Basic idea... A game like MUGEN, the fighter that allows people to add characters into the game at will, but instead make it a RPG battle engine, that allows for different styles of control and don't allow users to put in new char...instead just build a large amount in and over time release new versions. Sounds fun to me and I'd be interested in playing with it especially if it could be played over the net and if you could somehow modify or level up characters, but only if you could balance it properly...which could be a large problem when you pull from DC Comics and Chrono Trigger and Final Fantasy and Dragon Ball. I am thinking that this might be a nice project to do as an educational project and just for fun.

You are not supposed to "pull" character from other works without liscense agreement.

If its done for no profit, and just for fun...Then it should be fine.

Yeah, considering that this type of thing would never compete with any product even if it was a product being sold simply because no company would ever make something like this it is highly unlikely to cause a problem... though really once it's out there is nothing a company could do about it other than telling people to take it off their site...if it were even that that successful.

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Original post by Swattkidd If its done for no profit, and just for fun...Then it should be fine.

'Not for profit' is not a valid justification for the infringement of copyright, and is not covered by fair use laws.

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Original post by Durakken Yeah, considering that this type of thing would never compete with any product even if it was a product being sold simply because no company would ever make something like this it is highly unlikely to cause a problem... though really once it's out there is nothing a company could do about it other than telling people to take it off their site...if it were even that that successful.

Your project could be shutdown at any time (even the concept stage), by any IP owner you infringe against. Note that some companies (for example Nintendo) are *very* prickly about their IP, and tend to shut down every attempt to infringe.

On the other hand, how does this continue to exist?

Super Mario Online

It even has a copyright sign.

How would a company know who did it even when it is infringed?

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Original post by Wai On the other hand, how does this continue to exist? Super Mario Online It even has a copyright sign. How would a company know who did it even when it is infringed?

The internet knows all:

DJM Enterprises
David Modica
11 Elizabeth Road
Marblehead, MA 01945


Nintendo can (and should) sue if they want to.

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Original post by Wai On the other hand, how does this continue to exist? Super Mario Online It even has a copyright sign.

Maybe they worked a deal with Nintendo. Maybe Nintendo considers them useful. Only Nintendo knows that particular answer, and they can certainly sweep them off the map anytime they choose.

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How would a company know who did it even when it is infringed?

First you check the website for contact details, then you lookup the domain name registrant, any associated email addresses or forum profiles. Send cease and desist letters to all of the above, plus the hosting company, or the ISP if it is self hosted. Then send lawyers... I take it you get the picture.

Part of copyright law is that the holder must take action for their rights to be enforced. So they must send a cease and desist order before legal action and there is always a chance to negotiate if it got to any stage worthwhile and if not at that stage it really doesn't matter if you were to pull those characters.

Also MUGEN sets a precedence. All one would have to do to maintain that precedence is release a version that anyone could create characters for and then just have a fully balanced-out version. MUGEN has been around for quite a while and since no company has gone after them you could argue easily that there is no reason that they should come after this as they are essentially the same thing with different genre.

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Original post by Wai On the other hand, how does this continue to exist? Super Mario Online

My bet is that Nintendo doesn't know they exist. Alternatively, they just don't care. But Nintendo would be well within their rights to send a cease and desist letter to whoever is running that site.

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It even has a copyright sign.

Heh. That's the biggest give-away that the site is dodgy. First, if the site was in any way legit, it would mention the copyright and permission of Nintendo right there on the front page. Second, if they knew what they were doing they'd know that a proper copyright notice has to also give the year of creation. As it is, I'm not willing to click on anything on that site, let alone give them my email address.