Since we are going to take a deep dive on this, I attempted to read a Wikipedia article on this court case. I stopped reading after the second sentence since the top of the wikipedia article does not support your claim, at all.
The court determined that Galoob's Game Genie did not violate Nintendo's exclusive right to make derivative works of their games, because the Game Genie did not create a new permanent work.
the game genie did not create a new copy of a video game, an important distinction. what is a ROM if its not a new, permanent file and what does this court case have to do with my previous statement?
gotcha, thanks for clearing that up