Jailbreaking falls under a legal gray area, which is debatably covered by the "right to repair" section of the DMCA.
Breaking a console's DRM explicitly to play non-approved software is violating the DMCA and against the law.
As I said, not really comparable.
As asutekku have stated:
If you’re distributing the software to allow pirated usage the lawyers might disagree with you.
It seems that the US is the leader in IP cases, but that is simply due to the fact that most companies that can act are based there. The reality is that Europe have different IP statures which favors the authors more than others.
TLDR: US IP law deals economic losses, European IP law focuses on moral losses. This means that even with DMCA, Nintendo (and every other author, whether as an individual or company (in the non-corporate sense) or corporate) have rights in Europe that are stronger than in the US.
Should Google come after me for rooting my Andorid phone and sideloading apps not on their app store?