There are hosts and nameservers located in countries that don't give a fuck about companies like Nintendo.

In fact, the recent backlash about everything being hosted in the US has started to make this even easier as companies in other countries are stepping in to grab market share as companies look to flee US hosting.

Sure, but since the project itself is not illegal, they could just keep mirroring it and even throw it up on a .onion site or an I2P eepsite.