I don't know much about Link's Awakening DX HD. But I'm curious about three things:
Did Link's Awakening DX HD have a price on itch.io or was it a free or pay-what-you-want thing?
Did they distribute assets from Link's Awakening along with the engine, or was it just the engine with a tool to extract the assets from a Link's Awakening ROM?
The author released 1.0 so I think he pretty much finished it up before releasing the timebomb, which was smart. And yeah I know the 1.0 naming convention doesn't really mean anything but I think he is implying that this was his full more polished release. He must of known this was coming everyone did.
Too bad it was never open sourced. Seems like someone could have stripped out the assets, made a tool to extract assets from the ROM, and the result wouldn't infringe.
Maybe the author would be willing to open source the engine with no assets now. We can hope, I guess.
Just seems like it wouldn't have taken that much more work to make it less likely to be taken down by threats from Nintendo.
Edit: I wrote this response before I saw @nanoUFO's response about it having been open source.
Edit2: I just realized the GitHub repo doesn't indicate what license that code is under. So, not FOSS and it's unclear what's legal to do with that code.