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From: U.S. government creates flash game about recycling, uses Yoshi's Island DS music in it without authorization
wwwarea
Tue Feb 19 19 10:35pm
(Updated 2 times)

As much as I can understand this, there is the fair use law. Which I believe has examples where copying legal content with a limited amount of specific purposes or one of them then there might be a chance that this is fair use, and if so, permission is not needed maybe.

Note: I am not too sure if this is really enough to be fair use. I just wanted to remind people that fair use law exist. XD