When I decided to switch careers from science to computers, I did a lot of practice programming.  I eventually picked up some low-paying non-profit work, followed by some contract jobs, and eventually landed some great jobs.  Right now I have a great job (non-gaming) that should carry me to retirement.

Through it all, I still keep working on my pet project from when I first started.  At first it was just something that responded to keystrokes.  Then I added some graphics.  Then some physics.  And movements, objects, etc.  The easiest to find assets on the web were mario-related, so I started making my project resemble the old classic Super Mario Bros for NES.

Before I knew it, I had a fully functional game, all the way from level 1-1 to 8-4.  All the enemies, menus, scoring system, ending sequences... I felt pretty cool.  And then I decided to upgrade from good ol' Win32 API stuff to DirectX.  I got some 3d modeling software and made some models for most of the different pieces of the game.  When Win8 came out, I ported over to that framework.  I keep pulling the project out every few months to try to catch bugs, clean the code (very messy, given its history), or just play.  It's been a lot of fun.  I'm not aware of another SMB version out there that's fully 3D like this one.

I can't publish, I've read about copyrighting and I know that NoA would come after me with their guns blazing.  I don't need to use it on my resume.  But right now, were I to be hit by the proverbial bus, this project would certainly die forever.

So now my question... what would you do with this project if you were in my situation?

Thanks

5 hours ago, Jeff Manor said:

what would you do with this project if you were in my situation?

Make it non-infringing, or put it aside and make something non-infringing. Otherwise, there's nothing that can be done with it. 

That is why I wrote Wograld and dedicated my life to it.  I realized this would be a problem in the past, present, and future if I don't do something about it, so I decided to make a completely open source free culture content game and put it out there.  Now my only problems are 1. finding alpha testers.  ..... 7. profit.

If I were in your shoes (I'm not)  I would just work on some free software games.  Try a small project, not something like the linux kernel.

Replace the infringing assets with your own? As long as you don't brand it "A Super Mario" game I don't think NoA will come for it.

NOA goes above and beyond for protecting their IP. Regardless of what you call the game, if the assets resembles that of SMB expect to get a C/D and maybe an infringement lawsuit. For most companies, legal is a non-revnue producing department, its actually the opposite. The said for NOA, and there iconic characters they will pull the C/D and demand as quick as their legal can type it out.

As its been said already, if you want to publish the game remove the infringing assets. A games concept is not an IP that can be protected, so you can still have a platform game where you jump on enemies to defeat them. Just make sure that character and the enemies look and sound nothing like any NOA protected character.

Side note, avoid anything Disney owns as well.

I appreciate all the views here, thank you!  I guess I was hoping for an avenue for the software equivalent of 'fan fiction'?  I never wanted to make any money whatsoever off of this project.  Like I stated before, I have a great job.  I don't need extra scratch from an old side project. I just thought some other old school gamers might enjoy seeing their cherished childhood gem rendered (and playable) in 3D, like we always imagined it in our heads when we were little.  

Changing the infringing assets would be a fair bit of work, I'm too busy with my real job to work on 3d modeling anymore.  Also, once anyone realized that the levels were exactly the same as the classic game, my legal defense would likely be nil.  I suppose I should find someone I trust to send all my files?  Or just open source it, huh?

I'd attach screenshots with the sole purpose of giving people a reason to smile, but I think you're all right about NoA being one of the more aggressive litigators out there.  I understand the reason behind that, but still... too bad.  Thanks again for all your input!