One hundred million dollar lawsuit from out of the blue for files that haven't been given warnings:
https://techarim.com/loveroms-loveretro-shut-down/
Before that Nintendo's behaviors have been somewhat understandable (i.e. the Breath of the Wild strategy guide is banned here on the forums, Nintendo would rape the entirety of EP over it)
You argument seems to be breaking down to two points:
1) EP can already be sued for what we've done. So why not keep on going!?
2) There are files that seem unlikely to get in trouble for.
My response to those points:
1) Yes EP could be sued still. That would be very unfortunate. But if that would happen, EP would have a strong argument in court that we discontinued the infringing activities well before legal action was taken, and that would mitigate the losses involved in the settlement. Keeping on going knowing that there is a party interested in completely destroying your life, is foolish.
2) The amount files EP was hosting is beyond my ability to even estimate. Was it 50,000? Was it 300,000? Did it crack a million?! There is no way to sort all of those and judge which files have no risk. It would only take 1 committed rights holder to come out of the woodwork on a forgotten game to result in a serious problem. Also going back to my response to point 1), leaving a partial assortment of games available does not show you are pre-complying in good faith, and would certainly have a negative effect should Nintendo or whoever still feel like suing, and would contribute to increased odds of that lawsuit actually happening.