LogFAQs > #979200185

I also saw in the legal filings that Nintendo pointed out that Yuzu's telemetry feature would send them back data on who was playing what (and other metadata) and expected that if they reached discovery they expected to be able to use that to show that Yuzu was well aware that games were being pirated/played before release date so maybe they figured that if it reached discovery they might be in even more peril and so chose to just settle now before any penalty might be higher?

Not that such an argument would be ironclad by Nintendo, I don't know how they could conclusively prove that - for example - a ToTK played before the launch date was pirated and not simply a vendor mistakenly breaking street date and so a hypothetical player playing such a copy would be doing nothing wrong.