Game Design
Why Your Fan-game isn't Fair Use and How to Fix that.
author

Patrick Barnhardt

Why Your Fan-game isn't Fair Use and How to Fix that.

DISCLAIMER: I am not a lawyer, so do not take everything said here to be without fault. Please seek legal consult before making business decisions.

So once again, Nintendo shuts down more than 500 indie/fan games that were using their IPs:
http://fireside.gamejolt.com/post/dm...games-bzc9h583

This is of course perfectly within their legal right, and really based on trademark laws is actually required of them to maintain the mark, but a lot of fans and indie developers themselves seem to always cry foul when this happens. Many are often claiming that the work is "Fair-Use" or that because they've released it for free that it should be perfectly legal.