• ReallyActuallyFrankenstein@lemmynsfw.com
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    9 months ago

    Right, yes. Whatever the legal situation, there’s always the chance that Nintendo doesn’t come after you because you aren’t seen as commercially profiting, even though it doesn’t affect the fair use analysis.

    But also, Nintendo absolutely has at times gone after projects even if they don’t make money - they are the not always the most aggressive, but they are very unpredictable.