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Author Topic: Are Fan Games Legal?  (Read 11436 times)

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Re: Are Fan Games Legal?
« Reply #40 on: October 04, 2006, 04:47:04 pm »
  • Minalien
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Quote from: Kame on October 04, 2006, 04:43:19 pm
I have a more interesting question now. Hypothetically, if I were to make a zelda fangame, but used custom sprites, tiles, sounds, etc. and did not include the name The Legend of Zelda in my game, would it be a legal game now? Because, each new Zelda game uses new characters, assuming I did the same, I wouldn't use any of the same characters. Arguably, I would be using Link, however, almost all Zelda games allow you to choose your own name and then refer to you using that name. If I did the same, then it would be left entirely up to the user to call themselves Link, so I wouldn't be infringing copyrights there. Can games be deemed illegal due simply to similarities?
look at all the GTA ripoffs then ask that again XD
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Quote
There's such a double standard about religion in the modern world. Catholics can gather, wear white robes, and say "In nomine Patris, et Filii, et Spiritus Sancti" and be considered normal.

But if my friends and I gather, wear black robes, and say  "Ph'nglui mglw'nafh Cthulhu R'lyeh wgah'nagl fhtagn", we're considered cultists.
  • Development Blog
Re: Are Fan Games Legal?
« Reply #41 on: October 04, 2006, 08:30:26 pm »
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Erm... what? :P
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Re: Are Fan Games Legal?
« Reply #42 on: October 04, 2006, 09:41:34 pm »
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I am not sure what he is referring too, but I think that it is Rockstar's stance on fangames.  There was somebody who made a GTA for the NES as a fangame, and Rockstar did not have a problem with it.  In fact, they said it was kind of neat.  They also said, however, that profitting off of it was wrong and it is. 

I think that companies like to take a public relations approach to fangames.  If Nintendo for example hated it so much and they cracked down on everyone who tried making a fangame with their intellectual property, then a lot of people would not like Nintendo as a company.  All companies really hate is other's making a profit off of Nintendo's work and ideas, and that is justifiable.
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Re: Are Fan Games Legal?
« Reply #43 on: October 05, 2006, 08:39:34 am »
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OK, I'm going to say something because this is really annoying me.

Graal Online didn't start charging money until way AFTER they got rid of all the copyrighted material
and had all original stuff. Which means if Nintendo tried to shut it down, graal online was making no profit at that time.
I remember this because I played Graal Online before it became pay-to-play, and there was no Zelda sprites in it at all.
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  • Knighty Games
Re: Are Fan Games Legal?
« Reply #44 on: October 05, 2006, 10:09:23 am »
  • Master Of Disaster
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Quote from: Kame on October 04, 2006, 08:30:26 pm
Erm... what? :P
He means all the gta-styled games, like saints row etc, if understood correctly. Pretty much the same idea, but with different missions (they can be very similar though) and graphics. They can't be sued
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.TakaM was here
  • Lumeuni
Re: Are Fan Games Legal?
« Reply #45 on: October 05, 2006, 10:26:18 am »
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That might be an interesting approach to Zelda Fangaming then. Not that anyone would do it, because spriting is hard work and people are just too lazy to custom-sprite everything. :P
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Re: Are Fan Games Legal?
« Reply #46 on: October 05, 2006, 08:03:49 pm »
  • Txet Lanosrep
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Quote from: Antidote on September 27, 2006, 04:07:31 am
Nintendo is very fair about their games, it's other company's you have to watch out for (ie: Sony, Microsoft, Retro, and a whole host of others)
So as long as you give credit i think you'll be fine
XD Me?  Watch out for me dammit...

Anyways, I wouldn't worry about Microsoft and Sony, there way too big to be picking on smaller fan games but as soon as you get tons of downloads, it may be a problem.
« Last Edit: October 05, 2006, 09:02:37 pm by Retro »
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Retro
  • TITANIC
Re: Are Fan Games Legal?
« Reply #47 on: October 05, 2006, 08:39:22 pm »
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Well, there go all my plans for "Gridblaster MQ DX". Great. Now what do I do with all those engines I borrowed? Huh? Tell me that, Retro!
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King Tetiro

Leader of Phoenix Heart
Re: Are Fan Games Legal?
« Reply #48 on: October 06, 2006, 05:47:33 am »
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WOW this topic's popular!
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  • Phoenix Heart
Re: Are Fan Games Legal?
« Reply #49 on: October 07, 2006, 01:26:13 am »
  • Shunner of Light
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It doesn't seem like it is; otherwise this forum probably wouldn't exist.
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Obsequious Eye

King of Glass
Re: Are Fan Games Legal?
« Reply #50 on: October 10, 2006, 03:04:24 am »
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They are, by law, illegal. However, by that same law (copyright infringment), fanart, fanfiction, screenshots, etc. are also illegal. I know Nintendo doen't really care at all unless you are making money, or your game is so popular you are detracting sales from official games. Otherwise, your just giving tribute to their products.
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I'm watching you...
  • Omniscient Eye
Re: Are Fan Games Legal?
« Reply #51 on: October 10, 2006, 12:22:04 pm »
  • Fendez Coder
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I've shown it before and I'll show it again, Nintendo's view on fan games:

Quote
Message(#6851-000299-6352\2996352)

Hello and thank you for contacting Nintendo,

We appreciate your interest in Nintendo of America Inc.

Because we receive so many similar requests, our general policy is to
decline such use of our trademarked and copyrighted material.  Although
you are not necessarily restricted from going ahead with your proposal,
you are restricted from using our trademarked and copyrighted materials
in a way which would suggest sponsorship, endorsement or association of
such a service by or with Nintendo.

Thank you again for contacting Nintendo.
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Och vi som väntar på något gott vi väntar alltid för länge jag vet, jag vet
men ett liv med låga krav är som sommar utan sol och vinter utan snö
Och vem vill leva så
  • Fendez Games
Re: Are Fan Games Legal?
« Reply #52 on: October 11, 2006, 12:23:58 am »
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A Zelda MMO (from ages ago) was contacted by nintendo, and the only thing they said was rewrite the name (no "ZELDA").
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the a o d c
Re: Are Fan Games Legal?
« Reply #53 on: October 11, 2006, 04:40:24 pm »
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Okay, so there's Nintendos' *view* on fangames. But even if Nintendo publicly declares that they have absolutely no problem with fangames, the materials are still copyrighted and without written permission from Nintendo, they can't be legally used. so, basically, it seems that they're illegal, but Nintendo doesn't mind as long as they don't "suggest sponsorship, endorsement or association" with/of Nintendo themselves. Which is why I think it's realyl stupid when fangames have the company's logo at the beginning. It's just lame.
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Raze_Element
Re: Are Fan Games Legal?
« Reply #54 on: October 11, 2006, 08:52:13 pm »
I really can't see why that this is such a problem, you think by making a fan game you are doing the company a favor, as long as you don't sell it, distribute it, claim it as your own. The company should be completely fine if you are doing such a thing. I mean there is things to fear about this type of situation, like what if this person makes a better game then the sequel. Then the company has a problem on their hands, but with big companies, I don't think it would be much of a problem. I mean, a fangame for large companies pluses will outweigh the bad things, as long as you don't infringe them and respect the company.
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Re: Are Fan Games Legal?
« Reply #55 on: October 11, 2006, 10:19:53 pm »
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Quote from: Raze_Element on October 11, 2006, 08:52:13 pm
I really can't see why that this is such a problem, you think by making a fan game you are doing the company a favor, as long as you don't sell it, distribute it, claim it as your own. The company should be completely fine if you are doing such a thing. I mean there is things to fear about this type of situation, like what if this person makes a better game then the sequel. Then the company has a problem on their hands, but with big companies, I don't think it would be much of a problem. I mean, a fangame for large companies pluses will outweigh the bad things, as long as you don't infringe them and respect the company.
The likelihood of a fangame ever being nearly as good as the origianl or the sequel is very, very, very slim. Because at the time of the commercial game's release, it always employs state-of-the-art technology, technology an amateur would be hard-pressed to find/use/implement.
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Raze_Element
Re: Are Fan Games Legal?
« Reply #56 on: October 12, 2006, 12:24:27 am »
Quote from: Kame on October 11, 2006, 10:19:53 pm
Quote from: Raze_Element on October 11, 2006, 08:52:13 pm
I really can't see why that this is such a problem, you think by making a fan game you are doing the company a favor, as long as you don't sell it, distribute it, claim it as your own. The company should be completely fine if you are doing such a thing. I mean there is things to fear about this type of situation, like what if this person makes a better game then the sequel. Then the company has a problem on their hands, but with big companies, I don't think it would be much of a problem. I mean, a fangame for large companies pluses will outweigh the bad things, as long as you don't infringe them and respect the company.
The likelihood of a fangame ever being nearly as good as the origianl or the sequel is very, very, very slim. Because at the time of the commercial game's release, it always employs state-of-the-art technology, technology an amateur would be hard-pressed to find/use/implement.
Exactly, even if an amateur does do something along the lines of that, it wouldn't be as good as the original. So thats why the benefits outweight the negative. As long as the fangame doesn't sell it, distribute it, make it sound better then the original and gives credit to the creator.
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Re: Are Fan Games Legal?
« Reply #57 on: October 12, 2006, 11:58:28 am »
  • Fendez Prez
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Well, we could always look at it this way:

How would you feel if another member of ZFGC started making a fan game based on one of your own original games, using your name, characters, sprites et all. Would you not feel like he is stealing your work, and could give your game a bad name?
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  • Fendez Gaming
Re: Are Fan Games Legal?
« Reply #58 on: October 12, 2006, 12:28:13 pm »
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Fan games are legal, generally, if not sold, or marketed in any way. Sometimes they are shut down, for example Graal, and the amazing Chrono Resurrection project (http://www.opcoder.com/projects/chrono/).

Now, I haven't read the rest of the topic, so I don't know what the !@#$% everybody's talking about, but this is just my opinion, 'kay? 'Kay.
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Re: Are Fan Games Legal?
« Reply #59 on: October 12, 2006, 12:44:34 pm »
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Quote from: Franz on October 12, 2006, 11:58:28 am
Well, we could always look at it this way:

How would you feel if another member of ZFGC started making a fan game based on one of your own original games, using your name, characters, sprites et all. Would you not feel like he is stealing your work, and could give your game a bad name?
i think that is something else where not profs...
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  • daniel-kun
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