Honestly - Nintendo is the pettiest and shittiest to its incredibly passionate fan base.
Where SEGA hires people who have created great fan content, for instance; Nintendo sends out C&D’s.
Nintendo shut off their own revenue stream by closing the 3DS store.
That was their choice. They could still be making at least a bit of money from the 3DS store, but they chose not to.
So…punish the homebrew devs for their own stupid decision? I have never been able to understand Nintendo’s behaviour, especially having grown up in the ROM hacking and fan gaming scene where SEGA and Nintendo could not be more parallel opposites.