Nintendo has not taken action on the massively popular SM64 Decompilation and PC ports (and ironically switch ports) in the past what…3 years?
Nintendo hadn’t taken action against ROM sites for even more years (I was able to download NES, Game Boy, and SNES ROMs in the 1990s) and then decided to make an example of only one in 2019. Just because something is not on the radar of lawyers in Japan right now, doesn’t mean a law suit over millions could not come any day.