So long as Nintendo doesn't end up going after emulators released before the Switch, then the de facto (not de jure) precedent is: don't release an emulator for

So long as Nintendo doesn't end up going after emulators released before the Switch, then the de facto (not de jure) precedent is: don't release an emulator for their current latest console. Overall, that's probably a mostly fine outcome for game preservation, and thinking about it more, it's probably much better for emulation and game preservation long term that Yuzu's devs settled instead of fighting this, as if they had lost and a legal precedent were set, many other emulators might have had to shut down or be hosted in countries where the DMCA doesn't apply. But with no legal precedent set here, emulators for consoles released before the Switch might very well be safe. Time will tell though.