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I thiiiink they’re modding the game but still playing on official hardware, so they might be in the clear for now (until Nintendo goes further)
I suppose that do have that plausible deniability for now, though I know at least one of them isn’t using official Nintendo hardware. Conveniently the same one who “moved to New Zealand” a day before totk came out as they could play on stream ‘legally’ a day early.