Meanwhile, Nintendo has been smarter on Switch, shipping first-party emulators for NES and SNES (but without the games people actually want in the catalog), and has convinced Square to re-release Seiken Densetsu 3 with an official English translation on the Switch w/ the full Mana Trilogy, which I bought and paid for, even though I could emulate all three games because they had improved graphics and an official translation.
I think the concern you have here is wildly overblown, and for the most part there are a tiny tiny tiny amount of people who are pirating Switch games by running them in emulators. Most Switch piracy is happening /on the Switch/ by people running games off the SD Card instead of buying carts/downloading officially, using patched OS / loaders. Nintendo basically killed this for Switches made after the first run in the first generation, and it's even a non-issue.