Location, location, location. Be somewhere that has lax or absent laws enabling foreign entities to prosecute you for this sort of thing and has no extradition treaty with Japan and/or the US. And remain anonymous and avoid identification. This guy was a reddit mod and lived in friggin’ Arizona, both of which were bad moves on his part. So I imagine Nintendo or the courts subpoenaed reddit for everything they had on the guy and they eagerly complied.

If you lived in, say, Cambodia and only distributed your stuff through decentralized or anonymized channels and did not seek fame or fortune for yourself it’s pretty likely nobody would actually be able to bring the hammer down on you for it.