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Darwinianevolution said:
VAMatt said:
I'm not sure there's legal grounds for this in many jurisdictions. Generally speaking, IP law only come into play when someone is trying to sell someone else's IP.

If that were the case, all free fan games would exist without issue, wouldn't they?

Not having "legal grounds" is not the same as not having a legal challenge.  Nintendo scares those people into submission, because they can't afford the legal battle.   That may well be the case here as well, but it is not as obvious. 

It may also be arguable that this use of Mario is helping to sell the game.