I think their point was, all things being equal, a server on discord vs a community on a Lemmy instance doesn't make a difference. In both cases, the people who ultimately own the platform have to decide whether to just delete them or go toe-to-toe with Nintendo in court.
Hosting everything themselves is a different story. Though...is it possible for a federated instance to exist inside the tor network? Maybe that's already a huge thing and it never occurred to me.