The NES one got attention and I haven't heard any backlash from Nintendo about it. I know about their past. He's not running a rom site though, giving away their games. It looks like there's maybe going to be 1 machine in Portland running DK with changed graphics. I don't see what loss Nintendo would be incurring because of it. The only thing it will do is make DK more popular. D2K has been for sale for years. There are sites that sell NES carts with programs that were extracted from the Wii dlc crap. Nintendo hasn't said a word about any of it that I have heard.
Also go look at his website. He made multi/enhancement kits for over a decade. All illegal technically, and all nobody gave a shit enough to sue.