When companies fight regulations they use statements THIS unreasonable to fight better legislation, for framing everyone who supports better regulation, as completely unreasonable whining anti capitalistic bigots, who just want regulation that makes conducting any business basically impossible.
With this logic, if your DVD rots, does the company who originally released the DVD owe you a full refund plus interest?
But he is right though. If Nintendo really wants it gone they’ll just pull a sony-bleem. As long as there is no real regulation for this stuff, there is not much you can do.