DMCA notices apply to copyrighted material not circumvention technologies. There is no safe harbor for distributing circumvention technologies. What Nintendo wo

DMCA notices apply to copyrighted material not circumvention technologies. There is no safe harbor for distributing circumvention technologies. What Nintendo would need to proof to make Valve liable is that they knew or should have known they were distributing software meant to circumvent protection. Once Nintendo told Valve they considered Dolphin to be circumventing their protection mechanisms, proofing the above in court is pretty straight forward.