[crumblan]

It's infringement and it's fine that the content owners send out their C&D's. I doubt there is any malice, though. I seems more like they just loved the game and want it to continue in some form than they are trying to get attention.

[smartwater]

That is the incentive behind all the remakes, but it doesn't change anything. In life, intent doesn't mean much. It can be a slap in the face sometimes as well. Besides, commercial intent is inevitable when they start to grow.

[crumblan]

You are not correct on this one. Intent is greatly meaningful in life and under the law. Commercial intent with a derivative work is not inevitable, nor is their growth inevitable.

[smartwater]

I agree that intent can be meaningful in a court of law. But try the intent excuse with a woman or in a business transaction and it might not matter. Sure it could, but it's usually the end result that really matters. Intent translates to something along the lines of, "I tried, but something happened and now you're not getting what you expected" -- sounds like falling short to me. I'd much rather just get exactly what is expected and agreed upon.