it's just the same as "Private Servers" in ragnarok ,
gravity tends to hunt them down backthen , but nowadays private server seems just fine everywhere ,
but they're still in they grey area .
the safest route of not getting tackled is , taking "donations" by paypal etc , by law you can't be sued by "profittable law" even if u copied other's content if u just use "donations" system instead of "item mall" or in game money currency ,
which im pretty sure , that is what these two pokemon games u said are doing right now ,
with this , you guys are still in the grey area . but safer