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Would be hard going after devs that don’t blatantly make money off it like Yuzu did. Would also be pretty hard going after anonymous devs not using US based version control or just private. Lot of countries don’t care about DMCA either. Yuzu was just very stupid but Nintendo in the worst case isn’t all powerful either.
Cemu doesn’t seem to have a problem with profitability. The litigation was about circumvention of encryption and blatant piracy advocation.