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https://github.com/phoboslab/wipeout-rewrite hasn't gotten any flack and it's rewritten from the PC leak.

It's probably fair use. There's no harm to the market for the original work (ROMs and assets aren't shared, only the decompiled/recreated code), it's not made for profit/commercial use, the nature of the use and work is about the code and not the artistic aspects of the game, etc.

Nintendo hasn't gone after the repos because they have a very solid fair use defense. They have, however, taken action against shared EXEs derived from that source code which DO contain the copyrighted SM64 assets. The fact that they went against that and not the code-only project shows they probably agree with this analysis.

Now's the time for open door and start it! Don't look back so nothing to lose / Party just goes on!!