Man, way to make your customers never want to buy your products. I don't know that I'll ever give another cent to Nintendo at this rate, they just seem completely Anti-User.
Nintendo has always been sue-happy. What's notable here is they haven't been able to find a way towards injunctions against hosting the source. It's not going to be difficult to find non-hostile hosting.
I don't believe the DMCA can be used to do anything but harass the team anyway.