Yes, but how does that apply to the Nintendo Switch and Yuzu. Did they actually extract the AES key from real hardware and include it in the emulator?
It applies to Yuzu because it breaks the encryption on Switch games without the copyright holder's permissions. And it's simple to argue that the encryption is for DRM purposes, like CSS for DVDs.
Nintendo's argument in the filing was that it effectively did, as the website instructed people on how to extract the keys, and that the software did real time decryption for which there was no legitimate source of keys.
That didn't get tested in court, but I suspect it would have succeeded (this is not legal advice).
So, the emulator did not contain the key but it made it easy to use one if you had one? Is that a suitable description?
How useful would the emulator without the key be? I guess you could still write and play (and share) your own software. Is that what people call "homebrew" in the Nintendo Switch context?