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Maybe they are working on it. First a cease and desist letter. If they do not comply or respond, then collecting evidence, preparing an attack. This is not a small company they would sue against, and Nintendo does not want to lose it. It takes time.
I sure hope so. Last night I also saw an Ocarina of Time rip off, complete with Zelda music, saying something outrageously wrong like “Trump is working hard…” Not that I waa gonna buy the OoT remake anyway, but I’m definitely going to be pissed if they let that shit slide after everything they’ve done to the world of emulation.