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Member Since 18 Sep 2012
Offline Last Active Sep 19 2012 12:17 AM

Posts I've Made

In Topic: safe to use copyrighted sprites for my game project?

19 September 2012 - 12:08 AM

Yes you can infringe copyright if you want to, you can also run red lights if you want to, and hope no-one reports you.
You've just got to be aware that you are infringing copyright and the owner does have the right to sue you for it.
Usually they won't sue you off the bat -- they'll ask you nicely to stop, and if you don't then they'll sue you.

If you're lucky, they won't even do that, they might just ignore you, or not even know about you, but they can threaten you at any time.

I obviously don't encourage this -- but if you're game you can always make such an infringing game anonymously and distribute it using torrents so that you can't be stopped... but be aware that you are violating copyright.

It is very sad to see fan games get shut down -- For example a Kings Quest fangame worked for years after getting official permission to make it, but then was shut down when the parent company changed hands... Eventually, with enough fan support, they re-gained permission to continue work, but it shows that playing in this legal grey area is dangerous.

I'm ok with getting a cease and desist warning, but what I'm wondering is are we garunteed to get that warning before they sue us? Has there ever been a case where someone who is making a game for the same purposes as I am was never even given that warning but was sued right away?

In Topic: safe to use copyrighted sprites for my game project?

18 September 2012 - 11:34 PM

Ok it seems the answer to my question is NO and thats the end of it, I shouldn't make this game Posted Image

But how do you guys explain some of these Metroid remakes made by fans that are distributed for free over the internet for people to download: http://metroidcoven.com/ and http://metroid2remake.blogspot.com/ (the metroidcoven project has been going on for over 2 years). Maybe it is ok until a cease and desist warning is given to them? And as long as they take the warning, nothing will happen? Well, if this is the case then I think its pretty safe for me to make my game and post it online for people to download. I just need to take any warnings given to me. Or am i all wrong here?