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My rule is that if they don't sell the game for the original system anymore, then it's not stealing.
Stealing from who. The used market?
Which they and every other gaming company have tried to kill at one point or another, and I fully expect them to try again next Gen. They probably hope that the people who pay attention and care are getting older and won't make as much of a fuss as we did with the last three generations.
Thankfully hacking systems has never been easier. I'm literally downloading games on a fan Eshop for my Wii U as we speak.
Serves them right for closing it all down
Obviously these are all legitimate backups from games I own.
Doing the lords work
Barring me from getting old games in a modern platform will not stop me from playing old games on a modern platform.
The sooner they realize that and plan accordingly by releasing their old catalogs for appropriate pricing, the sooner they will get what they want and piracy and emulation will plummet.
When people have a cheap and easy way of doing something without wondering if they're about to get SWATed, they're way more likely to actually do that.
I'm sure you meant it as hyperbole, but SWAT will not actually show up to anyone's home just for pirating video games. At most, a handful of local police or FBI may knock on your door, but SWAT are not called in for something like that. Not unless you have some history with the police of extreme violence or you have given them reason to suspect you are going to put up a fight.
A person is most likely to recieve a letter in the mail or an email from the lawyers of Nintendo before police are invovled.