Disclaimer, I am no legal advisor so I do not guaranty that any of the information here are true
If the infraction can remove income of any kind, now or in the future to the IP owner, they can charge me with damage, in this case they could argue that this fangame would make them loose income if they ever planned to make a remake to Minish cap
I could try to defend it but I have no lawyer nor the intention to risk it all for a fangame
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