These people always turn up to defend their corp of choice when they pull this shit, and they almost always pull this half-baked factoid out of their malformed rectums. It's not so much about the actual mechanics of IP and Copyright la as it is about defending the character of their beloved company.
"Oh Nintendo/Sega/Square totally isn't a soulless corp shutting down fan projects to protect the sales of half-arsed, quick-and-dirty ports they're selling for way above market value, IP law FORCES THEM to shut down these projects. It's not their fault!"
You can point out companies like Valve and Bethesda allow and even profit from remakes and remixes of their intellectual property without magically losing their IPs to the license fairy until you're blue in the face. To the initiated, the fact that Nintendo's attitude towards fan projects (and fuck it, anything to do with the internet) hasn't changed since the 90s is completely outside the company's control.
You want another example? Nintendo recently started firing off DMCA takedowns at people who upload their OSTs to YouTube. That'd be all fine and dandy if Nintendo actually sold these OSTs to the general public, or uploaded themselves. Or, you know, did fucking anything with them.
Even Sega, a company with all the cognitive capability of a dead goldfish and a history of pulling similar shit, recognizes you can't ignore this stuff. They brought on a bunch of fan-game developers to make Sonic Mania which, Sonic Cycle not withstanding, might not suck shit.
You folks are probably wondering why there's no No Man's Sky strip today. Honestly, the PC port is such a fantastic shit show I haven't played more than ten minutes of it. It's horrendous.