The fair use right that you have is the right to make copies of works for your own use. If you own mario party on the switch and would like to play it on your computer you are allowed to do make a copy of the work to do so.

Tools that facilitate this legal use shouldn't be an able to be taken down. It doesn't matter if you think they're using those tobacco accessories for something else.

But a tool that allows you to break say HBO's streaming DRM wouldn't get this protection.