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this post was submitted on 17 Sep 2024
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What did the dev do to shield the project from a DMCA? Couldn't find it in the article. If it's not a romhack, then it would be vulnerable to those.
Nothing, Nintendo can wipe it at any moment. The dev will probably not get sued if he removes the game at the first request and since he hasn't monetized it in any way. But if Nintendo feels like it he can definitely get sued.
We can hope Nintendo let it be, but in the past they've killed many fangames like this one. Like the 2D OOT which was very good but got wiped by Nintendo.
I know it's common, fun and morally correct to dunk on Nintendo, but they need to "defend their IP", if they don't want to lose their trademark on it.
Copyrights (rights to media content) do not lapse because of failure to enforce them.
Trademarks (the right to call your product a specific name) can lapse if members of the general public start associating it with a type of product rather than your specific brand. This happened with "zipper", "jet ski", and "popsicle". But you can't sue Grandma Smith because she mistakingly referred to an Xbox as "a Nintendo".
He might not be in a country that the dmca has authority over.
Or any other copyright claim... 🙄