Being able to read something does not, in general, give you automatic legal rights to produce copies of that thing (sometimes even for yourself) regardless of monetization. Whether it should is often a matter of circumstantial specifics and location combined with a good dose of opinion. Many times it's also less about "what" and more about "how" you've done it, which is why these projects are sure to use certain wording about their methodology and require the source material to produce the asset portions (or sometimes, the source material to produce anything at all).
More often the comments are less interested in "what is the actual legality" and more "how will Nintendo use the legal system to take it down". Often Nintendo is probably on the "correct" side (as in the law agrees this is the currently intended interpretation) but even more often people just don't want to go to years of court about their hobby fan project.
More often the comments are less interested in "what is the actual legality" and more "how will Nintendo use the legal system to take it down". Often Nintendo is probably on the "correct" side (as in the law agrees this is the currently intended interpretation) but even more often people just don't want to go to years of court about their hobby fan project.