Yes I understand that ROM hacking is barely legal in and of itself. But I plan to make a fangame in the Godot engine, where there is no way to validate ROMs. I don't really wanna get DMCA'd though.
You seem to be very confused with your terminology.
ROM Hacking is taking an existing game and making change in its code so that it plays differently from the original, though the base remains the same. Owning ROMs itself is not illegal if you own a copy of the game and the ROM is a dump from your own cartridge. Downloading ROMs online is generally not considered a nice thing to do, but its ok if your intention isn't to sell it as a Bootleg Cartridge. Sideloading downloaded ROMs in your system is bad.
Fangame making, on the other hand, is working on a game completely from scratch using Unity or RMXP or Godot in your case. It doesn't involve tampering with any ROMs at all and its brand new. It isn't illegal, not in the slightest. Making money off a fangame that uses assets from Nintendo (even money from one of those URL Shorteners), that's a no no. Sometimes, even if you aren't making any money off your fangame, even if its just gaining more traction than usual, it can recieve the ban hammer (like Uranium). Nintendo kinda cranky that way. It doesn't embrace fangames in the way that companies like Sega do.
If you're making a fangame in Godot then there's yoy have to do with ROMs so I don't know why are you talking about ROM Hacking tho.
Does anyone know of ways to validate assets in game engines, or maybe some other way not to get copyright claimed/C&D'd(i.e. Does redrawing all the sprites by hand work?)?
The way to not get DMCA'd by any way is to:
- Not provide links to ROMs on Pokécommunity
- Not using Pokémon Essentials. Since Essentials graphics are actually all Pokemon assets and even if you replace all the assets, there are too many references to Pokemon in the code for it to work and its gonna be horrible to change all that
- Not using direct rips of assets, specifically graphics, in your game. Using custom made graphics inspired by Pokémon is OK tho.
So if you look at it then the only way to make it impossible to get yourself a C&D is to make a monster catching game in an engine other than Pokemon Essentials with zero mentions of Pokemon and zero use of any assets from an official Pokemon Game. Which is too much to ask for from a fan game.
Redrawing all the sprites by hand and recomposing all the music is a big undertaking but since you are gonna mention Pokemon in the game, there is a chance to get DMCA'd
IF AND ONLY IF you make money off your fangame and/or its really famous
I'm asking this because in a reddit thread about PokeMMO, people were saying it was only legal because the users had to provide their legally owned copy of the games.
PokeMMO also has a chance of being DMCA'd because it uses assets from Pokemon, mentions Pokémon and also not every user provided their Legal copy of Fire Red to play, some download ROMs online and use that to play.
To Summarize:
There is no way of making a Pokémon Fangame and having zero chance of getting a C&D. As soon as you make a fangame about Pokemon, you're on Nintendo's radar and have a 0.00001% chance of getting DMCA'd (unless you sell the game, then the chance increases to 100%). Its a really tiny chance so don't worry and just be chill about working on your passion project without worrying about things like DMCA's and C&Ds as that all comes after. Good Luck with your game.
