well it is a fan game, so if I get their sdk, I will be under their control. and people will saying it is illegal.
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I agree, but my options are limited because I do not want Nintendo code in this game, otherwise I risk my game facing issues
Well, if you are going to publish the compiled game, that's indeed not allowed to be posted (outside of certain other sites), but nothing prevents you from adapting the source to the official SDK and telling others how to compile it themselves