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I’m pretty sure Apple has been using those files since before Nintendo released the DS.
And emulation is legal too, but that doesn’t stop Nintendo.
Not sure they’d be stupid enough to go after someone as big as Apple though.
This is probably not a relevant counter point, just a(n un)fun fact, but Nintendo put in a patent for throwing a capture ball at monsters after Pal World was released and Pal World has to change some stuff (though I’m not sure if they’re doing it to avoid going to court because they’re concerned or if they’re being compelled).