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Legal questions


Colonello
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Herro everybody I have a few questions for you today. I am making a game based off an anime/manga the anime was cancelled but the manga is still being made my game will be COMPLETLEY non profit and I'd be doing it for the fun of it do you think I'll get sued?
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Don't listen to anyone above.

The truth is unless you have explicit permission from them, it's illegal. Does this mean they'll shut you down? Not necessarily. They may not notice it for years, or they might not really care. However, there have been attempts at Zelda/pokemon fan games that were shut down before they were released because nintendo was a female dog.

tl;dr:You should try it, but so long as you use their intellectual property you're subject to being shut down.
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Do not listen to the answers you got.

If you use copyrighted things you will get sued to death. They do not care about their fans, they simply want more money. Giving credits will not help, you will still get sued.

There are 2 ways it can go:

1\. Your game does not get popular and fails like all other eclipse games with 2 active players.

2\. Your game does get popular and you will get sued to death.

**If you are talking about "Katekyo Hitman Reborn" you will get sued for sure!**
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Ignore Dawntide, he's being the usual irritating cynic.

Eckhart is right, technically speaking, it's illegal without explicit permission, but some don't care enough to bother, or some may never notice you for a long time.

Giving credit DOES NOT nullify these liabilities.
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Srsly, who is that dumb to risk that? They will contact your ISP to know you adress and then your ISP will cut your contract with them down, because you hosted a illegal game. So you will get a letter and you will lose your internet. Is it worth it? Hosting a crappy vb6 game with 6 active players and 50% are friends of yours and GM's? I do not think so…
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Haha, you love predicting the ultimately worst outcome possible, don't you? Honestly, you ARE irritating.

Let's look at Pokémon Cyrus Online. It's a crappy little game done in EE, yet they have 55,000 registered members, and last time I checked, neither Cyrus nor Mondo have had either of their internet cut at once, and Nintendo have notified them to take it down, they just ignored them. They're perfectly fine. At the time of writing, they have 89 players online-ingame, 2 being staff, and 184 registered members on their forum, out of 888 prospective guests.

And like you said, risk, meaning it's not definite. You'd have to be extremely unlucky to get an outcome like that.

Oh, and please, try and know what you're talking about, they won't usually contact your ISP, they'll usually contact YOU.
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Ignoring nintendo is like the dumbest thing you can do. If they ignore a cease and desist letter they will get sued and have to pay the cost for the court and the lawyer. They will get ducked. And if they will not get sued then the letter was fake.

But maybe its a bit diffrent in the US, in europe you will get sued even before you start developing the game ![:D](http://www.touchofdeathforums.com/community/public/style_emoticons/<#EMO_DIR#>/biggrin.png)
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The reason I said you'll be fine if you give credit is because, VERY RARELY, will you even be contacted by a company that you are taking images from etc. In the case that you are contacted, generally the companies are to big anyways to worry about going to court over some game that has 20 players.
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Dawntide is right. If I were to make my own Call of Duty game, and gave credit to everysingle detail in game. The game company who originally made call of duty would sue my ass so hard, I would have to take out a loan just to piss. They dont give a bum candy about credits. You actually need to read there license agreement and if it says anything about "Without propper consent from the original author" then you need to contact them to get the okay!
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No he's not. He says you **will**, as in, it's definitely going to happen. We're trying to tell him it doesn't guarantee being sued, and that you're **liable** to, not **will** be, but either way, there's still a risk.

With a franchise like Call of Duty, I imagine you would, quite soon.
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> Dawntide is right. If I were to make my own Call of Duty game, and gave credit to everysingle detail in game. The game company who originally made call of duty would sue my ass so hard, I would have to take out a loan just to piss. They dont give a bum candy about credits. You actually need to read there license agreement and if it says anything about "Without propper consent from the original author" then you need to contact them to get the okay!

No.

Companies VERY RARELY sue small games.

Why the duck would any company waste time sueing somebody who's running a game with 5 players. They have more important things to do than worry about some game that will never make it anywhere.

IN THE CASE that your game DOES make it somewhere, the only way you will actually need to go to court is if you start making money from your game on a somewhat decent level.
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Stop talking bum candy please.

It is about the law and not about a company noticing or not noticing your crime. It is illegal, so stop doing it or you will get sued.

Just remember the WoW scape private server case!

The server was running fine for years and then, the slow law has prevailed his office and the owners got sued for 88 million $.

Do not mess with the big guys or you will get ducked. It just takes 1 guy to report you or 1 employee surfing the web.

The law is slow, but hits very hard.

btw: Encouraging or assisting a crime is itself a crime, so do not encourage him to commit a crime.
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> Stop talking bum candy please.
>
> It is about the law and not about a company noticing or not noticing your crime. It is illegal, so stop doing it or you will get sued.
>
> Just remember the WoW scape private server case!
>
> The server was running fine for years and then, the slow law has prevailed his office and the owners got sued for 88 million $.
>
> Do not mess with the big guys or you will get ducked. It just takes 1 guy to report you or 1 employee surfing the web.
>
> The law is slow, but hits very hard.
>
> btw: Encouraging or assisting a crime is itself a crime, so do not encourage him to commit a crime.

I'll stop talking bum candy when you stop being so retarded.

It is about them noticing your crime, ever heard "it's not illegal unless you get caught?"

Your logic:

Some guy is smoking weed (which is illegal where I live), HE IS GOING TO GET ARRESTED BECAUSE IT'S ILLEGAL. A MAGICAL FAIRY IS GOING TO TAKE HIM TO JAIL.

How it actually works:

Some guy is smoking weed, no law enforcement sees him, he gets high and that's the end of it.
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I told you to stop talking bum candy, so please listen.

"it's not illegal unless you get caught?"

It is really the dumbest thing i have ever heard. Not getting caught does not make it legal. It is still illegal!

It is not retarded dude. It is called morality.

It is indeed sad that you never heard of morality
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> I told you to stop talking bum candy, so please listen.
>
> "it's not illegal unless you get caught?"
>
> It is really the dumbest thing i have ever heard. Not getting caught does not make it legal. It is still illegal!
>
> It is not retarded dude. It is called morality.
>
> It is indeed sad that you never heard of morality

You're now arguing morality with logic, you must of been top in your debate class.

I never said not getting caught makes something legal. What I'm saying is if you DON'T GET CAUGHT, you can't be punished, so no, it's not stupid. Your logic on the other hand, is terribly stupid.
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> Only bad human beings are living after this logic dude. If everyone would act like this, we wouldn't be alive anymore.

Just because I follow that logic makes me a bad human being?

Lets just say, I DO RIP GRAPHICS from a game, that makes me a bad human being?

Even though just yesterday I gave 15$ to a lady who had no gas to get home?

Or a week ago I saved a child from getting hit by a car.

But I'm a bad human being because I don't follow stupid ass morals pertaining to ripping graphics from games.

There's a lady named logic and you are really fiddling with her nipples.
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Before this topic becomes a flame war…

**@[Colonello](http://www.touchofdeathforums.com/community/index.php?/user/66139-colonello/)**

Basically, it stems to this: if you wish to make a fan-game, the best thing would be to ask for permission from the company that the franchise belongs to. If they say no, your planning should end there and then. If they say yes, which isn't as rare as people make it out to be, then great, carry on.

Now, I'm out of this topic, I have nothing to do with the inevitable, g'bye.
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> Before this topic becomes a flame war…
>
> **@[Colonello](http://www.touchofdeathforums.com/community/index.php?/user/66139-colonello/)**
>
> Basically, it stems to this: if you wish to make a fan-game, the best thing would be to ask for permission from the company that the franchise belongs to. If they say no, your planning should end there and then. If they say yes, which isn't as rare as people make it out to be, then great, carry on.
>
> Now, I'm out of this topic, I have nothing to do with the inevitable, g'bye.

This.

I'm also leaving this topic before the ignorance of Dawntide makes me rage.
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