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Not really related to the above conversation, but:
1. Do you have any idea why PM was allowed to be worked on for so long before being threatened with legal ramifications? They didn't even receive an official take-down notice; development was ceased simply due to the threat of potential legal action. Meanwhile, AM2R gets taken down immediately after release.
2. What category do things like Super Mario fan games (romhacks, flash games) and software like Lunar Magic fall into? I would imagine they're the same kind of thing as AM2R, yet as far as I know, SMW Central et al. have never been bothered by Nintendo's legal team. Too widespread or too insignificant? Or is it perhaps both (too insignificant due to widespread popularity)?