Correct, but we don't know what all has taken place over the years regarding Discord chats, forum posts, etc. where one of the devs might have accidentally incriminated themselves/the project. That's what I meant by it depends what kind of evidence Nintendo has gathered. I'm assuming there's a reason Nintendo waited as long as they have to go after them, seeing as Yuzu has been quite famous for a long time and it seems as of they're not also going after Ryujinx (or maybe they're not just yet?).