Which means it's not just a typical copyright situation. This isn't a copyright infringement, it's a trademark violation, and unlike with copyright, companies HAVE to protect trademark. Copyright infringement can have discretion and there's no downside to letting a fan project be, but with trademark violations, the company HAS to take action, or else their IP can be lost entirely. Legally speaking, something like this poses a direct threat to the IP holder in a way AM2R didn't.
Viewing post in How is this not going to get a Cease & Desist within days?
It only becomes a problem if a product actually gets popular enough to reasonably cause brand confusion to the point of being genericized. Some fan remake of a nearly 30-year-old game will not cause confusion with the actual original Link's Awakening game for the Game Boy. Yes, a company should be somewhat proactive about defending their own trademark to prevent it from being deemed genericized, but not every little case of a fan work has to be fought against even though yes, you could. It's pants-on-the-head stupid and not even Nintendo does that as Moon Channel himself emphasizes. Yet your average follower of him forgets this nuance and it's why a channel like him can be so dangerous: because he's a lawyer, people partially and uncritically accepts everything he says without being able to finish the rest of the mental work and it's also on him for not using his own position as a lawyer to try and criticize this.
Incorrect. The dude straight up said " This isn't a copyright infringement", which it most certainly is.
Not only are the assets here copyrighted material, but the software also serves as a replacement to the original piece.
If you either scanned the pages of a book or went the effort to retype the book without the rights to copy it, you are violating the copyright. This isn't just trademark infringement.
Do I completely agree with the current absurdity of these laws?
The answer to this would be the same to the following question:
Do I make the laws?