> It is why they feel that they are allowed to both destroy the community's own work [2][3][4] and steal it for themselves [5][6]
You oversold both examples.
2, 3, and 4: That's a hosted(?) emulator distributing, or at least referencing, Nintendo IP, and not in a fair-use context.
You're mildly right about 5 and 6. Nintendo stole the header of ROM files of content that was stolen from Nintendo. The author of the header would have a claim against Nintendo, but seeing how they'd have to explain how the ROM got distributed in the first place, and it's not clear there's enough information in the header for it to be eligible for copyright, I doubt they'd say anything.
You oversold both examples.
2, 3, and 4: That's a hosted(?) emulator distributing, or at least referencing, Nintendo IP, and not in a fair-use context.
You're mildly right about 5 and 6. Nintendo stole the header of ROM files of content that was stolen from Nintendo. The author of the header would have a claim against Nintendo, but seeing how they'd have to explain how the ROM got distributed in the first place, and it's not clear there's enough information in the header for it to be eligible for copyright, I doubt they'd say anything.