I believe the FPGA modules are written with 100% unique, non-Nintendo code. Maybe the only issue could be the cartilage connector? I've had an Analogue Pocket for a while and that project hasn't been taken down.
Apparently Ryujinx the switch emulator has been removed even though it used unique code and the speculation is the owner got paid off to delete it. Makes me wonder if they get you either one way or another
If your hobby is making Paper Maché Owls, and one day Hobby Lobby calls you and threatens to sue you in criminal court for millions, or you can silently stop your hobby?
Unless you have millions to burn, you give up your hobby, because it's not worth ruining your life over.
If there is any type of authentication between the cartridge and console that gets bypassed, that would technically be a violation of the circumvention portion DMCA. They have used this exact tactic before and that kind of authentication has been used as long ago as the og NES.
The console doesn't officially support ROMs. It must run games off the original hardware carts.
However, there's a fairly simple hack to get ROMs to play on the SD card slot of the Analogue Pocket that many suspect was unofficially developed by Analogue themselves.
That's why these things are always "so close" to being done. You hear the milestone is near, and then it disappears. I have a theory Nintendo waits for as long as they can so people invest a lot, then they send the papers. In a way it discourages people from even starting imo.
Edit: why is this being downvoted. Nintendo slowrolling developers is just like, my opinion man. It's not controversial