It doesn't infringe any kind of intellectual property.
This isn't copyright infringement; it isn't based on the original assembly code or artwork. A game concept can't be copyrighted. Even if one of SI's game mechanics were patented, it would have long expired. Trade secret doesn't apply in this situation.
That leaves trademark. No reasonable person would be confused whether Simon is trying to pass this creation off as a genuine Space Invaders product.
> No reasonable person would be confused whether Simon is trying to pass this creation off as a genuine Space Invaders product.
There may be no reasonable confusion, but trademark holders also have to protect against dilution of their brand, if they want to retain their trademark. With use like this, people might come to think of Space Invaders as a generic term for all games of this type, not the brand of a specific game.
(there is a strong case to be made that they already do, granted)
This isn't copyright infringement; it isn't based on the original assembly code or artwork. A game concept can't be copyrighted. Even if one of SI's game mechanics were patented, it would have long expired. Trade secret doesn't apply in this situation.
That leaves trademark. No reasonable person would be confused whether Simon is trying to pass this creation off as a genuine Space Invaders product.