It does mean that likely the ROM was ripped using an “illegal” emulation tool. Most emulated ROMs have no header when stored on the cart, or on site in backups, and it is added via the particular emulation program used to package the rom for an emulator. Nintendo’s ROM’s sold have nintendo proprietary headers, Mario 3, which the sold to customers, did not, it was using iNES’ header, which was a popular NES emulator, showing pretty likely evidence that the ROM was downloaded illegally. (I think it was updated after the fact to remove this iNES header) It was pure and simple laziness by someone working there. I am sure Nintendo has the source ROM, but that probably wasn’t as easy as downloading it from coolroms.
That tweet is insane,
THIS IS FALSE, except for the one example that shows evidence that something from pirates was used. Just because this game has an inkpack attached to it in the special best buy theft proof case doesn’t mean I stole it from Best Buy. Besides, I already own this game, why would I steal it?
Pretty weak defense.