[bitwize]

> Copyright exists and generally must be enforced lest the holder wishes to lose their rights.

That's not how copyright works. It's how trademarks work, but you don't lose copyright if you don't actively enforce it.

> Emulator writers don't get sued

Remember, Jack Valenti went to his grave still believing that the VCR was to Hollywood what the Boston Strangler was to the woman home alone.

To Nintendo, emulation is a crime. (Except when they do it, because they own or license the rights to the platforms in question.) As soon as their legal team thinks they can get a ruling that will overturn Sony v. Connectix, they will be on that like white on rice. Failing that, harassment, intimidation, and threats will do.