It is very unlikely a game publisher will drag a streamer into the courtroom
Primarily in the sense that streamers don't usually fight DMCAs, though.
It is worth remembering that although Nintendo's creators' program was ultimately shelved after a few years, it
did enforce Nintendo's guidelines on streamers for three years. Including revenue sharing. Don't cooperate, get DMCA'd (something that Nintendo still does to this day, I might add. Not every streamer, of course, but every now and then someone gets hit). Your location? Irrelevant.
The streamers yielded.
Since streaming using Nintendo copyrighted media is not exactly uncommon, I find it moderately unlikely that no-one has even
considered challenging Nintendo over this (via class action or something to get the funds, if need be).
I don't have proof, of course. But I'm deeply suspicious that someone, somewhere
did ask a lawyer about the matter, and got told "Don't even bother trying" in response.
Also anecdotal, but the one time I saw an actual lawyer posting on the topic, his answer to the question of how to work with copyrighted materials under fair use amounted to "Don't."