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Bringing it up makes complete sense considering you just said he "claims" they were never contacted by Nintendo. My main point was that i assumed they had copyright issues.
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Except back then it was Stefan making his own game with no player content at all and not selling it, just doing it for fun. Now it's Stefan making a game as a form of living and selling it to a large market base(iPhone market), and most of of the content(nearly ALL of it) being made and monitored via unpaid players. It's kind of two very different scenarios.