I wouldn't take that from what I posted. What I said was that, without ruling on this specific USB stick thing, we generally ban people when their intent is to pirate in order to get content for free that they otherwise would have to pay for, not because their actions (as in the original ZSNES-on-XBOX OG, the borderline Wii homebrew stuff, the AceKard 2i, etc) may or may not be considered a pirated derived work under the law.
In general, it's okay to discuss anything, though.
It's not threadshitting to question to what degree this is legal or not or how they came up with this. Like I just said to the other guy, the people that get banned for threadshitting aren't people engaging in conversation, they're people who are shitting on the thread. If you really want to boil down all my warnings, you'd just end up with "Don't be a jerk, dudes."