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Original post by Aldacron
Come on, the bookmarks were an example
The fact remains, regardless if the company cares or not, distributing anything that makes use of copyrighted material is copyright infringement and is illegal. If you do it, you do so at your own risk. My whole point is I hate seeing people spout off false information like it''s a fact. Everytime this question comes up someone says "It''s okay as long as you don''t charge money for it!". This is completely inaccurate and just plain wrong. So if BalAhan makes a Star Wars game, he should at least understand that it is legally possible for LucasArts to sue him. Will they? Highly unlikely. But again, that''s not the point.
GamesToGO: The Console Gamer''s Paradise
I agree with you completely. I don''t know where these little ''yes, this is legal'' type rules get made up but the best place to get the real answer is a lawyer.
It''s true that there are many little games using copyrighted material and this could give people the impression that it''s okay, but in these cases those copyright holders have simply decided that this is not a threat to them. That does not mean that they can''t change their mind about it and it doesn''t mean that it''s legal. The fact is if you make a Star Wars game then you can potentially get your ass sued. The reality is that it wouldn''t go this far and the usual ''cease and desist'' order would be issued though.
Look at it from the point of view of LucasArts (or whoever does hold the trademarks/copyrights). I am sure that if someone is pushing a game out that is just as good as their own and they pay a huge royalty some to the real license holder then they are going to be pissed about it. It doesn''t matter whether that game if for sale or some homebrew freeware thing, the fact is that it could affect their sales and they''d have a right to stop you doing that.
If you do want to do something like this then first consider what you want to do with the result. If you want to keep it for yourself and play it yourself...it''s still illegal and technically whoever has a problem with that could say that if you didn''t program it for yourself you might have bought their game, which of course is an unlikely thing that they''d do for against one person. They may still have an interest in stopping you though as they could not be sure the game would never be released, even if by innocently giving it to a friend. If you do want to release it properly then start consulting with your lawyer now...and listen to him.