https://sirtaptap.com/2016/09/fan-games-no-less-protected-fan-art-ip-laws/
Fan games are not 'less protected' by fair use than fan art, fan fiction or anything else of a similar nature. In theory, Nintendo could theoretically send a DMCA notice for pretty much everything on DeviantArt or Tumblr if they wanted, there's no distinction that makes fan games a more 'acceptable' target.
Similarly, in contrast to that Game Theory video:
It's not really confirmed what would happen if a fan work case ended up in court. I mean, I'm no lawyer, but here are some of the many factors a court might look at if determining whether something is fair use:
View attachment 223
https://twitter.com/SirTapTap/status/773566503648043008
So... quite a few things then. Either way, as far as I can recall, there haven't been any fan fiction, fan art or fan game related court cases yet, so it's all completely up in the air what someone could rule.
Either way, keep this all in mind. There is no difference between Nintendo shutting down AM2R and them potentially shutting down someone's fan fic or fan made 'merchandise' at a convention. And there's likely no real legal difference between them either.
Fan games are not 'less protected' by fair use than fan art, fan fiction or anything else of a similar nature. In theory, Nintendo could theoretically send a DMCA notice for pretty much everything on DeviantArt or Tumblr if they wanted, there's no distinction that makes fan games a more 'acceptable' target.
Similarly, in contrast to that Game Theory video:
It's not really confirmed what would happen if a fan work case ended up in court. I mean, I'm no lawyer, but here are some of the many factors a court might look at if determining whether something is fair use:
View attachment 223
https://twitter.com/SirTapTap/status/773566503648043008
So... quite a few things then. Either way, as far as I can recall, there haven't been any fan fiction, fan art or fan game related court cases yet, so it's all completely up in the air what someone could rule.
Either way, keep this all in mind. There is no difference between Nintendo shutting down AM2R and them potentially shutting down someone's fan fic or fan made 'merchandise' at a convention. And there's likely no real legal difference between them either.
