read this:Fangames, this is what I do.Perfectly legal as I am not looking to make profit but to have fun with the use of pokemon. Hacking is illegal due to the unauthorized downloading of the ROM however fangames are legal as long as no profit is made.
And, using others ideas for ones pleasure without any sort of publishing if PERFECTLY legal aslong as
a) no profit is made
b) the fanfiction creator does not claim the idea as there own
c) the creating of the game is legitimate
d) all tools used are legitimate
You will also find that NOWHERE on this site have I published my game. The purpose of my making of the game is to improve my game-making skills and to have fun playing the game at the same time!
Actually, I think you'll find that using the Pokémon name, and using Pokémon, is illegal, regardless of what medium it is. Making profit from either hacks or games is illegal. Both are, but Nintendo are lax on it. But don't go making statements that aren't true.