Yeah, I seem to remember a very similar project (resurrecting this game in HD) being DMCA'd to hell and back a few years ago. Has Nintendo eased up in recent years?
He's not trying to resurrect the game though, he just wrote a character controller so you can implement mario-like control in your game and showcased it with assets from the mario games. Still, I expect Nintendo to come calling any day now and demand that he remove all assets he ripped out.
When that happens, I suggest he call it Dangerous Dave Controller.