2007 - Call of Duty 4 (Starting point)
2008 - Call of Duty: World at War
2009 - Call of Duty: Modern Warfare 2 (New engine, is somewhat good game)
2010 - Call of Duty: Black Ops (Uses the CoD4 engine)
2011 - Call of Duty: Modern Warfare 3 (Uses the MW2 engine, actually looks uglier from gameplay videos)
My point... Same gameplay, same weapons, new perks, old perks, new maps, old maps, and nothing new that is exciting.
Does he need permission for something that was public (Assuming it was public on another website)? If this was the case he didn't break anybody's privacy. Just saying.
Do you really know how hard it is to make a DSi-formatted site? Not that hard really. (Make a few HTML changes to the PHP file and BOOM, you have a DSi-formatted site... As long as you actually code the site properly.)
Honestly though, a DSi-Site really doesn't need to be fancy in my opinion. The browser is a bit dated and the hardware is really old. Trying to make the site look and feel like an iPhone/iPod/Android site is purely unoriginal, but that's cool.