They are not publishing any copyright protected content. Users need to provide their own ROM in order to use it with Nintendo’s assets, presumably sourced legally. The project itself does not provide any of these assets.
How is that different from the emulators that Nintendo has shut down?
Nintendo alleged Yuzu was “primarily designed to circumvent several layers of Nintendo Switch encryption so its users can play copyrighted Nintendo games", that’s all it took, and isn’t that exactly what this is doing? It just happens to be one single game, rather than a large number of them.
The Yuzu devs did quite a bit wrong. For starters they were selling access to early builds of Yuzu (making ~$30,000/month) and allegedly promoting piracy on their discord servers (specifically they were helping people play Totk before it came out last year iirc). These were the things Nintendo went after yuzu for. If they had just released their emulator for free while stating they didn’t support piracy (and actually maintained that viewpoint), Just like how every other emulator does it, I highly doubt Nintendo would have ever gone after them.
If you keep your hands clean as an emulator dev and don’t release any copyrighted material there’s nothing Nintendo can do to you. At least that’s what the past has shown.
