As much as I can agree with the fact that companies can take down both pirates and romhackers, I think it is also fair to consider that RHDN has been up for almost 20 years, without any real takedown, which is impressive considering the huge number of hacks hosted there, while big ROM sharing websites such as EmuParadise, Vimm’s Lair, LoveROMS, LoveRetro.co (and we could keep going with the list), did not face the same luck.
So, although law-wise there is no difference, in practice I believe there is a substantial difference which we cannot ignore so easily.