I also forgot to mention that Uranium took and received plenty of donations.
Prism monetizef their trailer, which got a lot of views.

Anyway, I wrote the exact same two threads down and works here, too:

Nintendo don't shut down any old game. There are a variety of factors that come into play. Here are a few:

• Are you making money off of your game? Are you taking donations? Offering exclusive content by paying? (This includes ad revenue from a website)
• Is the game popular during a main or other major release? (Pokémon Prism so close to Sun Moon. It draws attention from those games and that is the last thing they want.)
• How many official assets and resources does the game use of the official games?
• Does the game have online connectivity?

These are some reasons for Nintendo to potentially take down a game. You want to avoid these as much as possible.

PS: These especially apply to fangames, but I'm sure a good chunk (if not everything) applies to hacks as well.

totally legal as long as you dont try to claim it as your own or try to make money off of it, that be my two cents on the matter.

you dont own the property, therefore you shouldnt be able to profit from it in any way.

I don't make rom hacks, got awesome idea's but wouldn't know where to start at actually making a game lol, but from reading this thread am I understanding it right?, am I actually braking the law by distributing the fan games and rom hacks?, as I got almost the entire completed fan games and rom hacks on my PC I often get people come to me and I Google drive them a game lol.

It's illegal. Having ROMs of games already is illegal. More doesn't have to be said.

Where should I begin ...?

Downloading the ROM image sure is illegal, but ROM-Hacking itself is not illegal, since we simply manipulate the data privately, compare it to the original ROM and share a patch in various formats that can apply these changes to any copy of the original ROM.

What about "Rom-hacking 2.0"?

Rom-hacking 2.0 offers you to modify the C-code of the game and compile it to a completely different ROM, leading to more efficient development in terms of speed and space management. None of the projects - that decompile the standard ROM's of today and convert it to plain C-code - are not yet completed, but will soon.

This kind of "Rom-hacking" is juridically illegal, since you cannot provide patches in the usual way as you do not exactly use the original ROM as base.

All in all: With all the benefits Rom-Hacking 2.0 brings to us, it sure has it's downsides, with one of them being the juristic aspect.

That's why I think, the rom hackers should move to game development someday, Rom hacking is cool, is funny, but it has their limits, if we as a community develop our own games, ofc we would make great games that could ever be better than pokemon

Maybe, only share the RomHack is illegal ?

If you have the original game, your RomHack is just like a mod ?

Pokémon Prism got a cease and desist

You'll note that my post that you quoted was made almost 10 months before Prism's cease and desist.

Didn’t realize that sorry

That has been my understanding of it as well.
Also btw I'm the artist who drew the Kururu fanart in your avatar =o I don't mind you using it at all, just had to point that out. Huge coincidence.

Nope, they didn't.

ON:
As Esperance said, as long as you bought the actual game that you're modifying, you're good.
You have as a buyer, the right of doing whatever you please with the product that you bought.

Alternatively, I suppose that if the game itself was disassembled it's fair use as long as it doesn't contain any copyrighted material like the assets of the game itself. I'd like for someone who knows more about that topic to correct me if I'm wrong on that though.