1. https://www.videogameschronicle.com/news/switch-hacker-gary-...
The guy stole FOSS code by making a closed source fork to sell for a profit, tweaked it to be malicious (bricking devices that ran homebrew software that he personally did not like, notably the FOSS competitor to his product), and explicitly advertised his stolen product as being used for software piracy (or unsanctioned copying if you're a stickler for that). Boneheaded actions like that hurt the entire homebrew scene by branding people who just want to run their own code on their own devices as criminals. Gary was in the wrong both legally and morally. It's people like him that incite action against hackers as a whole.
They seem to be very mindful of the effect, which is why they are taking these actions.
BOTW/TOTK have excellent implementation and aesthetics but there is nothing about them that is technically unique or worthy of a patent.