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That point is disputed on both legal grounds and the benefit to the game industry. According to some legal theories, it's believed that failure to enforce copyrights and trademarks in one circumstance can allow more serious breaches later on. This is probably less out of maliciousness than a desire to set precedent.
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Nintendo is infamously protective of its intellectual property, including fan projects that aren't designed to make money.
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The game is currently available to download from Google Drive, but how long it will remain online remains to be seen. He can't be used as a platform, and there are no enemies for him to possess - presumably because of the work enemy AI would demand for a simple proof-of-concept. There are, naturally, several drawbacks to the scaled-back gameplay, such as a reduced moveset for Cappy. A developer speedrun with 100% completion clocks in at just over 1 minute and 32 seconds.
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The project is said to have taken two days and deliberately stripped out level elements like controllable frogs, though less out of necessity than enjoyment. It even includes five collectible moons and 35 red coins, some of which players may need Cappy to reach. The demake, created by TeddyRoseKidd and highlighted by GamesRadar+, includes just a single level but supports moves like dives, hat tricks, triple-jumps, wall jumps, and ground-pounds. Related: Super Mario Odyssey Recreated In Super Mario 64 By Modder The setting shifts between a range of different backdrops, from deserts to New Donk City. Super Mario Odyssey, first released in October 2017, is a fully 3D game in which the player can move in any direction. As with most recent Mario games of that kind, it also contains a number of moves meant to take advantage of extra dimensions and better controls, like tossing Mario's sentient hat friend Cappy. The fan project has even been given a simplified two-button control scheme, accounting for the limited scope of the original NES gamepad. A streamer has gone to the effort of creating a free, 2D "demake" of Super Mario Odyssey, envisioning how the Nintendo Switch game might look on the original 8-bit NES.