>>715989361This. The way I see it, the composer's job is to make a good soundtrack. Copying songs is unethical, but there's degrees to this. A NES/SNES games where the musician isn't collecting a dime on it anymore is fine, because they cannot benefit from you contacting them and asking them for the melody.
Not only that it's transformative. Toby used the melody, but he didn't use the song. That's a big difference.
On a moral and workmanship angle, I can't find fault in Toby's practices. At most I can say that he should go deeper and steal classical melodies because classical /mu/ threads on /v/ would be great to see.