I don’t think thats how it works for copyright. You have to defend your trademarks to keep them but for copyright, you can decide who can use it rather arbitralily.
Especially allowing a release of an old game on platform you don’t support which would not really compete with you.
It’s not about whether it competes. It’s about whether a “reasonable person” could confuse it for being an authorized product of the IP owner. In this case, people could confuse it with both a licensed Nintendo product (since it runs on original hardware) and it could be confused with an official Valve release (since the content is an exact (as possible) recreation of the levels and assets from the original game.
I don’t think thats how it works for copyright. You have to defend your trademarks to keep them but for copyright, you can decide who can use it rather arbitralily.
Especially allowing a release of an old game on platform you don’t support which would not really compete with you.
It’s not about whether it competes. It’s about whether a “reasonable person” could confuse it for being an authorized product of the IP owner. In this case, people could confuse it with both a licensed Nintendo product (since it runs on original hardware) and it could be confused with an official Valve release (since the content is an exact (as possible) recreation of the levels and assets from the original game.