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Legality of Fangames


Slingerland

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Cool article on Gamasutra about making your fangame "suit proof." You guys probably know about all this shit (like, I sure as hell already knew), but it's just neat to read a lawyer who specializes in game copyright protection speak on the subject.

Clone Games and Fan Games - Legal Issues

I don't know how much this article applies to us, because SEGA has always been cool and left us alone. How nice of them.

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Yeah. It's always best to make sure. I just remember Ace Spark e-mailed Capcom a while back. Anyway, it wouldn't hurt to ask. They worst they can do is well, sue. But, I doubt they'll go that far. Mostly like you get a 'no' as a negative response. It would nice if had a sticky of like an official word from Sega or whoever. Nintendo however, is another story. If I recall, they tired to stop, MMFG like, twice.

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Hmm, I'd like to "ask permission" just to see what would happen. I'm kinda curious as to the actual response I'd get (or lack thereof?). Nice article though.

Anyway, I'd only imagine that they would take legal action against you if it was worth their time and money. In such a case, your fangame would potentially have to be comparable or even better to the products of the game company e.g. the likes of Chrono Resurrection. But given the general nature of fangaming, that can be long shot by any means. Unlike the RIAA, however, game companies don't like to piss off the people that love what they make/distribute, which may be why I can't find many examples of them suing fangames.

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Yeah, Capcom doesn't mind either. Hell, they even have a fangame or two on their Capcom Unity thing.

So let me get this right.

if you use sprites, backgrounds etc, from a game, putting "All rights belong to sega / capcom" or "All content owned by sega / Capcom" in the game , can't be a way to make it "safe" so to speak?

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My greatest concern is not the copyright of the characters, but the content themselves. We've been using sprites and music that is illegally ripped from illegal copies from trademarked game. But then again, I'm not sure about these myself: I've seen Insomniac games use a megaman sprite from MM7 in their Ratchet and Clank Future: TOD.

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My greatest concern is not the copyright of the characters, but the content themselves. We've been using sprites and music that is illegally ripped from illegal copies from trademarked game. But then again, I'm not sure about these myself: I've seen Insomniac games use a megaman sprite from MM7 in their Ratchet and Clank Future: TOD.

Holy crap, are you serious? That's certainly grounds for a suit, considering the commercial nature of that game.

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Nintendo however, is another story. If I recall, they tired to stop, MMFG like, twice.
Nintendo never tried to stop MFGG before; some "watchdog" group saw the use of Mario on the site and fired off a C&D to the emulationzone webmaster, and many people now think that C&D was illegitimate.
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There was Chrono Trigger hack was was suppose to have been released sometime late last year or early this year. A "Watchdog" to Square a lie that the group intended to sell that hack. Square then issued a C&D. Supposedly, that watchdog as jealous noob or just an ass.

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So, pretty much what happened to that Chrono Trigger hack?
No, that was Square/Enix going after someone using the Chrono Trigger IP. They've shot down a Chrono Trigger fangame in the same way, too. However, if you use Final Fantasy, they don't seem to care...

That's not to say Nintendo hasn't done anything similar. There was a Metroid II remake that was to be in 3D using... I think it was one of the Quake engines? But Nintendo shot it down, too.

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I seriously don't care lol. Any fan game that I make isn't going to be blasted within the fangame community like other ones that were shut down. If someone tries to contact me about my game to take it down, It'll be after my game is finished and available for download, and by that time I'll just ignore them lol. "Oh, I really don't check my email that often"... :)

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