>Fan remake exists >Company sends a DMCA to take it down

Sue. Even if it's not successful, often the threat of legal fees and months of hassle will deter all but the most dedicated.

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sue their asses

>>389336016
>>389336025
can't stop them from getting the finished product "stolen" and distributed throughout the web for free

>>389336070
Nobody wants to go to prison over a fan remake

>>389335942
A multi million dollar organisation has the option of financially draining a smaller person or team dry with legal action.

Taking them to court or the threat of is enough to make any website hosting the shit take it down and refuse to be a part of it.
>>389336070
Then websites start getting DMCA's for hosting the "stolen" version.

>>389336106
lmao you don't go to prison over shit like that, might get into crippling debt though

>>389335942
They can take legal action, if you don't defend yourself in court they automatically win and get whatever they ask for as damages.

If you do defend yourself it will cost you a ton of money in legal fees. The law is not fair, the person that can pay for the better lawyers usually wins.

So yeah, DMCA is a big deal.

>>389336118
good luck DMCA'ing an entire internet of fileshares

>>389336125

Oh yeah, that sounds so much better.

>>389336070
And you'd still be liable for damages in civil court because you made it and failed to protect it from being released

>>389336070
I'd imagine you're still liable if they find a way to pin you at fault for 'leaking' it.

It's a losing situation unless you live somewhere like China where copyright laws are just a joke.

>>389335942
>Create awesome fan game in secret.
>Release it around the web as you start the announcement for it.
>No action can be taken since it's so wide spread.
>???

>>389336125
What do you think happens if you don't pay your debts?

>>389335942
just distribute the fan game through torrents and have the fan programmers be anonymous. they cant sue if they cant tell where they are.

>>389336206
>>389336216
fuck it change the name of the game and tweak some stuff

>>389336247
impossible because amateur codefags thrive on attention why do you think they do it for free? they're like a whore who fucks for free but gives you aids so that you'll always remember her and her motive is that her life sucks

>>389336232
bankruptcy. debtors prisons are illegal in most places.

>>389336247
That's what I've thought. Upload new builds a county over on McDonalds Wi-Fi

>>389336247
an open-source game. sounds fucking neat. totally not a hotbed for lizardsquad botnet LOIC scriptkiddie shit

>>389336358
nah upload them from a local church's wifi. Ive seen them give free wifi sometimes. it would be pr suicide for Nintendo to go after the source.

>>389336483
churches snitch because they're the governments bitch

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>>389336252
Depends on how much of a derivative the game is. If it plays quite similar due to level designs and what not then good luck. I do believe if brought to court you'd lose, but that's just my ignorant opinion.

As for art, you could get away with releasing your game with shit assets and just allow people to easily replace them so you're not the one liable for that. As long as you weren't the one distributing it.

There isn't a good way to go about it honestly. If you want to release it then VPN and pretend it's from China 100% all the way and so it's harder to traceback to you. Problem is do you want the project to be a portfolio piece? Do you want the attention? The answer is typically yes to both. You can't win using another's IP.

>>389336569
create a game maker style program and release it. six months later have some assets and scripts drop on the net. nintendo cant fuck you you only officially made the engine.

>>389336569
Michael Angelo used to make knockoff roman statues of famous pieces and the Romans empire commissioned him.

>Make an original game for Steam
>Make modding super easy
>Upload a total conversion mod under a different modder name

>>389336685
do you understand your analogy likened bootleg-ip codemonkeys to Michelangelo?

My autism is rising.

>>389335942
Sue them. How poorly informed are you?

>>389336481
>merging pr's with harmful code
ask me how i know you're tech illiterate.

>>389336782
I'm comparing similar situations not their artistic prowess. Instead of Nintendo reaching out to these people as a business venture instead they use their multi billion dollar backed legal team to destroy. Obviously these programmers talk to each other how hard would it be to imagine that someone passionate about my IP wouldn't be worth at least talking to. Look at the rabbid mario game and how fun it looks, the devs are nobodies.

>>389336232

You don't go for prison for not paying a debt, otherwise every single person who's ever been bankrupt in their lives would go to jail.

>>389335942
Sue them for everything they're worth? DCMAs are avoidable if you do the smart thing and create the entire thing in the dark and release it anonymously, but most fangame creators want their e-peen stroked, so they do the dumb thing and blog about it and whatnot, then they get pissy about "muh work of passion" being killed because they stepped on a corporation's toes.

>>389336880
I thought the post spoke for itself

>>389336340
In the united states and in europe you would be fined heavily and denying the C&D would be a federal offense that would throw you in jail for criminal commercial profiteering which is a 1-5 year prison sentence for your first offense based on how much money you make. Anything over 2500$ in "value" (as determined by the a judge) would net you five years easy. Not to mention the entire reason the DMCA exists is to prevent this exact thing from happening and ignoring a takedown notice nullifies your legal right to safe harbor in your country. Which means even if you're just redistributing illegal content like a torrent of a fangame then you're not exempt from the law and will not be protected by your countries safe harbor laws. Which means you can be extradited and jailed somewhere else entirely. This is to prevent bullshit like China stealing shit and then saying they can't be held liable because chinese coyright law is super lax.

>change around a few things
>call it something different
>'inspired by X'
simple

>>389337021
Not him but violating the DMCA is still illegal, outside of any fines or court fees it's still a crime. A crime you go to prison for.

>>389337113
And that is due to violating a court order. The sentence rises from disobeying authority, not refusing to pay your debts.

>>389336226
And yet chapter master still went to shit

>>389337253
probably left a signature

>>389336654
Which is fine, but you're not gonna get as much credit as the 'other' person who dropped said assets later on. If you want credit, you simply remake it as a derivative with just enough to be different.

I certainly would want the credit associated with my name for AM2R

>>389336128
> The law is not fair, the person that can pay for the better lawyers usually wins.

Maybe in a third world country like the US. In most European countries, the loser pays the winner's legal fees, so even if you go horrendously into crippling debt during the court case, you are fine as long as you're certain you're in the right.

>>389337197

And you'd have a good point if I had remotely been talking about DMCA's and fraud.

Not paying a civil debt is not punishable by prison time.

>>389337228
>>389337426
Yes, I wasn't attempting to imply that you'd go to jail regarding the debts. Moreso that the debt caused by the charges wasn't separate from a prison sentence. My bad. It was mostly in response to that whole post string and not just that individual post, where the responses seemed to be pulling towards a "lol you just get fined and then no biggie" kind of answers.

>>389337363

And if you're legally in the right and it's clear, a lot of lawyers take the case pro bono as they will be reimbursed by the win regardless.

>>389336962
I'm >>389336569 and not the guy you're replying. Yeah nobody gives a shit about your name, but that wasn't the point I was trying to make. I was simply saying it looks really good on your portfolio when you want a job. The guy works for the people who made Ori and the Blind Forest and I guarantee you that AM2R is why he stood out for as a hire. Problem is you need your name associated with it otherwise you might be bullshitting.

>>389337486
I went back and re-read the string as well, you are correct about it actually being a biggie, willfully violating a c&d.

>>389337529
Yup, we have a concept of "No win, no fee", because some cases are pretty much impossible to lose, but would otherwise require you to go into debt to afford the lawyer fees.

>>389337773
call 1-800-ambulance-chaser, the medical bill eraser!

>>389337113
>profiterring

good thing AM2R was done free and released free and thus they made NOTHING off it. Try again.

>>389336016
Sue what? An email and an online fake name?

>>389337903
Yeah, it's not perfect, but it's better than "Whoever has less money gets indebted into bankruptcy"

>>389337253
what happened...

>>389338301
>if you've been in an accident, call us today
>if you lose, you pay nothing
>tiny ass disclaimer about the other party needing to be at fault
I would hate to be the fucking sorry sap that answers that phone and has to explain to sub 100s that them crashing their mobility scooter into their house is not something your 'firm' deals with.

That and the elderly people who sabotage their acorn stairlift.

Why don't fan creators just:

>Have no personal info/email a publicly available
>Host their site in a country that doesn't care about Nintendo's lawyers or copyright
>If they do get a C&D, tell the lawyers that they love in a different country and not tell them where they live

>>389337994
The value is the damage that's determined by a judge to the original IP holder, not how many sales you make or something.

>>389338657
Yeah, why don't people who just want to make a silly fan game go completely off the grid like actual fucking criminals and risk getting sued into oblivion years later if one of them somehow fucks up and leaks any revealing information. People have been doxxed by tiny fucking details, you know.