A game translation patch that is distributed legally, because it contains none of the original content, isn't then some kind of protected use that console manufacturers have to let you use
I didn't say a patch itself is illegal if it doesn't contain assets... Its illegal when it contains files stolen from the original game, or other licensed content from offline which is what some of these brawl projects have done and is a DMCA violation.
The only protected use is archival use, and there is clearly stated exceptions that the DMCA have given to the public to archive their own content, its an easy to google thing.
The reason tools exist for this, and I am for piracy in this instance is because if your console is connected online, and the original company that sold it becomes anti-consumer like what's going on right now, and they can not only break your hardware and its software but wipe everything you paid for entirely from their end.
Denuvo is a middle finger, so hand it back to them.
If you want to run the game on a switch then you're going to be violating the DMCA
Not true at all, for any game period that you own a copy of.
Contrary to unpopular belief its not illegal to install "Linux on a windows PC" go figure... it would be equally not illegal to run your own slideware on the switch like a linux environment, a self coded environment, a third party environment or otherwise.
You own the hardware when you buy it, it doesn't get shipped back to the factory when you die, it is not still property of the company that sold it to you, and neither are its contents or components or the software. What you do with it when you buy it is protected by general consumer protection clauses within most governing bodies.
If you buy a game you have the license to use its romfiles.
If you extract the files from a card you own even via 3rd party hardware and software its a legal copy.
Running them in your own virtual environment is legal to do.
All you do in some cases is change the user environment or permissions on the console itself which when you have purchased the device is legal.
If you switch things around in the operating system, or install your own software onto the hardware there are consumer protection laws that account for alterations to a device that make running and hosting your own files on things/from things legal, otherwise we wouldn't have the internet.
The legality portion only comes into play when you blatantly profit off the theft or reselling of said game assets.
There have been cases where people that did not profit from hacking also were targeted and predated upon only because of their abilities within the world of archival alone, and there are many examples in history of this.
Is circumventing access control causing damage? Not by itself--which is why this is a controversial item
Some people made mods and didn't profit from them and as a result you have the freeware and boot files accessible that you wouldn't ever have to do such a thing, and this is where circumventing access is protected.
I don't know if it doesn't cause damage, it certainly causes revenue loss at some point for the big 3, but when companies put game protection software in their games it boils down to how finely tuned the game is for some consumers. Although in most instances developers develop only to the point it becomes inconvenient to continue bug fixing things due to time constraints and project shifts, most people want the final revisions of the game as it sits, not the 1.0 version, or last available version before the store closed...
You could argue the revenue loss is because of a consoles death, and you can see that with the Wii U not continuing to pull the same revenue for Nintendo with the release of the switch is the leading factor for people wanting circumvention, once the Wii U closes disks are all that are left, and eventually you wont be able to update or play your games.
Either way, gamers will revert to older games, and piracy because as they age the copyright drops off them, there is less policing of abandonware, and they already don't have to worry about this crapware injection affecting their games because a pirated copy, or even just an older game itself isn't going to come with denuvo, and if it does there is a patch already somewhere.