From Nintendo's website:
> it is illegal to download and play a Nintendo ROM from the Internet.
> it is illegal to download and play a Nintendo ROM from the Internet.
> Are Game Copying Devices Illegal?
> Yes.
I'm pretty sure that's complete crap. There are substantial non-infringing uses for such devices (e.g. playing your own games on your own computers). Using such devices to make and distribute illegal copies would, of course, be illegal, but the devices themselves aren't.
I think they are correct in the part you quoted, but I wouldn't take them at face value in general.
Nintendo is attempting to control the message (no one is going to check them on it and they're deliberately being ambiguous) and scare people away who would normally just be pirating their old games.