Nintendo has aggressively pursued litigation against ROM sites, emulator developers (the recent Yuzu lawsuit), and specifically targeted the distributors of the leaked ToTK NSP. Settlements have reached millions of dollars.
Rumors of the "Switch 2" (or Switch Successor) suggest it will feature backward compatibility. If that console is hacked, the Tears of the Kingdom NSP will likely run on it natively with upscaled textures and smoother framerates without emulation. legend of zelda tears of the kingdom nsp