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Your post is a little confusing to me but i will try my best to answer you as directly as possible:

Nintendo didn't DCMA 3DNes because :

- Their lawyers know really well that they doesn't have the right to do it. 

- 3DNes  doesn't violate any Nintendo IP and is perfectly legal  

- Nintendo is just another company. It's not like that they are the representative of the justice, the law ,the court or something like that. We should only care what the law and the court says not what Nintendo think or say.

And FYI VMWare are vastly used in professional environment context.