alt Hacker NewsDecompilation produces a derivative work. This is not up for debate, or disagreement.
The exception for interoperability only applies to _the minimum required_ for interoperability. You can use this exception to distribute e.g. game authorization code even if copyright would not allow you to do it.
You _cannot_ use this as an excuse to pirate the entire program, much less to create your own derivative work and distribute it!
This is just wishful thinking that comes up every so often in these threads (now it is the 5th time I see this parroted here). And then, when Nintendo inevitably shuts everything down, cue the crying. This ignorance is simply setting these projects for failure.
Your interpretation, I have mine. As far as I know, none of these recompilation projects ended up in any EU court yet so your interpretation is as valid as mine.
And Nintendo can pound sand, sorry. The only realistic ways to play those aging games is on an emulator or recompilation projects nowadays.
Nintendo also didn't strike these projects, maybe they are afraid of making a precedent.