[Discussion] Legality of making new Pokemon games

[HidoranBlaze]

Hi I'm a relatively new noob to programming and making games, and I am thinking of making a game of my own.
However, I have become concerned about the legality of making Pokemon fan games, since many people are telling me that I could be punished for violating copyright laws.
I personally think that Nintendo won't bother to punish me for making a Pokemon fan game (there's like hundreds in this forum!), but I still want some answers from experienced game developers. What would be limitations in making Pokemon games? Will I get sued if I use entirely original pokemon instead of fakemon? What if I tried to make a remake of a region I particularly like (like Hoenn, for example)? And could I still be sued if I distributed my game for free instead of selling it?

 

[Varion Bluefire]

Hi I'm a relatively new noob to programming and making games, and I am thinking of making a game of my own.
However, I have become concerned about the legality of making Pokemon fan games, since many people are telling me that I could be punished for violating copyright laws.
I personally think that Nintendo won't bother to punish me for making a Pokemon fan game (there's like hundreds in this forum!), but I still want some answers from experienced game developers. What would be limitations in making Pokemon games? Will I get sued if I use entirely original pokemon instead of fakemon? What if I tried to make a remake of a region I particularly like (like Hoenn, for example)? And could I still be sued if I distributed my game for free instead of selling it?

Don't credit pokemon as your own.
State it belongs to Nintendo + Game Freak
Credit them (intro and outro Credits)
Don't even think of selling the game.

Job's a goodun.

 

[HidoranBlaze]

Don't credit pokemon as your own.
State it belongs to Nintendo + Game Freak
Credit them (intro and outro Credits)
Don't even think of selling the game.

Job's a goodun.

So in other words, if I properly credit Nintendo, and not attempt to sell the game to make a profit, I will be totally fine?
That's good to hear. I was worried I would get a cease and desist or worse. Thank you :)

 

[FL]

https://www.pokecommunity.com/threads/297072

Resuming: If Nintendo and related feels that you are disturbing the sales of they games they may sue you and remove the links/server and others stuff that they can, but is very rare to occurs in a non-profit non-online game, and, generally, they give you a "24-hours to remove anything" message before they act.

As the principle, please understand that the question is regarding a rather delicate issue to which no one can perhaps identify a clear-cut criterion. Of course, we cannot say that we can give tacit approval to any and all the activities which threaten our intellectual properties. But on the other hand, it would not be appropriate if we treated people who did something based on affection for Nintendo, as criminals. It is true that some expressions are detrimental enough to diminish the dignity of our intellectual properties, and others destroy our intellectual properties' world-views by connecting them with something not based on fact. We think one of the criteria for deciding how to respond is whether the expression in question socially diminishes the dignity or value of our intellectual properties or not. Of course, it is very hard to have a blanket standard as this problem involves many complex elements that are very difficult to judge.

In these meanings, we cannot say OK to any and all such activities and, at the same time, it is not feasible for us to immediately respond to each small issue of this nature every time. However, these days an individual can easily transmit information through the Internet. Hearing your question today, as we cannot find these problems only by ourselves, we feel that a kind of contact window should be set up so that people can somehow report to us any inappropriate uses of Nintendo's intellectual properties which diminish their dignities or values, so that we can respond appropriately.