AM2R was taken down specifically cause it was coming within a short window of Nintendo's own official Metroid 2 remake. It was in the same space as an official product, meaning actual concerns about "why buy the official one when the remake exists" were a thing.
You could argue this does a similar thing to what the Switch remake did, but that was years ago. This won't inhabit the same space as that.
also pretty sure the last thing the dev wants to hear after releasing this is potential legal ramifications cause knowing fan game devs and being a bit of one myself it's something we're well aware of. How about discussing the game itself instead of externalizing those concerns by talking about how legal issues are TOTALLY guaranteed?
Viewing post in How is this not going to get a Cease & Desist within days?
Uhh... I wasn't the one who brought up the topic in the first place, I just replied to it. Complain to someone else not me. There are others in the conversation who are much more certain it will be taken down than me.
I also didn't say they are totally guaranteed. This might be fine. If there was retaliation from Nintendo I also wouldn't expect anything besides a takedown notice being issued to itch.io - especially as the creator isn't trying to profit from it.
This is an amazing fan project and I hope it survives long into the future!