This isn't software development, it's a war, and people need to get militant about guerilla software distribution because Nintendo and friends aren't stopping (this applies to fangames, hacks, tools, etc.). They have more lawyers and money than anyone has time to rightly fight using conventional means, and hitting people with casual lawsuits continues to work as a deterrent due to America's utter disinterest in protecting the rights of the individual against corporations.
Release software anonymously.
Use torrents. Avoid GitHub and mainstream services. Use usernames you don't associate with. Don't use your real name or link it to your real life. If you're desperate for attribution, divide it up so a library is on your GitHub but the app is not.
People need to examine what matters more to them, credit or doing the thing they're doing, and adjust accordingly, because in such cases it seems like you can either have the latter or neither at all of the two.
Release software anonymously.
Use torrents. Avoid GitHub and mainstream services. Use usernames you don't associate with. Don't use your real name or link it to your real life. If you're desperate for attribution, divide it up so a library is on your GitHub but the app is not.
People need to examine what matters more to them, credit or doing the thing they're doing, and adjust accordingly, because in such cases it seems like you can either have the latter or neither at all of the two.