The person who released this is no more responsible for switch piracy than linus torvalds is responsible for me playing pirated NES roms on my linux laptop.
Most customers would become freeloaders if they could get what they wanted for free.
> No industry has ever collapsed from either copying nor real piracy
Wrong. Music sales collapsed when piracy became trivial. The only thing that was still possible was to give away music almost for free via an extremely cheap music subscription from which artists earn almost nothing. Why? Because they can't sell music anymore. Nobody is paying for it when piracy is so trivial. Imagine video games went the way of music and people would at most have to pay a $13 subscription per month to gain access to all the video games in the world. Or pay nothing and watch a few ads (like music on YouTube). That's the situation with music.
Musicians can basically only earn money with live performances now. That was very different with records and CDs in the pre-piracy era. For video games there are no fallback live performances, so the impact of piracy is even worse.
Ethics in era of vibecoding?
Ethics - for better or worse - is for suckers.