Nintendo has no right to abuse the DMCA. this game is not making a cent and you guys have the nerve to take this game down because its hurting a small profit. Piss off
Gotta disagree with you there my man. Copyright is for preventing someone from copying someone else's work. Nintendo didn't create a single asset in this game, except the concept of mario, and concepts can't be copyrighted, only "physical" works. Concepts can only be patented and maybe trademarked but trademark isn't handled with DMCA requests anyway.
Nintendo may have not created the art assets in this game but this IS Nintendo's Mario. Anyone looking at it (and the scenery) would ID it as Suler Mario Bros 1. It's derivative out the metaphorical ying-yang. The character and the environment (as I've seen in screenshots).
Mario, in and of himself, is a work not simply a concept. He is way to defined for "concept". A plumber who saves a princess is a concept. A plumber with a big nose, red jumpsuit, red hat with some emblem on it jumping on monsters acorns call goombas is very defined. And video games are a medium recognized by copyright law. Saying it must exist physically is very broad in copyright, mostly just requiring it be recorded somehow. Not just in your head.
That not even including the trademark issues.