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1. I never followed PM's production in any detail, so I will defer entirely to VB on that.
2. Nintendo probably could go after a lot of those fan games if they wanted, but they are not really prominent enough to the point where one could argue that they are in danger of replacing the original IP in public mindshare, and depending on how much original content the products contain they could feasibly argue fair use if things actually wound up in court.
Neither is true for AM2R, which is very visible, is arguably at risk of overshadowing the actual brand (due to Nintendo allowing it to languish for over a decade), and is literally a remake of an actual piece of software that Nintendo currently sells.
As I said, they could *probably* ignore it the latter the way they ignore the former with no ill effect, but it is not particularly surprising that they regard the cases differently.