They were charging people to play a game they didn't get a commercial license for. I've been to a few cool bars where you don't have to pay to play, unless they have cover on the entire bar.
For the most part, it's always illegal, but if you don't charge for it, nobody cares.
I was 100% ready to shit all over Nintendo until I read about this part.
You can't profit off of other people's work. Simple as that.
Fairest next.
They are providing a service, by that logic libraries shouldn't profit off of the authors work.
Libraries generally don't charge you to borrow books. ---