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I wouldn't think so. J-Wittz does it and has never got into trouble. Nintendo/Gamefreak are cool like that. The only thing N/GF have done is sue Smosh because they knew they'd get a lot of money. Yeah go ahead! Good luck! Hope your podcasts and channel becomes sucsessful!
I agree. They should put Red and Blue on the eShop. People emulate Red/Blue/Yellow all the time, if they put it on the eShop then they'd make money from it. They could also make trading possible via Wi-Fi. If Ruby/Sapphire aren't remade then they should be on the eShop too.
Or they could do...
I've been playing since R/S and played every game to the end after that (excluding B2/W2) and have never seen a shiny! I got shiny Entei with the pre-HG/SS event but that's it! The worst thing is when i got my cousin to play Sapphire she got a shiny on about her 3rd badge whiile I was helping...