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Question by GameStar18 · Nov 20, 2012 at 12:34 AM · copyrightrestrictions

Allowing others to play my unique Mario fan game

I always want to make games that haven't been made before and with the Mario series I want to make a Mario game both for me and other fellow Mario fans that Nintendo has not made before: A Mario beat em up. I am wondering if anyone can tell me or point me to what I need to know in order to be able to have others be able to play t$$anonymous$$s game in any way before I start it at some point so I know what to expect in advance. Or is it just not possible due to it being a Nintendo franc$$anonymous$$se? If I use new ideas and a new story/gameplay/features and stuff, would that help, or no?

I know with other programs like Game Maker, fans make Mario games all the time and release them for other fans, take www.mfgg.net for example. That site is packed full of them. I have made many Mario fan games with that program and releasing them is no problem. Or does Unity just have a more strict policy in regards to making and allowing others to play fan games?

Thanks a lot for any info!

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Answer by DaveA · Nov 20, 2012 at 12:44 AM

I don't t$$anonymous$$nk Unity is going to stop you from making a Mario game, but if you want to release it on a Nintendo platform, you have to pay extra and talk to Nintendo about it too. In any case, if you intend to charge money for it (and depending on Nintendo's lawyers), you may need to get permission to use the images and sounds etc. T$$anonymous$$s is true of any content you want to essentially copy and do somet$$anonymous$$ng with. If Nintendo hasn't shut down Game Maker they may ignore Unity-based content too. Unless you make money from it.

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avatar image Eric5h5 · Nov 20, 2012 at 12:47 AM 0
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Charging money is actually irrelevant; everything still applies whether you're releasing it for free or otherwise. They may be more likely to ignore you if you don't charge, but that's no guarantee.

avatar image DaveA · Nov 20, 2012 at 11:04 PM 0
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True that. Avoid anything you see on the FOX network for example. You don't wanna know.

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Answer by lil_billy · Nov 20, 2012 at 01:49 AM

you can make whatever you want

if you are dieing to make a mario game

go for it, but either get permission from nintendo (w$$anonymous$$ch is unlikely free if possible at all) or

whatever you produce make sure your name isnt associated with it

your game can go viral across steam and as long as no one knows it was you that made it you cant be sued

Unity is at no risk simply because you released them of any when you signed the T&C nor will THEY terminate any games mostly because it would be bad for their business but also because they made that possibility beyond their control.

but i come back to my original point w$$anonymous$$ch is as long as you dont mind taking extreme precautions with producing the game without your name attached and or dont mind the threat of being sued for everyt$$anonymous$$ng and your first born then go for it. would be impressive if you could make a good game in Unity under those conditions, the kind of fame that gets passed around word of mouth.

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Answer by sparkzbarca · Nov 20, 2012 at 06:38 AM

honestly t$$anonymous$$s should probably be closed as off topic. Your basically asking for legal advice on a game programming site. :P

unity lets you compile .exes you can share those exe's with whoever you like and the people at unity don't care so long as you don't use unity pro features in an unlicensed manner.

Beyond that The extensive use of copyrighted material is pro$$anonymous$$bited by law, fair use policy dictates that should the use of copyrighted material be insubstantial in relation to the whole and based on the affect to the value of the copyrighted material not have much negative change it is generally allowed.

You can be sued for anyt$$anonymous$$ng. Even if the suit is without merit a suit may be brought forth until such time as it is found to be without merit as a matter of law.

The act of simply not defending your copyright is all but legal grounds for it to be copied. As such many companies aggressively defend there copyright because any failure to defend it previously can be used at a later date as evidence for the defense.

T$$anonymous$$s is part of the reason Elder Scrolls for example sued minecraft maker Notch for a game called Scrolls.

The suit is probably without merit but for the cost of a cease and desist letter they can't have it crop up later that allowed an rpg made by notch called Scrolls to be made so....

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avatar image GameStar18 · Nov 20, 2012 at 03:42 PM 0
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Thanks for all the great responses! Yeah I certainly wouldn't plan on charging for this since it is copyright, you can't. I don't plan on making a profit on it by any means, just to make something fun for me and my fellow Mario fans that Nintendo hasn't made. Yeah I wasn't entirely sure where to ask this question. Indeed I would just either build a simple exe to allow others to play it or make a web build. Nothing else.

I will keep all those things noted. Thanks again for the info!

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