[Question] Information on legal issues

Some fan-games in recent time got a ban by Nintendo. I would like to know more about these legal issues :-

1.How can i protect my fan game by getting a ban by Nintendo ?
2.What should i do if i want to use the game for commercial purpose ,ie, get money by selling it ?
3.What should i do, so that my game doesn't violate any Nintendo copyright stuff ?

Any other advice is welcomed. Thanx in advance

I'm pretty sure you just need to patch it. As long as it doesn't contain their code, it should be fine.

Oh, and making money off it is a really bad idea.

pokeconstructor said:

Some fan-games in recent time got a ban by Nintendo.

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90% of times isn't Nintendo, just troll bots like Jason Allen or other more stupid, that track down any download that include the name "Pokémon", even Trainer Card Creators, in an effort to track down ROMs. I got my file removed for mediafire, but I send an e-mail explaining the situation and I got it back.

Nintendo itself VERY rarely hunts fan projects. The few ones really affected are some big MMOs and the ones that the developers wants to gain money.

pokeconstructor said:

1.How can i protect my fan game by getting a ban by Nintendo ?

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You can really only protect it by positing that it's a fangame and not intended to be mistaken for something official. There are plenty of disclaimers on different fangames that you can turn to as examples of what you can do.

pokeconstructor said:

2.What should i do if i want to use the game for commercial purpose ,ie, get money by selling it ?

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Make an original game instead. I'm not exaggerating. You can't use someone else's IP to make money legally. If you make any significant money selling your fangame, you're likely to face legal action. If you're at least doing it for free you'll only have to take your game down if you receive a Cease and Desist order.

pokeconstructor said:

3.What should i do, so that my game doesn't violate any Nintendo copyright stuff ?

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Make an original game instead.

Fangames live on a razor's edge in terms of legality, and you're not going to be able to make money off of them. If you're making a fangame for any reason other than love of the game, it's a waste of your time.

MUDKIP!!! said:

I'm pretty sure you just need to patch it. As long as it doesn't contain their code, it should be fine.

Oh, and making money off it is a really bad idea.

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Well i know what is good and what is bad, and also i have no plan to sell Pokemon games. They are intellectual property of Nintendo and i have no right to do so. Please don't tell me that it is bad, stupid, crazy idea, it is just a question.

If you don't make money off of it, you will most likely be fine.