(They don't have the console's source code.) Though this may get around copyright issues you then run into patent issues if there are any patents for said consoles. (For example ripping Breath of the Wild on Wii U would require you to circumvent DRM.) Emulator on their own on the other hand is a bit more tricky as these are created with clean-room reverse engineering. So if you have to circumvent DRM to make a backup then it's illegal under Digital Millennium Copyright Act. (I am not a lawyer.) Nintendo will say it's illegal, but it all depends on the laws where you live. In the United States creating a backup copy is legal, however circumventing DRM is not.
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