UPDATE - The music has been removed from the game, and the music file has been deleted from the server.
The other day, we found out that the U.S. government had a Flash game about recycling put together as part of their EPA initiative. That game included a song ripped right from Yoshi's Island DS, and without any credit or comment on usage at all. Believe it or not, news of this situation made it all the way back to the EPA. Here's what an EPA spokesperson had to say on the matter.
"The Recycle City Challenge game was created for EPA by a contractor. We are looking into whether the contractor received permission to use the music, to the extent permission was necessary in this instance."
No need to do any research here, EPA. The answer is 100% no. Whoever was contracted to create this game did not get permission from Nintendo to use that song. Boy, I can't wait to see where this goes from here!