Nintendo has track record making threats that are not technically feasible, like if a PR/LAW person has written it with no knowledge on what technically really is possible. They just formulate it, so that they have the most possibilities later on the law site.
They would even include coming to and get the physical switch from you, if lawfully feasible. And they would only check later if the physical act is really feasible for them after.
Yea, distribution and creation of art has to be separate. Only way I see against enshitification.
Like, there must be a choice between ad spreader datahoarder low price offer and premium low data no ad offer. There must be no monopoly over distribution of a specific art piece if it is no unique art form, like a hand drawn picture. (Like music, games, movies, series, trading card game, tabletop games, apps etc.)
Meaning, nintendo, netflix, apple, disnay and similar would have to offer distribution licenses according fair market rights and not limit those licenses to themself as self distributor.
At least, that is my opinion
But tor is not built to torrent.
NetBird is your friend 😄