Nintendo, of course, rarely takes kindly to unofficial fan games making use of its copyright protected IP. As such, a ROM of New Super Mario Bros DS and a compatible emulator for Windows, Mac, or Linux is required to play the game, immediately placing its use in legally difficult territory. Newer Super Mario Bros DS was made using the New Super Mario Bros Editor (AKA NSMBe), a popular community tool for PC that released long before Super Mario Maker, Nintendo's own, official level editor effort on Wii U.

If nothing else, it's an impressive undertaking, and looks incredibly, authentically slick in the accompanying launch trailer. There are new and updated game mechanics, a returning power up, and a new (and faintly shrill) soundtrack featuring both original and Nintendo compositions.

The game offers 80 new stages spread over eight maps, and features a mix of original assets, and assets from Nintendo's 2006 New Super Mario Bros DS game. Enterprising fans have designed and released a full 80-level sequel to New Super Mario Bros DS, known as Newer Super Mario Bros DS.