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Probably because these days, it's often found via scripts/bots. Either it's found via content-ID (it scans a video, finds a match for audio) or you included some trademarked term in your title or description (and I wouldn't be surprised if this gets non-related stuff too, especially when they do it in bulk for places like Github, itch, gamejolt etc). In some cases it might be from popularity or news coverage.
The obvious connection is that how would they even know you're using it as your ringtone etc.? Unless maybe you are in the room with a Nintendo lawyer for some reason. And also this might seem frivolous if word ever got out if something like this were tried (not that I think it'd stop them).
Though I should say that non-commercial "infringement" is pursued. They don't actually care if you're making money or not, just as they don't care if it's parody/transformative or not (they can DMCA anybody, the only punishment they get is if you fight it in court... but they have more lawyers than you). Distance yourself from their IP at all costs, even if you think they're "cool", and again if you've made all your own assets at least keep it out of titles and descriptions.