Gaming

But this is still to be discussed, because if the emulator does not circumvent any copy protection and the games are dumped with the protection in place, and the copy protection is reverse engineered, then the games would play with the copy protection decrypting. It does not circumvent the protection, it actively "uses" it. So from that standpoint making backup copies is not illegal in theory. Now would this hold in court? I don't know. Nintendo does not know either and rather like to take things out of court. Because if Nintendo looses such a case, it would be devastating.

I'm in Germany too and the right to a private copy is exactly what I had in mind too. Not all copy protection measures were accepted for the right to not copy. What I mean is, there was some extremely simple protection mechanisms that were not accepted as a working and effective copy protections, and you were allowed to do a copy; even with the so called copy protection in place. Therefore it effectiveness was kind of important to the discussion too. I guess the Switch has a much more advanced one, so its probably not an exception.