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Hephaestos said:
are you guys serious?

of course there is copyrighted material, all the sprites for one, the engine, the name Wii, the name Mario, super mario, super mario bros, super mario bros wii.

The only thing that will not be copyrighted in his game is the design of the levels.

You guys also think you can take a movie and reedit it then distribute it for free and there is no copyright? this is the same thing, it's illegal.

Now I would applaud this if it were a mario 64 2 or something... but a current gen game, no.

Correct although I admire what the person has done here this post is actually on the right track when it comes to copyrights.