Guess I'm wrong. Sorry about that.
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Posted 11 February 2013 - 02:54 PM
Guess I'm wrong.
So what you're both saying, Tom and bschmidt1962 (if that even is your real name ) is that if a fan-made, personal use game or even a prototype using ripped sprites is made that isn't publicly shared in any way, then you will be sued, no matter what?
I'm being a touch bit facetious here because I understand that I didn't communicate my point as well as I could have and I'm sorry about that but what I was intending was more in line with a personal use project.
I do understand that cease and desist letters flow from some companies like water, but that doesn't mean that a creator shouldn't explore some of their favorite games for fear of being sued into the ground. I've seen complete rebuilds of modern day games in different engines by large, competing studios done in order to better understand their mechanics and I've seen prototypes that end up essentially becoming an already existing game and still gone into development. Do these inner office tools and prototypes become instant chum in the water for hungry IP holder's lawyers? No, and it's silly to think that any exploration of an intellectual property is going to end with you penniless on the street.
Should Tom get sued for drawing a mah-jongg tile because someone else owns it? Should Brian Schmidt get sued for using a Rolling Stone's guitar riff when in his home entertaining friends? No, they shouldn't. Just the same as none of the hundreds of developers that have come through this forum that took the advice given here to make clones to learn mechanics.
It's ridiculous to insinuate that no matter what you do you'll end up in court with less money then sense, but I understand the point you're trying to make. But how many games out there have similar features to others? How many have homages to other games as inspiration?
Again, I agree with both of you, I just didn't do that good of a job explaining myself, and I'm sorry for that.
A fan game, even with no financial gain is ripe to be sued. What isn't ripe to be sued is a personal use game.
That's what I was trying to say before, but you know, I put "or" between "personal use" and "fan-made game" by mistake.
So yeah, guess that makes me a bad guy...