“It certainly constitutes copyright infringement (it’s a near direct copy of a protected work) and may also constitute trademark infringement (because they’re using both the name and the well-known ‘brand’ that is the Mario world of characters). “This is absolutely something Nintendo could take down if they wanted,” Saiva told GamesBeat. Jesse Saiva, who specializes in intellectual property protection at the Gleenberg Glusker firm, says that Nintendo definitely has legal grounds to stop the project. Nintendo released its own remake of Super Mario 64 for the Nintendo DS in 2004. The company has a history of releasing old games on new platforms, so it may not appreciate a free version of one of its biggest classics existing as a computer download. It also says that the project is not for profit, although this doesn’t ensure that Nintendo won’t put a stop to the effort. The group behind the remake says it will release the game on Linux, Mac, and Windows PC platforms. As you can see in the video below, the fan remake adds new models and animations to the 1996 platformer. A group of fans is creating an HD remake of the Nintendo 64 classic Super Mario 64.
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