As Polygon points out, this definitely is a legal gray area. I mean, technically Nintendo never released Star Fox 2. The game was pretty much complete back in the 1990s but the company decided to scrap its release in favor of working on Star Fox 64 for the Nintendo 64 instead. At the time, Sony was already tearing up the market with the release of the original Sony PlayStation, and so Nintendo felt it was a better route to focus on the N64 instead of a sequel to the original SNES release of Star Fox. Additionally, the SNES was pretty much topped out by that point and there was nothing else left to squeeze out of the system. Instead of drawing blood from a stone, Nintendo went the more sensible route by upgrading and focusing on the bigger, beefier hardware.