Surely this is not causing Nintendo to loose money on SMB sales. I heard they have to pursue copyright violations, otherwise they might risk loosing the copyright (or did that apply only to trademarks?).
Anyway, why don't they just give that guy a very limited, non-commercial fan license to make that game? Maybe charge him a cent or so. And have him slap on a big "unofficial" sign. They wouldn't loose much, but it would be a big PR gain.
Anyway, why don't they just give that guy a very limited, non-commercial fan license to make that game? Maybe charge him a cent or so. And have him slap on a big "unofficial" sign. They wouldn't loose much, but it would be a big PR gain.