It's up to them whether or not to claim copyright violation. Fair Use is fine and dandy but they can still make that call at their discretion.
That's not what I'm arguing. We cannot control what Konami says or does, but at the same time lurking in the dark and cowering at potential shutdowns isn't a good option either.
Some things are worth taking risks for, and for plot this is one of those things.
But it's clear you're either too dense or too stubborn to grasp the notion that some people are completely fine working against those risks for the sake of doing what they enjoy. THe line is drawn at trying to claim copyright where none exists or attempting to monetize, neither of which plot is doing.
Yes, he said THIS SHIT'S MINE PLEASE DON'T STEAL, but he's not actually suggesting he OWNS the copyright on the name or characters; rather, he's putting his foot down on the work that's been done. Even if the content isn't originally theirs, and artist can still say "hey, I made this, don't be a fucking asshole and steal it, alright?" and be within, to a degree, their legal right.
There's a world of difference between copyright claim and creative claim, and you don't seem to be understanding that.