Honestly, in legal paperwork, consult the laws.
In everyday conversation, it’s what you feel.
I was born in South America, moved to the US when I was a child. I’m an adult now, my main language is English, I think in English, I grew up here, I have a life here.
If someone asked “what” I am, I say “I’m american, but I was born in South America.” It can be either a fun conversation, or a filter for judgy people I don’t want around me.
If I moved to Germany, I would still say I’m an American, because it’s the culture I know, the place I grew up, the identity I choose.
I don’t deny my heritage, I still enjoy Salteñas once a month with my family, I speak Spanish to my son to make sure he doesn’t forget it, I look Hispanic, I still have fond memories of being a child in another country, but I never say I’m “Bolivian-American,” because by circumstances of life I just have more identity of my life, here.
It could be counted as IP infringement, corporate espionage, copyright infringement, trademark infringement, trademark abuse, and I’m sure various other things an actual lawyer would know.
I hate large companies and corporations, I think Nintendo is extremely horrible with a lot of their practices, especially regarding abandonware, archiving, and emulation, but when someone commits various crimes, especially unapologetically and without a just cause, they’re still a criminal.
This is a case of a selfish prick of a man being a criminal against a selfish prick of a company.
Edit: oh and of course, piracy. (Sail the seas fellas, just not in plain view)