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The racer Krunch wasn't originally designed as a Kremling. According to former Rare artist Kevin Bayliss (in a now defunct Facebook page for Rare alumni), the character predated the conversion from Pro-Am 64 to Diddy Kong Racing and was originally a generic crocodile character, brought in to introduce a "bad guy" into the game's roster.
When it was decided to incorporate Diddy Kong into the game and change the title to Diddy Kong Racing, it was also decided to turn the crocodile character into a Kremling named Krunch, perhaps to better tie it into the new Donkey Kong-infused lore. The decision to turn Krunch into a Kremling, a Nintendo-owned species, also automatically gave Nintendo the rights to the character as well, even retaining said rights after the Microsoft buyout in 2002, whereas all the other Diddy Kong Racing racers outside of obviously Diddy are now owned by Microsoft.
When it was decided to incorporate Diddy Kong into the game and change the title to Diddy Kong Racing, it was also decided to turn the crocodile character into a Kremling named Krunch, perhaps to better tie it into the new Donkey Kong-infused lore. The decision to turn Krunch into a Kremling, a Nintendo-owned species, also automatically gave Nintendo the rights to the character as well, even retaining said rights after the Microsoft buyout in 2002, whereas all the other Diddy Kong Racing racers outside of obviously Diddy are now owned by Microsoft.
Source Gaming article on Krunch's history:
https://sourcegaming.info/2017/11/15/new-content-approaching-krunch/
DKVine article on Diddy Kong Racing's copyrights:
https://dkvine.com/?p=news_body&post=6391
Rare scribes confirming that Krunch is still owned by Nintendo:
http://web.archive.org/web/20070628215552/http://rareware.com/extras/scribes/25jun07/index.html
https://sourcegaming.info/2017/11/15/new-content-approaching-krunch/
DKVine article on Diddy Kong Racing's copyrights:
https://dkvine.com/?p=news_body&post=6391
Rare scribes confirming that Krunch is still owned by Nintendo:
http://web.archive.org/web/20070628215552/http://rareware.com/extras/scribes/25jun07/index.html
Comments (1)
So the characters in Diddy Kong Racing that weren't promoting upcoming Rare games other then Diddy and Krunch are owned by Microsoft, despite being able to get featured in the remake. Clearly this is supposed to be part of the Donkey Kong series, thus making the game Nintendo property.
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