I think a lot of the plagiarism people will be eating their hat soon enough. These models are not "almost 1:1" as has been argued. Reading the Era comments on this are really funny. ResetEra Admin beginning the cope "I also want to remind people: You can commit plagiarism without actually being civilly or criminally liable for it. If Nintendo decides not to sue, or even if they try it and lose for whatever reason in Japanese court, that would not refute any of the basic observations made thus far."
Goal post successfully moved. Even if no lawsuit happens, even if nobody is liable, it is still plagiarism because from their perspective it is.