Jaster has written
You are right but, why do people hacking pokémon without an license to pay? The people, who hacks pokémon, releases them. Nintendo knows that. Why should he become red light, when other people hack pokémon?
Its a big different between hacking 20 year old ROMS and making a great game and sell it for 30$ without paying money to Nintendo.
Example: You write a great book (like Harry Potter) with many succes and someone will make a game for it without paying you money. Of course you will complain you.
Sry for my bad english.