In a way this is the best of both worlds, the developer got to (mostly) finish his passion project, release it and have people play it. It's out there in the wild and nothing can easily stop that. Nintendo get to show proof that they're protecting their IP. They could have shut it down years ago but they didn't. They let him finish and release it.
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Re: Nintendo Issues Takedown Notices for Impressive Fan-Made Metroid II Remake, AM2R
In a way this is the best of both worlds, the developer got to (mostly) finish his passion project, release it and have people play it. It's out there in the wild and nothing can easily stop that. Nintendo get to show proof that they're protecting their IP. They could have shut it down years ago but they didn't. They let him finish and release it.