Nintendo can say all they want, they aren't judges. On the technological protection measures, it hasn't been judged and it's kind of a gray area since Yuzu did

Nintendo can say all they want, they aren't judges. On the technological protection measures, it hasn't been judged and it's kind of a gray area since Yuzu didn't came with any in it to my knowledge at least. That's also maybe why the settlement is there. Edit: for your edit, Psystar wasn't emulating anything, they were actively modifying software. That's closer to a software crack on how it works than emulation. Apple vs Corelium is closer to the concept since Corelium was emulating the hardware.