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Yeah, making it a legally-safe knockoff is a better route to take. While I'm firm in my belief non-profit fan games should fall under the same categories as fan art and fan fiction..Technically fan art/fiction is illegal too, which is the problem. It's literally an issue of discretion, there's no protection other than what is not worth pursuing. And a fangame is apparently worth the time to Nintendo's lawyers, as has been proven time and time again. It's a bad idea.