FME has never had a 3 year rule it was suggested and some members took it as fact copyright is copyright I mean if there was a 3 year rule what would stop me downloading all of Elvis' albums from a dump site and if his record company come after me I would be able to say 'but under the 3 year rule'...... judge would piss himself same applies here.
Emulation is not illegal but 'cracking' games before release is and thats the issue here
Nintendo are cunts of the first order when it comes to their IP they would sue you for hosting a 30 year old rom I really don't know why folks don't just boycott.