Well the whole thing has changed nowadays with the virtual console, so I think the legal footing on any nintendo property has definitely been highlighted, besides the fact as well that Nintendo is an ESA member, and the ESA cracks down hard on any site that hosts a Mario game made by Nintendo. (Not like the PC Mario games here, which were actually licensed by Nintendo to Interplay)
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http://www.last.fm/user/DeathDude/ Upcoming Concerts will be attending 5/10/08: Dream Theater, 5/12/08: Gigantour, 5/16/08: Nightwish, 5/27/08: Rush, 6/5/08 and 6/6/08: Iron Maiden!!, 7/27/08: Judas Priest
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