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!