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this post was submitted on 25 Nov 2024
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Pretty sure that's not how copyright, and trademark works. I mean if he remade it with original characters etc... then he'd have a snowballs chance in hell, but far from a done deal (still would take enough money to have lawyers).
Why would it be a problem unless he was making money? People are allowed to write fanfic and make fan movies and whatnot. The line isn't crossed until money changes hands. Seems like a fan game would fall under that same kind of category
Agreed. Especially since he built the engine from scratch if I remember correctly. I would think it'd be legal under fair use? But I've heard of so many fan games going under from cease and desists. Maybe they just don't want to pay the legal fees to fight it? Especially if they're not making a profit from it.
Fair use is a much more specific and narrow thing than most people think, and there's absolutely zero way this would be fair use. Not making money with it would definitely strengthen a fair use claim, but that's not the only factor. The other big one is whether it's transformative, and I can't see how remaking anything can be considered transformative.