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  #1    
Old February 13th, 2014 (01:23 AM).
neglectorr
 
Join Date: Feb 2013
Gender: Male
Ok, so i'm making a pokemon clone in flash. I am using as3 for this with nodejs.
My question is, as long as the "pokemon" aren't pokemon (self designed monsters) and i use tiles from here with the creators mentioned, can nintendo shut me down for using graphics (overworld) that look like theirs?

example:
dikkemon.dikke.org/index.swf -> overworld
dikkemon.dikke.org/character.swf -> monsters

By no means is this finished, it's basicly a progression project for me to learn to draw in flash, and learn coding in as3.

Thanks in advance for the reactions
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  #2    
Old February 13th, 2014 (07:29 AM).
neglectorr
 
Join Date: Feb 2013
Gender: Male
Disregard my question. Going for the save route and create all graphics myself.
Thanks for your time.
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  #3    
Old February 16th, 2014 (01:17 PM).
felixcruzer
 
Join Date: May 2012
Gender: Male
aren't non commercial fan games legal?
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  #4    
Old February 18th, 2014 (06:42 AM).
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oxysoft
 
Join Date: Sep 2009
Quote originally posted by felixcruzer:
aren't non commercial fan games legal?
Pokemon is a registered trademark by Nintendo. As soon as you staple that on your game, it becomes "illegal" so to speak. But it's also worth considering the chances that they will actually care about your fan game enough to require that you shut it down, which is why not a whole lot of people have received cease and desist letters.
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  #5    
Old February 18th, 2014 (08:18 AM).
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Worldslayer608
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Cease and Desist letters from Nintendo generally find their way to games that have been mass marketed and present more up to date official content.
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  #6    
Old February 18th, 2014 (09:43 AM).
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Wackowar
 
Join Date: Feb 2014
No need to worry unless you plan on this game being very successful
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  #7    
Old March 15th, 2014 (10:25 PM).
Gamez_Console
 
Join Date: Mar 2014
Gender: Male
I thought fan games are legal as long as you dont make money from it. Also it think you can stand up aganst a Cease and Desist because video games are a form of art would also depend on your country i guess.
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  #8    
Old March 16th, 2014 (12:26 AM).
GReusch
Lead of Pokemon Frontiers
 
Join Date: Dec 2013
Location: AZ
Gender: Male
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It all boils down to IPs. Generally, cease and desist letters only appear when someone is making money off of someone else's IP or if the fan content is becoming more popular than the main series and threatens the owner's revenue. There are also a few cases where IPs can be used (such as education), although selling someone else's IP is never legal.

As long as you don't sell your fan game or become big enough to threaten the world's largest video game company (by revenue), then you'll be fine.
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  #9    
Old March 16th, 2014 (07:43 AM).
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COOLTRAINER♂
 
Join Date: Nov 2013
Age: 23
Gender: Male
If you highly promote your game, and it makes...questionable use of the IP in question you can and may well receive a C&D order for a non-commercial title - Like if you wanted to make a My Little Pony fighting game (Which was and did receive a C&D rofl)
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