Pretty sure they are a form of parody, and should be protected as such. Can you afford the lawyers to fight Nintendo's legal team? Not many can, and that's how the large companies shut things like this down. They know an actual legal battle would go against them, but depend on the fact that almost no one but them can afford to fight that battle.Why aren't porn games protected under parody laws like porn films?
I remember several years ago 2 big budget porn films came out the same year and both featured Batman. One was inspired by The Dark Knight and won best drama and the other was inspired by the Adam West Batman from the 60s and it won best comedy at the AVNs that year and neither WB or DC comics said a goddamn thing because they were protected.