

You don’t have to take Nintendo’s code to make homebrew and stuff, its just easier. Ideally devs would have looked at what the apps did and reproduced the functionality, without copying the exact code. Doing it this way opens them up to DMCA claims in a way doing it properly wouldn’t.
Like all the homebrew stuff for switch, if Nintendo could take it down they would. But they can’t, it doesn’t include copywritten code of theirs.
Since when has owning more stuff meant you were fucked?