Then that piracy would be unethical behavior by the individuals doing it, not the one who released the jailbreak.
The person who released this is no more responsible for switch piracy than linus torvalds is responsible for me playing pirated NES roms on my linux laptop.
Partially responsible, like someone providing specialized tools for breaking into cars. In contrast, the main use case of the Linux kernel is not piracy.
"Piracy" will be the only way to play Nintendo games on non-Nintendo hardware. I will gladly buy their games and then "pirate" them to play on something that doesn't come with a kill switch in the EULA.
"Piracy" is a service problem. Always has been. Sure, there's freeloaders, but not enough to be a serious problem. Most freeloaders would never have been customers even if they couldn't get what they wanted for free, so technically no sale lost. Many theorize that the would-never-have-paid freeloaders serve a useful purpose as free advertising and increase sales overall. No industry has ever collapsed from either copying nor real piracy, and I highly doubt this will be the first case.
> Most freeloaders would never have been customers even if they couldn't get what they wanted for free
Most customers would become freeloaders if they could get what they wanted for free.
> No industry has ever collapsed from either copying nor real piracy
Wrong. Music sales collapsed when piracy became trivial. The only thing that was still possible was to give away music almost for free via an extremely cheap music subscription from which artists earn almost nothing. Why? Because they can't sell music anymore. Nobody is paying for it when piracy is so trivial. Imagine video games went the way of music and people would at most have to pay a $13 subscription per month to gain access to all the video games in the world. Or pay nothing and watch a few ads (like music on YouTube). That's the situation with music.
Musicians can basically only earn money with live performances now. That was very different with records and CDs in the pre-piracy era. For video games there are no fallback live performances, so the impact of piracy is even worse.
