Doesn't this just mean that these servers need to remove their technic launcher packs and all is fine. Since otherwise they are not distributing the pixelmon mod, as far as I know. The server doesn't need to distribute it in order to run. Players will always find a source for the mod, there are enough services that re-distribute those files, unless they go after all of these, which is usually just a money waste, as new ones are popping out of nowhere again and again. But the demand (new players) is probably diminishing due to the additional difficulty and security issues regarding getting the mod. On the other side, they could probably go against those servers in another way, since most of them sell pokemons.
Fair use still has to deal with Trademark and copyrights which Nintendo has its rights. Now Pokemon is the intellectual property of The Pokemon company and Nintendo and has the right under "Fair use" on how their product is to be used. Now do remember that Nintendo is very protective of their products because of this many pokemon related are shutdown or sued like the case with Pokemon Uranium and Unofficial Pokemon PAX Kickoff Party As for Nintendo hiring copyright enforcement to shut down pixelmon servers. They can just simply go directly to Mojang or Microsoft to stop the use of their product in the game. If ever Microsoft or Mojang comply to this request they can just use EULA to stop the Major Pixelmon Servers or any Pixelmon related servers with this So if they said that Pixelmon is a no no to them then the Major servers and other server hosting Pixelmon has to comply to Minecraft EULA. This is but my speculations on what will happen to the servers now that Nintendo has its eyes on Pixelmon and that Nintendo and Microsoft are competitors is another reason for this but that's another story.
Mojang is not responsible for anything they didn't directly create or support, therefore they wouldn't have to shut down Pixelmon servers. The only thing they would have to do if Nintendo wanted to start enforcing their copyright like that would be providing the tools necessary for Nintendo to remove copyright-breaking content from the internet. However, as Slind has mentioned, there is nothing in the servers themselves that would break copyright, so they wouldn't really need to do anything at all.
as long as they don't shutdown SF2.5 , im fine ... wait are you guys planning to do so ?! ;A; nyooooooooooooooooo
