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Thanks for the answers!
Too bad it was never open sourced. Seems like someone could have stripped out the assets, made a tool to extract assets from the ROM, and the result wouldn’t infringe.
Maybe the author would be willing to open source the engine with no assets now. We can hope, I guess.
Just seems like it wouldn’t have taken that much more work to make it less likely to be taken down by threats from Nintendo.
Edit: I wrote this response before I saw @nanoUFO’s response about it having been open source.
Edit2: I just realized the GitHub repo doesn’t indicate what license that code is under. So, not FOSS and it’s unclear what’s legal to do with that code.
Actually check nanoUFO’s reply to me, someone forked it so the source is available and can be compiled.