Look at all of the content on YouTube that heavily relies on fair-use. All parody relies on fair-use. Every video that includes a small snippet of copyrighted content relies on fair-use.
It's called "grey areas" and possibly unconstitutional laws and such. Not supporting piracy is as much ideals as covering your own ass. Nintendo doesn't care about homebrew, but they care about piracy. At the same time, it's a protest against the dumb blasted DMCA.
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They haven't though? SciresM has banned a few consoles for experimental data so that the PSA could be made. Nobody else on the reswitched team has any banned consoles so far as I'm aware of. Hedgeberg's console certainly isn't banned.
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