMCA).