That sounds like grounds for some kind of legal action. Antitrust? Class action? I don’t know the specifics of the best strategy for approaching it, but if Nintendo is showing a pattern of using their legal team to harass legally operating emulator developers that sounds like something that should be actionable.
Seems like obscurity is kind of an essential component to successful archival work. Art being preserved through capitalism’s daily attempts to burn the digital library of Alexandria won’t be achieved with flashing neon signs directing as many people as possible to the archives.