Ahh, but what is game code by definition? Does Game code not dictate what graphic tile goes where? Does game code not dictate what pallet is used to color said graphic tile?
To answer the question, no. The video hardware handles this. But why don't you ask a programmer? Oh hey, I'm a programmer. Ask me.
I'm not going to bother explaining to a non-techy how the hardware and programming works just to try and change your preconceptions, that I sense is futile. But you can see for yourself from this list that each set of data is on its own chip(s): See here:
http://www.brasington.org/arcade/tech/dk/You could swap out a chip with your own set of new "moving objects" or your own set of new colors and there's absolutely nothing illegal about that. In fact, the new set of graphics would be copyrighted by YOU the creator of those new graphics.
It's only infringing if the DkII chip still has some original data on it. (Something we can't know for sure without dumping this new chip and comparing it with the original).
But picture this ok... you own a DK board but it's not working properly. You send it to someone to fix. In order to repair the board, Mr. Repairman must replace a few ROM chips. In order to do this, the replacement ROMs must be burned with the correct data. Since the old chips are broken or corrupt, where does this data come from? You cannot buy them from Nintendo. So the service person takes another working DK board, and dumps the data from those chips onto his PC. He then burns this data to the new chips, then installs them on the board. Game works like new again. He sends it back to you and you pay him for his services.
TECHNICALLY, if you want to be an ass about it, that repair person just broke copyright law TWICE. Once when he created a copy on his PC and a second time by burning the data to new chips. There's no way in hell Nintendo are going to provide repair services for a 25 year old game board. But people like HARRY would like to see Mr. Repairman turned in to Nintendo. How nice of him. (And don't try to say
"well that's different, this guy is SELLING his hack". The repair man gets PAID too).