This is nothing like Game Genie anyways. That lawsuit brings up another lawsuit which is more like this situation (Midway Manufacturing Co. v. Artic International, Inc.), where it was ruled illegal to basically copy a games code and replace it since it is considered a derivative work. That is what applies here, people modding the game are taking the code and replacing it with a English translation, which is derivative and not allowed. I guess you could try and argue that it falls under the "fair use" clause as you are not profiting from it, but that would be shaky legal grounds since you are replacing game code rather than just enhancing it (which is the main reason the judge ruled in favor of Galoob). It has nothing to do with hurting business or not (although hurting business would increase the copyright owners chance of winning). If somebody decided to sell unlicensed copies of the arcade game Sheriff, would it be hurting Nintendo's business even though they haven't actually used the IP in 30 years? No, but the company doing it would still be considered guilty.