Full Screen Mario Takedown Notice 13 years ago
I suppose that according to current copyright legislation they did "steal" the Mario character.
Maybe the point is that the copyright laws are wrong.
If the website is correct, and Mario debuted in 1983, it means he has been a character for 30 years now. Mario (the character/the game) is part of our collective culture.
If anything, the website was an expression of that.
I don't think anyone is arguing that Nintendo doesn't have the legal right to shut down the website. The question is should they have that right?