Please look up your laws before commenting. Yes, DMCA, as you have correctly stated, does not apply in the EEA. However, IP infrigement in EEA is dealt with much tougher than the US. Don't believe me? From YouTube v GEMA and the whole youtube-dl debacle to cases in France regarding software copyright infrigement, the authors (in this case, Nintendo) have the collective right to assert copyright in the console software, and often is also the co-author of the software released on their platforms.

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.