Nintendo give an example in their complaint with The Legend of Zelda: Tears of the Kingdom saying that it was “unlawfully distributed a week and a half before its release by Nintendo” and that copies of it were “successfully downloaded from pirate websites over one million times before the game was published and made available for lawful purchase by Nintendo”.
Back when I was on that shithole other link aggregation website, I said this would happen because people couldn’t wait 7 more days for the public release before bragging about emulating TotK and sharing a clearly-not-legally-dumped ROM around.
I don’t care what people do in their free time as long as it doesn’t affect anyone else negatively, but it was hard not to see this coming because people couldn’t keep their mouths shut and just enjoy the game. Now, we all might lose future updates to Yuzu if they settle or Nintendo wins the suit…