I watch other people play the games. Then when I’m tired I close my eyes and I have a nap. I can wake up, fully rested and maybe get to see the final boss! Or not. Maybe I just go to bed.
Copyright of code doesn’t work that way. Now if some idiot goes and uses that code in a game, yeah, they’d have a rough time in court.
If Nintendo thought there was infringement already, and wanted to prove it in court, there are means to securely prove it with redactions and NDA’s and so forth as it would be considered trade secret.