Late last week we shared a small demo that had been created by a programmer teaching themselves to create 3D platforming in Unity - Super Mario 64 HD. The title actually sounds a little grander than the reality - it's one level re-created practically from scratch, that serves as a fun proof of concept with no intention of continuing the project or trying to sell it in future.
Despite that stance from creator Roystan Ross, it appears that Nintendo is in the process of trying to close the download down and get it off the web - it's within its rights to do this due to the use of copyrighted assets, in particular. A copyright infringement complaint was issued to a site hosting the download files, which was respected by the recipient of the complaint, though they emphasized that "as mentioned on the original blog post... there is no intention to monetize this, ever".
At the time of writing the tech demo can still be downloaded from the creator's own website, though that doesn't mean that Nintendo's not currently in the process of issuing similar notices.
As we alluded to in our original article, it's a pity that Nintendo seems to be keen to take this project down. It is, ultimately, rather harmless - a single, un-monetised level inspired by the original, created as a demonstration and emphasized as a one-off download. Perhaps in future Nintendo could sanction online Game Jams to actually encourage coders to improve their skills by playing around with its retro classics in Unity, for example, with the reward being a spot as an authorised developer for the eShop.
As it stands, Nintendo seems to be in the process of enforcing its rights as copyright owner. Whether that makes it the right move on all levels is another debate entirely.