No, that’s also not how it works. Reverse engineering and making a profit from your clone is legal. Breaking DRM for compatibility reasons is in fact exempted and legal too. Nintendos argument is that they broke DRM for piracy, but the tools can still be legal and legal precedence supports that
After a month from what I read, most distro hadn’t included it yet
Edit: it had been prepped for 2 years or so and the malicious code was introduced a while ago, but from release it took about a month to detection