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KLAMarine said:

Nintendo's fighting a losing battle. This thing's on the net, there's no getting it out of there.

If in fact this DMCA was issued by Nintendo. I recall reading recently of people posing as Nintendo and issuing C&Ds.

I doubt that they really care if it's on the net or not.

If you have a trademark, metroid for instance, that trademark could be lost if you do not show that you are actively defending it.  Nintendo's probably just making a token effort to make sure they maintain the trademark.