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C&D: what is?

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    15
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    • Seen Aug 27, 2010
    Do we have a lawyer here? I am not sure about Nintendo, but SQEnix has done that. Maybe even more than once. So, if I make a fan game with only free and open source tools, in my free time, without any kind of profit, and I respect nintendos copyright, I can still get a C&D?
     
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    Well I have yet to see a Pokemon fan game receive a Cease and Desist from Nintendo, so I think that the precedent has been set - you should be in the clear.
     
    Probably because not many have actually been finished. :D

    I wouldn't really worry about it, unless your game outdoes their game. Then they could get jealous (ex: SQEnix on Chrono Trigger remakes) and shut it down.
     
    To be clear; Square shuts down ALL FANGAMES, nintendo shuts them down when they start if they are popular, if you near finishing then they back off, and if your game isn't popular they also back off.
     
    nintendo shuts them down when they start if they are popular, if you near finishing then they back off, and if your game isn\\\\\\\'t popular they also back off.

    Give me an example. Especially for this line if near finishing they back off
     
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    About 3/4 years ago, the old moderator of this section contacted Nintendo on this issue.
    The official line was something like "Nintendo does not support these and any images or resources for the games are copyright Nintendo."

    So far, there has been no game in the game development section EVER to receive a warning from Nintendo or Gamefreak.
     
    Nintendo seems to be pretty lax on fangames. I've never heard of a Nintendo fangame being sent a C&D...
    Also, Square doesn't shut down all fangames; Chrono Resurrection is the only one I've heard of. There are plenty of FF fangames still out there :P
     
    Nintendo & GF won't ever have to worry, since everyone will still buy the official games regardless of fangame quality as long as they keep making em. CT was different for SQEnix because they never delivered on a true CT remake and were therefore outdone by a group of fangamers that could. Whether or not I agree with that logic (AND I DON'T, and I've lost some respect for SQEnix since), I see the difference in the situation. Luckily, Nintendo & GF understand this quite well, apparently, as does SEGA with Sonic fangames - Sonic Robo Blast 2 is VERY popular, but I've yet to hear a peep out of Sega or Sonic Team over it.
     
    We were doing this in college today and I thought of this thread.
    Here are some quotes from what we were talking about on copyright.

    "If you write a story using settings or characters from somebody else's work, you need that author's permission.

    Yes, that means almost all "fan fiction" is arguably a copyright violation. If you want to publish a story about Jim Kirk and Mr. Spock, you need Paramount's permission, plain and simple. Now, as it turns out, many, but not all holders of popular copyrights turn a blind eye to "fan fiction" or even subtly encourage it because it helps them. Make no mistake, however, that it is entirely up to them whether to do that."

    "However, it's also worth noting that a court has never ruled on this issue, because fan fiction cases always get settled quickly when the defendant is a fan of limited means sued by a powerful publishing company. Some argue that completely non-commercial fan fiction might be declared a fair use if courts get to decide."

    This pretty much applies to us as fan game developers.
     
    While Chrono Trigger: Crimson Echoes was shut down by Square, it's technically not a fan game, it was a ROM hack. Most companies would be more relaxed around fan games versus ROM hacks, since their pirated easier then fan games.

    I've never heard them of shutting down a fan game, though. Only CT:CE.

    Ahhhhh; an element I was unaware of. However, there's a giant number of COMPLETED Pokemon game hacks around, and THIS SITE showcases the majority of em. I do understand the piracy part, though, since wasn't that what happened to ShinyGold? Granted, it was pirated by someone other than the hack's actual creator, but it was still done. That DOES make some sense.

    Luckily, I won't have to worry about that, since I don't plan on hacking. :P
     
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