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Re:EA Is Releasing Command and Conquer and Red Alert’s Sourc... by pathartl on Friday May 22, 2020 @05:05PM (#23277024)
It's decompiled and reassembled code and completely legal. The port binary that is floating around is not legal because of embedded assets. Sure it's not the same as intentional source code releases, but it's still a code base that is going to be passed around from platform to platform.
Re:EA Is Releasing Command and Conquer and Red Alert’s Sourc... by bdowling on Friday May 22, 2020 @06:34PM (#23277839)
> It's decompiled and reassembled code and completely legal.

If it’s created by disassembling Nintendo’s code, then it is derived from that code and it infringes Nintendo’s copyright.

Re:EA Is Releasing Command and Conquer and Red Alert’s Sourc... by pathartl on Friday May 22, 2020 @06:48PM (#23277955)
Re:EA Is Releasing Command and Conquer and Red Alert’s Sourc... by bdowling on Saturday May 23, 2020 @12:51AM (#23280002)
According to your link the situations in which decompilation is legal are extremely limited. For example, under EU law, (1) "a person or entity must have a licence to use the program to be decompiled" and (2) "Article 6 prescribes that the information obtained through decompilation may not be used for other purposes and that it may not be given to others."

Anyway, I'm not saying that the Super Mario 64 decompiled code project isn't cool, because it is. It just probably infringes Nintendo's copyrights in the code, not just in the assets like levels, graphics, and music.