How do fangames not get sued?

Pic related is a Pokemon game. It calls itself 'Pokemon Destiny'. It's not even trying to be its own thing. The person making this is making a profit off the Pokemon name because he's doing this for patreon money.

How is this allowed?

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archive.is/9GYzJ
youtube.com/watch?v=Y4mgeY705Ts
mega.nz/#!wYpwECJR!4KP5PqIk0zC17E7dfTyRMutFxGD9jHiHL_PkrsFcOpw
mega.nz/#!oJoUibxA!n3SuzxTECbPa_fWDF8679AqM3SCHxm1pUgzmHy88gGI
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Not for long, it's going to get fucking erased soon.

They do get shutdown.

That's a new level of stupid on making a fan game. I mean, if you're smart, you don't release anything about the game so it doesn't get taken down before you finish it (and once it's out there, good luck getting it off the internet even if you have to stop putting it out). If you're stupid/vain you leak shit and get shut down. Now this faggot is not only leaking shit but getting money from people for his work? That is baiting Nintendo's legal team pretty hard, I wouldn't be surprised if they went beyond just a take down.

You sue for damages, specifically profit for. A fangame that was always free can't really "hurt profit", but can get fined.

Because they don't see it as a threat. Only reason AM2R and got shut down is because the companies got paranoid and thought it made their garbage look bad in comparison.

OP's pic is a flagrant violation of all copyright laws. You cannot get paid for using someone else's work. I'd be a cunt and report them to Patreon and Nintendo just to fuck with the kid. This kind of shit is why copyright is so vehemently protected by law and causes more problems for free fangame makers.

Now, as for other fangames, it depends.
AM2R and Pokemon Uranium were very similar to games Nintendo had in production (Metroid 2 remake and Sun/Moon) so they got cut so people wouldn't play those instead of their own games.

Other games get shut down for various reasons, but a lot of games, like Mega Man games, fly by as there's no current games in production and the owners aren't making that much money.
SEGA hired a fangame maker to create Sonic Mania, which is selling like hotcakes.

It all depends on the company, and the exact situations at the time of release. Nintendo wouldn't of cared about AM2R and Uranium had they released them a few months earlier or later (AM2R, actually, would of needed to be released a year after this remake for them not to take it down, unfortunately).

YOU SHUT THE FUCK UP ABOUT IT!

AM2R is a finished project and floating on the internet.

Chrono Trigger resurrection, on the other hand, royally fucked up by making trailers and teasers. should've kept it underground until release.

AM2R did the same, but managed to still finish the game and release it anyways.
Never heard of a Chrono Trigger fangame. What did it bring to the table?

Okay, and? Cry fucking harder, Nintendo.

Don't forget about chrono trigger crimson echoes. It was "98%" done before it got a C&D. Only a fwe beta testers ever got to play it. Then someone "leaked" the beta.

I get you're illiterate, Tyrone, but think about what happens when someone gets paid to use Pokemon sprites.
They get shut down and the lawyers get trigger happy.
Now they shut down anything with Pokemon in the title or using the characters/themes because the courts have given them a free pass on it.

Modern courts are still playing catch-up with digital rights and will just see a giant company vs a small team making some shitty flash game with models from the giant company and rule in Nintendo's favour, because they set a precedent.

How are you supposed to get funding from people if nobody knows it exists?

How the fuck is this game even supposed to work?

God damn, when will people learn that realism in graphics is cancer?

What's the funding for? Fan games can be made without funding because they're made by fans.

They don't. Either companies "protect" their IPs if they notice your games are more popular than theirs. By all means make fan games. The experience of a successfully crafted game is worth more than the DMCA. And fan games are surprisingly good resume builders if you don't get sued with a criminal record.

Just don't expect to capitalize on them. Keep them freeware. Unless you're lucky enough to work on an official project. But then that's no longer a fan game.

Funding? Nigger, you don't ask for funding for mods, fangames and/or romhacks. You do it either because you want to improve your skills, you think a franchise deserves better or autism. Unless you want to have some kike lawyer hired by the morally bankrupt assholes (publishers), who appropriated what was created by other people dumb enough to trade their creativity for a paycheck, sue your ass into oblivion.

...

My first thought to be honest. But if it were me I'd just make a kikestarter for the most cancerous looking sjw shit I could imagine. Make the protagonist a hideous independent trans woman of colour with a gigantic afro fighting against the evil white patriarchy. I've already got a game in the works so it wouldn't be terribly difficult to make a fully pozzed fork to attract leftists. Then as soon as I get the shekels disappear and keep working on my actual game.

If Nintendo does sue for copyright infringement, they can also demand all profits made off the infringement. Patreon makes it nice and easy to figure out exactly how much they can claim.

I think it was a proper remake of CT. Listen to this and weep

You don't? If you want to make money, scrap all the materials that infringe on copyright and come up with your own intellectual property you fucking lazy hack. Fan projects don't and aren't supposed to make any money. They're made almost entirely by amateur programmers looking to learn by experience or to bring an idea they had for whatever property to life.
It's called "labor of love" and it's why fan projects that do end up getting finished are usually pretty great.

They're waiting for him to grow money so they can strip said money off of him

This, if you're not trying to sell it you're pretty safe. But they can still fuck with you because you're making their IP look bad by association if your game is really shit or stirring up controversy, or they'll use the same excuse if your game is better than anything they could ever produce and they don't want to be embarrassed.

Sage and report, then.
Yes, and?
Yes, and?

Are there any places to download these defunct fangames though?

Try updog.

reddit stop.

Hohhhhh that's smart.

Why don't you report them to Nintendo yourself because it seems to bother you that they still exist without having been DMCA'd yet

Fucking seriously what is this thread?

FUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUCK
Goddamn this world sometimes. I hate greed, I hate ultra-capitalism.

Give me your things, user.

Hello darkness my old friend

This isn't ultra capitalism though.
It's not even capitalisms fault, it's the LAWS that have passed that are to blame.
Unless you mean appealing to the retards, then yeah.

You're retarded beyond belief.

...

Fan games should be allowed though they should be free, I hate copyrighted vidya when that happens you get shit like prey and how everything else cant be called prey or prey (insert sentence here)

Wasn't there a top level cringe kickstarter to make a movie by that name about a year or two ago?

Let me blow your mind in two easy facts
Copywrite law actually protects people USING copywritten content as well as making it.
Cease and desist notices are a civil matter, not a legalistic one.

Just report the asshole

Is the game even good?

Why?

because he's cheating the system.
There are honest game developers that have to work hard to make a successful game.

He's just jewing the name and art of super popular game franchise to illegally make money off stolen intellectual property.

Another thing I'd like to say is that I'd let it pass if it was a free non-commercial game, but since he's an asshole thief he deserves Nintendo making him homeless.

He is totally milking this shit for money and has no intention of every actually making the game

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TOO FUN TO LAST

Anyone who isn't a kike already agrees with this sentiment. One of the many examples of copyright law being utter garbage.

FUCKING KILL ME

...

But that ended up getting released anyways. I've played it.

It's probably something similar to what Fire Tires did when the Holla Forums Patreon was shut down. That is, he set up a Patreon for his cat, Hachi, to avoid violating the ToS.

he's jewing (((nintendo))) how is that bad?

He isnt doing shit to nintendo, he is jewing gullible retards. If this actually did damage to nintendo it would be great but it doesnt

The app store is full of copyright fuckery, they'll even include footage from the games they're ripping off, especially Pokemon, going as far as to call it (UNRELEASED). How they're not nuked from orbit is a mystery.

Sue Patreon, not fanbases.

the number of minecraft clones in the app store is insane

A non-capitalist society would produce way better games. Since nobody's making games just for a quick cash grab, they'll dedicate themselves to making a game worth everyone's time. Like how some anons propose that all games should be free. Better games would encourage the consumers to donate to the dev, rewarding him and giving him an incentive to make more good games.

...

socialist societies produce nothing and starve to death.

t. History

AFAIK you need to pay money to put apps in the appstore.

I'd lecture you on how dumb you are but I don't want to get b& for derailing

no, then they just have no motive to make anything and none are made at all

pffft hahaha
go back to leftypol moron

If you're going to take funds, you might as well make something from scratch. Fan projects should be fueled by passion and autism exclusively.

Not even trying to be subtle anymore are we Holla Forums?

A hideous independent trans woman of colour already pulled that off with 'The Arkh Project' Posted a bunch of concept art on tumblr along with a kickstarter. Raised a few thousand then fucked off. The same person did it again last year with concept art for a shitty undertale clone and fleeced a few more shekels from these retards. So fucking go for it, make sure you include some back story of all the horrible oppression you've faced.

It's not capitalism because intellectual property is a market controlling measure, it's ultra-jewish greed.
If it were ultra-capitalism, there would be absolutely no reason why someone couldn't make a fan game and profit from it.

...

Nah, they're probably just waiting for the release or shortly before to sic their legal team on it. That seems to be the usual MO

I've never heard of this before.


It was a 3D remake of Chrono Trigger made by fans. It got a C&D because CT was being re-released on the DS and this was supposed to be a consolation to the people looking forward to the fangame.

When you say non-capitalist though, what do you mean? If you mean a Stalinist society, what trots call state capitalism, lolno, Eastern Bloc games were shit. If you mean a fascist society, video games would probably be regulated like all other enterprise, so there'd be less poz and publisher kikery, but the donation model you envision would likely only be marginally more popular than in a neoliberal society. In ~trve communism~, you might be right, but ~trve communism~ can only be achieved in a post-scarcity post-human-difference world so it's mostly a utopian fantasy and you could just as easily say "wouldn't it be nice if the gods gave us good vidya."

I do like the donation model, but it's not something that requires the abolition of capitalism.

Most publishers do a ease and desist letter. It all comes down to if the fan game can have a bad reputation to the IP or if it can harm sales of the new game in the works or older games.

So just wait until he gets a letter.

Princess trainer made a ton of money and it was based on a Disney movie and never got taken down.

You get a job and work on the game in your spare time.

Are you honestly implying that AM2R isn't going to hurt Samus Returns sales? Lol

Why not do what id did and turn the mod into an official game that they can sell?

Im talking about this "game" and what you are doing is similar to kikes thinking that piracy hurts sales.

Why would they? Seriously, why would people dedicate themselves to their job if there's no promise of getting a raise or earning more money in some other way like it would happen is a capitalist society?
People so dedicated to what they do that they really don't need any monetary compensation for it are literally 1 in millions.
There's a reason why socialism brings economic stagnation and a lack of technological development, because money makes the world go round.

How do you explain Tetris' creator, lefty?

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How do people like you even breathe

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The donation model is called Kickstarter and Patreon.

the 3D one was C&D'd years before the DS was a thing
it was actually killed because the devs wanted to sell it

it was Crimson Echoes that got killed because of a fear that it would cut into the DS remake's sales

Also, this is what happens when people do stuff without compensation, aka dirty capitalist money.

Truly heroes of our time

No they would not. I was one of the anons shilling the idea of FOSS game development as a superior alternative to industry judaism, but you would have to be utterly deluded or ignorant to think a developer could actually survive on donations. Some kind of Patreon-style crowd funding system that forcibly cuts payment unless development goals are met by a scheduled time might work. But thinking donations would be a tenable way to fund development is as ridiculous as thinking actual communism works.

Sadly that doesn't work either, as most people who start their Patreon, work a lot in the first months to increase their number of donors, then they stretch their schedule as much as possible to live off the donations for as much as possible(ex: sorry goys I know I said last year, that the game would be finished tomorrow, but it will take another two years to finish, trust me it will be ready by then). Sure you could say that, if that happens most people would start supporting, and they will loose some donors, but not enough to make him quit his procrastination. Don't believe me, ask /hgg/.

Also found this gem, relating to the Jamestown colony.
archive.is/9GYzJ

The donation system is really just the patronage system of old under a new name, just with the patrons being the general public instead of a bunch of oligarchs/plutocrats.
If a creator isn't doing work for his patrons, it is the responsibility of the patrons to defund his ass.
The problem with patreon isn't sleazy creators, it's retards who pay those sleazy creators before they get shit done.

Absolutely. That's why the hypothetical Patreon-like system would forcibly cut payment if development goals were not met in a timely fashion. The developer doesn't get to change their schedule after they submit it to the funding system. If they miss development goals, users can report them. If they get too many strikes of missed goals, admins confirm the situation and their monthly funding gets cut. Patrons are not allowed to continue funding them if this happens, simple as that. And because all projects would be FOSS, the developer cannot get away with "faking progress".

Judaeism - solved
Perpetual development time - solved
Take the money and run - solved

I still have my leaked copy of Pokemon Prism.

because the lawyers at nintendo aren't aware of it.
spread around the word and watch that shit get DMCA'd

You can not force retards not to part with their money. If you close their patreon, they will just use another service, to get donations from loyal fans. The problem isn't the system, but us as humans, and sadly there is no easy way of changing all humans.

probably for the best. That Magus model looks like garbage. although the second screenshot looks good

The level of centralization required for such a system would inevitably be used to shut down creators that the people handling strike-based defunding don't like instead of the intended purpose.
It would be better for everyone involved for creators to simply have their own sites with donate buttons, with patreon just aggregating links to said sites, but here we are with retards throwing their money into an automated donate button for creators to jerk off instead of making shit.

user all human societies are unavoidably hierarchical. Therefore all attempts at communism will inherently become "Stalinist". Jews did not invent communism to liberate people, they invented it to cause sectarian conflict and to undermine the sovereignty of the state and install their own people into institutional potions of power to bring about Zion.
Sage for politics, this is your first and only warning.

It's a possibility that the admins responsible for handing out strikes could be cunts, sure, but someone needs to maintain authority.

Like I already said, this is delusional. Asking for donations is historically proven not to work.


Sure, I'd considered that. If their funding gets cut from the hypothetical system they are perfectly free to go use Patreon or whatever. And when they jew everyone, the dipshit consumer would have no one to blame but themselves. What this hypothetical system would provide is a platform to allow people who aren't braindead shit-eaters a way to fund developers in a way that ensures developers aren't going be eager to jew them.

Patreon is little more than the donation button automated monthly.
All this talk of "donations not working" is coming out of your ass.

You're trying to apply the definition of "donation" to things it does not apply to. Explicitly giving funding for further development is not a donation– you're purchasing work, or at least trying to. A donation is a gift, typically as a 'thank you' for an existing product that was received for free, and by definition bears no expectation of work for providing one.

Obscurity, unofficial endorsement, the concept of transformative media.

There are plenty of free hentai games makers, youtubers and webcomic artists, that have a Patreon. At most the subscribers get an earlier build, than the ones that don't pay, but after a month even the one that didn't pay received the free update to the game, or saw the free video on Youtube, or read the webcomic, all posted by the creators.

The reason Patreon "works" is because it's explicitly funding future development. A donation means nothing. The developer may or may not decide to actually make something when getting a donation. But when they are receiving development funding it is absolutely clear your money is supposed to be going to the creation of more work that you like to see.

Any good?

But then even giving money to the Red Cross, or any other organization like that, wouldn't be a donation either, because you are giving them money to help other people, this is the service you expect them to do with the money. Sure, you don't directly benefit from it(they don't come to feed you), but most people, who do give money, have a sense of fulfillment, as if they helped somebody. You could argue, that there is no fulfillment in this, but this is about what people feel, not what they do.
So basically, your definition of "donation' doesn't correlate to the one found in the dictionary, so yeah giving money to somebody and expecting them to do use the money to continue a service, is still a donation.

It's good, it just feels like it's missing something. I can't put my finger on it. Feels like the guitar should have been a slightly higher key, make it more heavenly. Appreciate the post though laddy.
sage for worthless comment

not really. fair use and all that. the second these fags set up a patreon it falls apart because they think they're being slick accepting "donations" but don't realize the patreon bux don't bring enough for a lawyer to defend against a large company suing you in that legal grey area

chapter master was fine right up until a patreon was made

You're not expecting anything in return with a donation.

A liberal expect that by giving some of his money to Organization X, that in return it will feed more African children. So yeah, still a donation.

A donation is a gift. That means YOU specifically are not getting anything in return. You utter dipshit.

In the example I posted, the liberal receives the satisfaction that he has feed those African children, he might even get a pen or sticker as a thank you from Organization X. He might even get smug, that he is superior to those "racist Trump voters".
Sure it's not physical, but it is something, you can't give something and not receive something else in return, it's the law of action-reaction or karma, if you want to call it that.

lmao fuckin lit meme

I agree. It can't get any worse than the system we have now.

Get the fuck out.
>>>Holla Forums
The only game which was created by socialists is tetris.

H-games are on different level. You can't shut them easily without shitstorm occuring or giving them free ads.
However, H-game devs go full jew very quickly with some exceptions.
t. user from /hgg/

South Korea is actually where it would end up to it's logical conclusion. So yes it can get worse, much worse.

In Japan it's possible to sell fanworks including fangames of commercial properties at least as long as you don't use official names (unless the copyright owner has prohibitions in place, e.g. I've heard Kantai Collection doesn't allow certain things to be made). Distribution is normally restricted to events and stores that specialize in fanworks.

This isn't legal, it's just allowed to happen. Sometimes Westerners whine that these fans are being lazy thiefs for using someone else's IP, even though the IP owner approves and actually making something is a lot harder than coming up with ideas. Not to mention that many original IPs are barely any different from other original IPs.

youtube.com/watch?v=Y4mgeY705Ts

what that?

And even then Nintendo actually had to negotiate with the Soviet Union just to have it released abroad because in the USSR all pieces of art technically belonged to the state. Oh, I'm sorry the "workers" owned the "means of production".

Communism is a mental illness

did he make his own assets?

If you have no money, you pay with time.

The doujin culture is truly the best. It hurts knowing that such a thing could never exist in the states due to copyright's stranglehold on the country. I would love to make some fangames and sell physical copies at conventions to fund future physical copies and possibly some extras like artbooks and soundtracks, a lot of games have so much untapped potential that this is the only way it could be brought out, but just thinking about an existing IP is enough to get suits pressing down on you.

kill yourself

fan made star wars battlefront 3

after you my dude

I guess all those canadian shows and cartoons that are funded by the government are great given that the study in question doesn't have to worry about the money!

Hey now, we made ReBoot. I'll fuck you up, eh?

Also
90% of cease and desist claims are and have always been Publicity stunts.

the only good thing you fucking leafs ever made was ed edd n eddy but your retarded cops got that one cancelled.

Beast Wars is the best version of Transformers. There I said it. G1 can suck a dick.

i got you fam

mega.nz/#!wYpwECJR!4KP5PqIk0zC17E7dfTyRMutFxGD9jHiHL_PkrsFcOpw

mega.nz/#!oJoUibxA!n3SuzxTECbPa_fWDF8679AqM3SCHxm1pUgzmHy88gGI

You got a link to AM2R?