[AshamedCaptain]

> These decompilation projects are not using the distributed game binary to derive the code in their ports directly

That is the definition of decompilation. What are they using as input, if not the "distributed game binary"?

> The source code generated from this process is not Nintendo's.

This is just claiming the consequent. The output of my magical code transformation method is also not Microsoft's.

> Different from taking Windows ISO and jumbling it up into a rude goldberg machine and claiming it as a new work.

Yet that is exactly what decompilation is...

What distinction are you trying to make here? If I translate it to a different language, it is OK? That's as absurd as it gets and still basically strip all software from copyright.

> Do consumers agree to a end user agreement that specifies they cannot decompile the game?

For the record... yes.