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>It's already not derivative other than cosmetically //

Appearance matters, form matters the moreso I'd say.

If the appearance and level structure and such didn't matter there would have been no reason to duplicate them would there?



I'd be hard pressed to come up with any way in which Nintendo was losing money here though.


It's not about losing money. It's about protecting their brand.

Precedent is a slippery slope. Once you allow the "first" to copy your product, its so much harder to fight the 2nd or 3rd attempt.


They can licence the dude that made this html5 demo so he can use their assets.




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