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Both physical and digital Switch games include what Nintendo calls technological protection measures, or TPMs. As Nintendo itself explains in one of those takedown notices, "When a game is started on the Nintendo Switch console a Game TPM is decrypted using cryptographic keys that are protected by Console TPMs. The games themselves can then be decrypted by the decrypted Game TPMs so the game can be played."
The DMCA includes a section that says "no person shall circumvent a technological measure that effectively controls access to a work protected under this title." In other words, any attempt to bypass DRM is a violation of copyright law no matter the intent - or at least, that's how Nintendo interprets the law, and that argument has been very effective at getting hosts like GitHub to take down software like Lockpick and SigPatch-Updater.
Love to live in a society where private property is real and personal property is not.
