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The copyright issue is tangential. You don’t have to train a model using unethically sourced artwork, just like you don’t have to build a structure using slave labor. Nintendo has the resources to legally protect themselves one way or another if they actually wanted to use generative AI.
The red cross symbol is actually not a generalized symbol and use of it is heavily controlled by the American Red Cross non-profit. There is a history of lawsuits against video games for using the red cross on medkits without permission. If a pharmacy in the US uses it, they no doubt had to seek approval.