The issue is the dev asked Valve for permission, so if they give the go ahead Nintendo has a case that valve condoned and allowed it.

If the dev used the open source tools it wouldn’t matter, they used the proprietary Nintendo tools that aren’t publicly available.

There is open source tools, but to port everything over would take too much time.

They could have given a different answer, or worked with them to find a solution, but they went with the cheapest and easiest.

As I said earlier, fans excuse and hide the rest.

Portal 64, they used the non open source code/tools, so Nintendo does have a bit of a case, hence why they are hesitant to give permission after the dev asked them.

One of those if they never asked, probably wouldn’t be an issue since valve never “knew of it”.

They also told a dev to stop developing a game since if they gave the go ahead Nintendo could potentially go after them.

They care about money more than anything else, just like any other corporation.

They used to disallow adult games, they don’t allow NFT or crypto.

They have drawn plenty of lines, and moved them when it benefits them. They are just like any other corporation, they just hide it really well and the fans forgive or hide the rest for them.