I’d wager Nintendo has put some fear into a few folks considering developing emulators, but that’s the only comparison to be made here. The lack of any real consequences for individuals downloading roms is why so many are happy to publicly proclaim their piracy.
Now, I bet if megaupload added an AI that checked users uploads for copyrighted titles and gave everyone trying to upload them a warning about possible jail time, we’d see a hell of a lot less roms and movies on mega.