Possibility of Nintendo DMCA'ing obscure remakes?

[OssieTheOstrich]

One thing I noticed about most Nintendo fangame remakes that taken down is that most are competing with games that Nintendo is either:

• A) Still selling in one shape or form (be it Virtual Console or even official remakes)
  
• B) Currently developing something which a fan is unknowingly competing with.
  

So I was wondering: If Nintendo takes down fangame remakes that compete with something they're already selling, then what about remakes that are of games you can't get from them legitimately? (mostly because they aren't selling them in any shape or form)

Examples of such remakes would be like:

• Hotel Mario
  
• Mario is Missing
  
• Mario's Time Machine
  
• Mario's Game Gallery/Mario's Fundamentals
  
• Mario Teaches Typing 1/2 etc
  

Would Nintendo go as far as taking down those? Because if yes, then that would mean they'd acknowledge projects which they are not really fond of/would like the public to remember.

also huh, first forum thread of 2022

Other socials:
Sonic Retro
NCFC
YouTube

List of projects I eventually plan to finish after the indefinite hiatus is over, assuming I don't abruptly cancel them:

Spoiler

Mario's Rather Unusual Trilogy (Mario's slightly unusual Boss Rush (Completed), Mario vs. Some Unusual Foes (In development), Mario's VERY Unusual Final Frontier (In development))
Sonic's Foray into Random/Unusual Zones (spin-off of Unusual Trilogy, in development)
Angry Birds Slingshot Frenzy (In development)
Super Mario Flashback: Really Good Edition (In development)
Super Hilda DX (In only conceptual phase)

Yes, I am aware that I have about 6 or so fangame projects currently in development at the same time. And yes, I am also aware that all of this is very ambitious.

+ List of projects I'm helping out with in some small capacity during my hiatus:

Spoiler

Super Mario Bros Dimensions 2 (as a spriter, only for Mario's sprites)
MFGG Community Fangame Project 3 (as a spriter)
WordGirl ReWired (as a artist)

[Vert]

The CD-i fan remakes seem to indicate that no, they wouldn't really care. Those have been up without problems for a few years now I believe.

[OssieTheOstrich]

One thing I kinda want to add to this:

Apparently Super Mario Run didn't do very well for Nintendo, so much so that the game's failure was the reason they shifted to a micro-transaction kinda model later on.

So, would remaking that in one shape or another be DMCA worthy for them?

Other socials:
Sonic Retro
NCFC
YouTube

List of projects I eventually plan to finish after the indefinite hiatus is over, assuming I don't abruptly cancel them:

Spoiler

Mario's Rather Unusual Trilogy (Mario's slightly unusual Boss Rush (Completed), Mario vs. Some Unusual Foes (In development), Mario's VERY Unusual Final Frontier (In development))
Sonic's Foray into Random/Unusual Zones (spin-off of Unusual Trilogy, in development)
Angry Birds Slingshot Frenzy (In development)
Super Mario Flashback: Really Good Edition (In development)
Super Hilda DX (In only conceptual phase)

Yes, I am aware that I have about 6 or so fangame projects currently in development at the same time. And yes, I am also aware that all of this is very ambitious.

+ List of projects I'm helping out with in some small capacity during my hiatus:

Spoiler

Super Mario Bros Dimensions 2 (as a spriter, only for Mario's sprites)
MFGG Community Fangame Project 3 (as a spriter)
WordGirl ReWired (as a artist)

[Roo]

"Would remaking a game they're selling right at this very moment be DMCA-worthy?"

Gee, I dunno. Why don't you try and tell us how it goes.

Ye Olde MFGGe Jamboree | supra binyot lande | My Dumb Art Blog

[Wigbert]

Here's the skinny: If the Big N comes at with with a Cease&Desist, just keep on doing what you're doing.
The fact is that in order to sue you Nintendo has to prove that because your game exists it made them lose money. [At least in the USA.]
The problem with that is that it's almost impossible to prove.

I always figured Waluigi had a very normal job like a mechanic or something else that wears overalls.

I also have a Zelda theory that bases everything after OoT on the idea that Ganon is being tested to see if he's worthy of the Triforce. 
Three timelines: power, courage, and wisdom.

[OssieTheOstrich]

"Would remaking a game they're selling right at this very moment be DMCA-worthy?"

Gee, I dunno. Why don't you try and tell us how it goes.

Well, if you put it that way, it kinda does sound like a "Ask a Stupid Question" sorta orderal.

Though, the funny thing is, I was actually considering to remake Mario Run at some point, but I never ended up doing any programming work on that.

And it's probably a good thing I didn't end up doing it.

Other socials:
Sonic Retro
NCFC
YouTube

List of projects I eventually plan to finish after the indefinite hiatus is over, assuming I don't abruptly cancel them:

Spoiler

Mario's Rather Unusual Trilogy (Mario's slightly unusual Boss Rush (Completed), Mario vs. Some Unusual Foes (In development), Mario's VERY Unusual Final Frontier (In development))
Sonic's Foray into Random/Unusual Zones (spin-off of Unusual Trilogy, in development)
Angry Birds Slingshot Frenzy (In development)
Super Mario Flashback: Really Good Edition (In development)
Super Hilda DX (In only conceptual phase)

Yes, I am aware that I have about 6 or so fangame projects currently in development at the same time. And yes, I am also aware that all of this is very ambitious.

+ List of projects I'm helping out with in some small capacity during my hiatus:

Spoiler

Super Mario Bros Dimensions 2 (as a spriter, only for Mario's sprites)
MFGG Community Fangame Project 3 (as a spriter)
WordGirl ReWired (as a artist)