if there are no grounds for a case on intellectual property infringement, one of which is “non-profit”.

These guys have said right from the get go that they’re trying to profit off it though. Whoopsies.

Also the fact that its the exact same code that Yuzu ran, which just settled with nintendo for millions of dollars, is going to influence any future cases.

but at that point the courts might decide either way and litigation costs money.

Yeah so like I said - they have to be prepared to fight nintendo or just shut it down almost immediately.