A fan game inspired on the original Super Mario Bros. games will be released for PC on September 13th. It features widescreen support, new graphics, improved gameplay, and a system that allows you to create and share your levels. And it's looking really nice.

According to the creator, the whole game was made from zero. We know what the stupid people from Nintendo thinks about work made by fans, but the author already spoke about that.

"Don't worry, its unlikely nintendo will take this down, we're taking steps to ensure they wont (rom verification, potential asset extraction) thank you all for the support regardless!"

Now we should wait and see.

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Valve would get sued by Nintendo into oblivion if they authorized this to be put up for purchase on Steam

I'm not going to to play it, but if they want to put it into Mario Maker 3's eventual online ecosystem I would give it a try.

Bad idea to announce before completion. Nintendo has sued for much less than this.

I don’t understand why the creator is so confident Nintendo won’t intervene. And honestly the company has every right to.

Also, if you love the style and gameplay of Super Mario Bros., make a spiritual successor or something. Why rip off the name, aesthetics, characters, etc.? You’re inviting trouble.

Yeah, I never understand that if someone has the skill to make something like this “from zero”, why they don’t just make their own original thing.

Outside of the "love for said game"

I think a completely original creation would take likely more time and effort and maybe not as much reward and clout than boldly announcing you're making a remaster of the original Super Mario Bros.

The game should enter the public domain in the 2070s or so. Then will be the time for all the fan creations to shine!

The question is: Will this be a free game or a commercial title? And is the art ripped from Roms or recreated in another engine?

Nintendo has let free fangames live, like Abobo's Big Adventure or the recent Zelda II enhanced remake, both because they don't do anything commercial with them and in the second's case because all the art has been recreated from scratch in GameMaker 1.4, so Nintendo can't take a claim on the assets. If this one goes a similar road as the Zelda II remake, then Nintendo probably won't intervene because they don't have much legal footing if the art is original.