I kinda get that they’ll do whatever than can to shut down an emulator for a console still selling and available on the shelves though. Not that there aren’t legitimate cases for it (homebrew software and games), but that’s not what Nintendo is concerned about.
But screw that for legacy consoles, game preservation is important too.
It’s just that it’s hard to actually quantify, so the shareholders will prefer to go with enforcement that forces people to buy the games and console than taking a risk on hypotheticals.
Personally, I never bought a Wii U/Switch and played my fair share of games through emulation only.