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On what would classify as a "DMCA risk".
CM30 Offline
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RE: On what would classify as a "DMCA risk".
(09-10-2016, 04:47 PM)KiddoCabbusses Wrote: Since I was PMed with some questions regarding whether certain projects, I figured this little update would be a good idea.

There are some people who may be confused as worried over which projects would be "risky". I admit, I'm not entirely certain myself, but I can at least try putting this up to give an idea which projects would be certainly safe.

I have decided to give a list of questions you should ask about a project submission when evaluating the DMCA risk.
  • Is this project based on a first-party Nintendo or Game Freak IP? (The answer is most likely yes, but believe it or not, one of the people who have asked me is an exception to this!)
  • Is this project a remake of a preexistiing commercial game?
  • Is this project directly assets from a preexisting commercial game with little to no modification? (Particularly in a manner where they are easy to spot)
  • Is the project of a quality level that could be seen as competing with the commercial games?
  • Is the project one that has a lot of social media attention already? If not, how likely is it that it could suddenly gain such attention, especially if in a way that one person can't control?
  • Is the project on gamejolt? And/or is the project being monetized in any manner otherwise?

Ultimately I would say that if you answer "Yes" to more than two of these, you may want to discuss your submission to me beforehand. Thank you in advance.

Can you clarify some of these points?

Is this project directly assets from a preexisting commercial game with little to no modification? (Particularly in a manner where they are easy to spot)

For example, what's that mean? Almost every fan game and mod has ripped graphics in some form. Does this mean any use of ripped graphics? Only ripped graphics? Mostly graphics in one style? Something else?

Is the project of a quality level that could be seen as competing with the commercial games?

And what about this? What level we talking? Psycho Waluigi level? Second Reality Project Reloaded level? URA Zelda level?

s the project one that has a lot of social media attention already? If not, how likely is it that it could suddenly gain such attention, especially if in a way that one person can't control?

So what does this mean for Fusion Fangaming projects? Mario Fusion, Mushroom Kingdom Fusion and others already have a lot of attention and have for nearly a decade now.

Any answers?
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09-12-2016, 07:33 PM
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RE: On what would classify as a "DMCA risk". - by CM30 - 09-12-2016, 07:33 PM

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