I hate the fact that everyone is paranoid about getting a lawsuit nowandays. As long as they don't actually sell it, we'll be okay.
And why would this game be on the DS in the first place? It looks like it would work better on a PSP 
I just hate to see good projects get shut down because of some assholes sending C&D letters or something. It happened with a project called Chrono Resurrection, and that really was an awesome project. And this is always the risk with sequels of commercial games/spinoffs, etc.
But yeah, this game has pretty much reached the high status. I'm glad it's still around for everyone to play.