[chc]

Copyright is the only reason the license exists at all. If we ignore copyright, then the license is completely meaningless, because Nintendo has no rights to the work.

The point is that the EULA does not give Nintendo absolute power just because you played the game. They can't, for example, stick "You owe 30 years of indentured servitude to Nintendo" in the back of the Zelda manual and expect to get a bunch of free work out of the deal.

Nintendo have a very aspirational view of how much control they get over people who buy their stuff, and the law may even bear them out in some cases, but you can't take their word as law just because they wrote a license.