"No, you can't make a damn fan game."

Ideas and discussion about publishing and distributing your games

Post » Tue Jan 24, 2017 8:16 pm

Just saw a very relevant post on Reddit gamedev.
Thought I would share the link.

https://www.reddit.com/r/gamedev/commen ... needs_and/
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Post » Tue Jan 24, 2017 11:55 pm

@newt Thanks for posting, that information is extremely useful!
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Post » Wed Jan 25, 2017 5:57 am

The article is not accurate. You can make fan games all you want for your own use as long as you are not selling or publishing the content there are also laws protecting parody within limits.

That is an article written by a lawyer trying to scare game makers in to using his exorbitant services.

Most game designers never sell a single game and hiring a lawyer is a waste of money until you start producing commercial games in my opinion.

A quick google of Ryan Morrison the attorney shows he just graduated in 2013 and I don't see a single client or case list on his website.

Scare tactic advertising IMO.
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Post » Wed Jan 25, 2017 8:24 am

Ay caramba!
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Post » Wed Jan 25, 2017 8:35 am

No, you can't make a damn fan game. Yes, it's infringing. No, it doesn't matter others do it. O.J. got away with murder, don't try to do it yourself though. I've seen so many developer lives ruined (lost home, wife, kids, etc) all because of a silly fan game. These companies are brutal about protecting their IP. The reason you never hear about it? All settlements come with an NDA that makes it so no one can write or talk about it.
.

I smell bullshit, as far as it can go, your game gets shut down, and that's about it. No "lives ruined" crap.
Game companies aren't as evil as this "attorney" thinks.
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Post » Wed Jan 25, 2017 11:00 am

No, but I imagine he knows lawyers, and what they can do.
They don't even have to worry if the game made any profit. They do have to be aggressive when it comes to protecting a product.
Not doing so sets a precedent, and can cause a lot of loss.

So take the gamble if you like, but don't expect that guy that's got hundreds of thousands of dollars in law school loans is going to be very forgiving.
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Post » Wed Jan 25, 2017 11:18 am

newt wrote:No, but I imagine he knows lawyers, and what they can do.
They don't even have to worry if the game made any profit. They do have to be aggressive when it comes to protecting a product.
Not doing so sets a precedent, and can cause a lot of loss.

So take the gamble if you like, but don't expect that guy that's got hundreds of thousands of dollars in law school loans is going to be very forgiving.


I said so because 99% of fan games are crap. Game companies wouldn't even have heard about them.
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Post » Wed Jan 25, 2017 12:29 pm

Gamejolt recently got a notice from Nintendo for 562 "fan" games
http://fireside.gamejolt.com/post/dmca-notices-for-fangames-bzc9h583

Never heard of the guy who created Mario and Sonic Adventures?
His house was burned, his wife left with the kids, aliens kidnapped him and threw him into a black hole.

Don't earn money with fan games.
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Post » Wed Jan 25, 2017 12:51 pm

@lamar correct. That article is just an ad. "You need THIS! But it costs THIS! But, we do it for THIS!"
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Post » Wed Jan 25, 2017 1:21 pm

Pandadoor wrote:Gamejolt recently got a notice from Nintendo for 562 "fan" games
http://fireside.gamejolt.com/post/dmca-notices-for-fangames-bzc9h583

Never heard of the guy who created Mario and Sonic Adventures?
His house was burned, his wife left with the kids, aliens kidnapped him and threw him into a black hole.

Don't earn money with fan games.


Yup and that is standard practice for any publisher that sees a name like Mario or Zelda or Pokimon being used in a title of a game to send a take down notice but that is a far stretch from being taken to court for copyright infringement.

The reason they went after Gamejolt is there were game knock offs using ripped sprites from the actual games and not just a few games but hundreds. Gamejolt was making money by advertising on those games submitted as were some of the game designers.

There is quite a difference in that and a person making a theme game using homemade or sprites in public domain and the lawyer wants you to think they will go after everyone to scare them in to using their services and that just prevents people from even thinking about designing games and suppresses independent game design.

I don't recommend anyone use ripped sprites from any commercial game and using the name of a well know game in your title is sure to bring a DMCA notice.

If it is a true fan game it uses parody and unique sprites or assets in public domain and is obviously not an attempt to copy any original game.
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