Look through the past couple hundred or so of Vitor's tweets; he's been one-by-one reprogramming all the troublesome rooms and screens for a couple weeks.
Hopefully Nintendo learns to appreciate these contributions and doesn't try to seek legal action against him.
https://www.eurogamer.net/articles/2017-01-18-did-nintendo-d...
As far as I know they have repeatedly packaged open source emulation code in their work without notice. Guessing it hasn't become a big deal since nobody in the scene wants to anger Nintendo
Newer VC releases haven’t had these headers, by the way. I guess if you were being conspiratorial you could presume Nintendo deleted the headers specifically, but we know it’s not like Nintendo doesn’t save these files. (See things like Star Fox 2; the complete version on the SNES classic was newer than any of the leaked versions.)
I’m really not aware of a time Nintendo has ever used code from a rom hack or emulator.