I don't disagree, but at least some money would come my way. Currently no money comes. And yeah, I could build my own game with my own characters instead of modding old ones, but why? It'd be fun to put a silly hat on Starfox and make him into Piratefox and make him go yarrrr as he blasts all the innocent bad guys. I wanna try it and I wanna sell it and it'd be hilarious and benefit society and it's stupid I can't.

To be precise, the argument goes like this: Star Fox 64 is not currently generating any economic benefit for Nintendo. It doesn't harm Nintendo for someone to make a derivative work of it. In fact, I'd be more than happy to cut a deal with Nintendo and just give them most of the money. The problem is that no one tries to do this, and we all lose what could have been made.