Hes an indy game dev making an adult game from who knows where.
Viewing post in PokeLewd: for Waifus (A hentai/adult pokemon game) comments
he 'll be working on this for god knows how long. he should find an answer to this as early as possible. supporters/patreons are also gonna want to know before investing.
if it is completely free, it might not be an issue. I have no idea, but he should have answers so he can focus on his project. Nintendo have been very protective of their IP in the past.