Nintendo and partners won't make their back catalog available for purchase and they don't want people downloading ROMs either. It really irks me that good old games are being buried. Nintendo needs to knock off their legal action or make their entire back catalog available -- not a few selected titles!
A lot of the older NES, SNES, and N64 games have become more appealing to play these days. It's honestly refreshing to go back and time to when RNG loot and loot boxes weren't in every game!
They should make roms available online in some form and collect residuals just like any other kind of media. They can make them available on the nintendo switch estore. I recognize that many of these companies are now belly up, but someone must own those IP's. Nintendo should put the invite out there, that if they own the IP, they can sign up to have the game ported to the nintendo eSTORE and collect residuals.
The Rom website should argue that Nintendo has not been protecting it's IP rights consistently and therefore gave up the right to claim infringement, which is required to maintain legal protection under trademark law.