"B-b-but he was abiding by the law!!"
doesn't matter, broke the User Agreement
>We own all right, title, and interest in, or have the right to distribute, use, or sublicense, the Nintendo 3DS Service and the Nintendo IP. We do not provide you with any interest in the Nintendo 3DS Service or the Nintendo IP. Except as expressly authorized by us in writing, you may not create works based on the Nintendo 3DS Service, the Nintendo IP or Content, or modify, distribute, or transmit the Nintendo IP or Content. If you do not abide by these requirements, Nintendo shall own all right, title, and interest in any works created, adapted, distributed, or transmitted via the Nintendo 3DS Service, or, at Nintendo’s option, an unlimited license thereto. You agree to assign all such rights and execute any documents reasonably necessary to reflect Nintendo as the lawful owner of such rights.
