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Also because the game creators don't take the step of changing the game and getting outside of the copyright imo.

That group making the My Little Pony fighting game got CnD'ed by Hasbro, but they just changed the character designs to something unique and re-wrote the plot of the game, changing nothing about the gameplay. I realize it's no small feat to change a lot of assets, but it's the creators choice to let the game die because they won't change things to replace NIntendo copyrighted stuff with original ideas.