Not sure how its an 'indie scene' if they have a publisher supporting them, but nevermind.
Independent developer, so it qualifies. Also, the publisher is a fairly small starting out independent publisher, so that doubles it. They don't necessarily have to be without publishers when they're covered as long as the developer itself is one that doesn't have ties to any other company and doesn't have a substantial history.
Good point about Mario & Luigi Darkflame, slipped my mind - cheers for reminding me. Still, gotta agree it's a bit different to anything we've seen before!
There was quite a bit of coverage on this back in 2004 when it was a GBA title, but then it got moved onto DS and there's been rather little since. Cheers for the comments guys!