Yeah, I'm sorry about this, but the ball is in Nintendo's court. If you think your cause is worthy enough, you could go to their support website, select Corporate, then Legal, then use the email option. But if they say no, then that is their legally binding stance. And that's what I'm saying about the media. If it being a fangame causes it to have a cap on how popular it can be before Nintendo stops development, then that doesn't sound at all like what I'd want to develop. Games are meant to be developed to the best of your ability and played by as many people as possible that like it, not just left in a niche site because it's a Nintendo IP.
I don't understand your point in context. You quoted my post with this reply, but you didn't really address anything I said.
On its own, though, your argument is generally valid. However, bear in mind that some fangames are popular only because they are fangames. You said this earlier:
Nintendo can't accuse you of ... using their property to prop up a lousy game [if it is a SuperTux fangame].
Nintendo, to the best of my knowledge, has never accused any fangame of this. But many fangames *cough
* really are only popular because they're fangames. So, you're right!
Naw, 'cause you're missing a fundamental point. I draw attention to this part of your post:
Games are meant to be developed to the best of your ability and played by as many people as possible that like it, not just left in a niche site because it's a Nintendo IP.
This just ain't true. Games, like all artistic mediums, are meant to express creativity. They aren't necessarily meant to be judged or even consumed. They often are, but they only need
to be something the developer(s) wanted to make. From what you've said, I gather that you lack the creative agency to do what you really want to do, and are instead, on some level, letting the lure of popularity make your decisions. Every popular contemporary artist I can think of off the top of my head has said that popularity and success comes from making a unique product and finding your niche. Folks who seek out Internet fame scarcely find it, because they aren't driven primarily by passion.
If you want to make a Mario fangame because it's Mario, then make a Mario fangame. Ditto for SuperTux. Don't make a fangame because you want to attract the fangame-niche. Even if these two goals overlap, you're still doing it wrong. I can say from first-hand experience and external observation that fangames attract the most amount of players when they are based on a newly-released popular video game.
When Super Mario Maker came out, loads of folks, particularly folks from third world countries, wanted to play a Mario Maker clone on PC. Scores of Mario Maker fangames came out, and scores of people played them. Most fangame-players aren't dedicated fangame-players, they just want something to meet their niche on a whim. I am not particularly immersed in the SuperTux community, but I doubt that there is currently a high demand for a SuperTux fangame. If popularity is your only goal, then you won't succeed with SuperTux.
If you won't be super popular either way, then is there a reason to make a SuperTux fangame instead of what you (presumably) really want to make?
I sure can't think of any.
I mean, if SuperTux is what you want, it's what you want. You should go for it. But don't do so to ***** downloads. You even admit that it's unlikely this game will be as popular as AM2R:
Sorry to burst your bubble, but your fangame probably won't be as popular as AM2R if you have to use Hello Engine to make it.
My game, probably. But what about Mushroom Kingdom Fusion, and Mario Builder? Those games definitely deserved their popular reputation.
So if you don't think its potential popularity will be problematic, why are you making drastic creative decisions based on an irrelevant precedent?