Piracy is always a service problem, and while it can never be endorsed, and people shouldn't pirate anything, a lot of people still will if it's the path of least resistance
No one is entitled to game soundtracks, but if they have to buy a CD from a store to listen to a few tracks, most people won't do that
It's the same with ROMs. Of course no one should download ROMs illegally, but a lot of people will if there is no adequate way to get a hold of them legally
No one is entitled to Nintendo ROMs, and no one should be pirating them, but it's not hard to do so, and so obviously people will if Nintendo or anyone else don't offer them for sale. Nintendo legally can do all they can to fight this, but at the end of the day, there is a demand, and people can easily get what they want illegally without much trouble, so the best way to combat that would be to offer to meet that demand in a way that benefits Nintendo
On the subject of lets plays, I can't believe there are people who want lets plays to be banned because they presumably hurt the developer/publisher? Imagine being the kind of person who worries about that