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Fangaming legal?, The dispute is ON!
BlazeHedgehog |
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Perpetually procrastinating
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Fangaming is indeed illegal. It's considered copyright infringement and the parent company that owns the rights to the characters have the free ability to tell you to pack up shop and leave if they deem you harmful to their company.
But on the flipside of things, Fanart and Fanfiction is also illegal.
Ever wonder why it used to be so hard to find a fansite on The Simpsons? Fox would shut them all down. Paramount would do the same with Star Trek fansites. They considered all forms of what most people consider "Fan Appreciation" as hostile to their business, and shut them down. Fox also gave birth to a popular term in FPS mods called "Foxing". The phrase was coined after Fox shut down an Aliens-themed DooM Mod. Thus, when a mod would get shut down by a parent company, it would be "Foxed".
However, since then, companies like Fox and Paramount have realized they were spending far too much money tracking down these people - I mean, not only are they fans, but, logically, it was impossible for them to shut down every single fansite on the internet. By the time they would shut down one, 100 more could spring up in it's place. That's a lot of money being thrown away into a lost cause.
So, they gave up. Now we have sites like NoHomers.net.
In the end, yes - this stuff is technically illegal, but that's going by the strictest defenition of illegal. The reality of it is, it doesn't matter until the company sends you a warning shot; the ol' "Cease and Desist". However, in recent years, even C&D letters are becoming useless as many companies hire outside law firms to track fansites and potential copyright infringing people on the internet, and these firms send out C&D letters purely as scare tactics so they don't have to waste money in court fees.
Basically, I had heard somewhere - I think it was from OOT2D or maybe the Metroid Prime 2D team - who actually contacted Nintendo to get permission on their games, that as long as you have a disclaimer in your game making it clear you aren't officially affiliated with the original parent company, then you should be relatively safe. I figure this is because one of the primary reasons Fangames might be disliked is over the fact that a company like Nintendo might get tech support calls on a fangame that they don't have control over - which wastes their money.
That's why MarioWeen DX has that big ugly disclaimer plastered all over the game like 40 different times, which says in big bold letters "NINTENDO DID NOT MAKE THIS". I wanted to make it as clear as possible. So far, with all the great publicity I've gotten over the game, and over 200,000+ downloads total, Nintendo hasn't bothered me.
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