Ok to post fangame?

[StuffandThings85]

I'm working on a fangame of I Wanna Be The Guy, and I wanted to post it in the WIP section, but I'm not sure if it's allowed or not. It states in the rules not to post things you don't own, but this is a fangame and the creator of IWBTG has released his source code and stated it is ok to use his work (so long as credit is given). This game is not being monetized, nor am I assuming ownership.

I'd really like to get community feedback on the game, but I wanted to make sure it's ok before posting it.

 

[NPT]

If you want people to give you their interpretation of the rules, then you need to quote or link to the rule you'd like an interpretation off.

What you're doing is asking people to interpret what you think the rules are saying. I can't find any rule that says anything about "Not posting things you don't own."

Along those same lines if you want people's thoughts on whether you can legally make a fan game on IWBTG, you have to post a quote or link to it's EULA.

We should not have to waste time scouring the rules, EULAs or figure out what IWBTG even is.

 

[chance]

It states in the rules not to post things you don't own...

Ownership isn't the issue. When you buy Marketplace assets, for example, you are buying a license to use them. You don't own them. That's why the GMC rules state you should not "post content you are not legally entitled to share or that contains assets you are not legally entitled to use."

Fangames are fine, as long as they don't use copyrighted or trademarked content (without permission). A fangame in the style of (say) Crash Bandicoot is fine. But if you use that name as your title, or use artwork that clearly copies those characters, the game will probably be removed.

In your case, you have the author's permission to use his "engine". So that's fine. It's no different than using scripts or shaders purchased from the Marketplace. Just remember not to copy artwork, use trademarked names, etc.

If you have any further questions, PM me and we can discuss them.

 

[StuffandThings85]

My post is a pretty straight-forward question, not too hard to understand. No need for any hostility.

Just wanted to make sure I don't get banned somehow. Although it is legal to make a fangame, it does contain art from classic games. Looking through the uploaded games, it seemed as though they were all original titles.

@chance - I'll PM you because I do have a couple questions.

 

[chance]

Just wanted to make sure I don't get banned somehow.

It's difficult to get banned from the GMC. The worst that would happen is that your topic might be removed, and you'd be asked to remove any obvious copyright violations before re-posting.

I've removed 3-4 topics that were obvious violations, but I don't go looking for minor stuff. I think the other moderators feel the same.

 

[NPT]

My post is a pretty straight-forward question, not too hard to understand. No need for any hostility.

Your post was not straight forward, it asked us to intrepret your incorrect interpretation of a rule. And there was no hostility, no need for snowflakes.

 

[roytheshort]

It's difficult to get banned from the GMC.

Can confirm.

 

[StuffandThings85]

Your post was not straight forward, it asked us to intrepret your incorrect interpretation of a rule. And there was no hostility, no need for snowflakes.

Chance seemed to understand it just fine, and gave me a straight-forward answer. Simple. No need to put yourself on a pedestal. I'm done.

 

[NPT]

I never said I didn't understand it, I'm not willing to accommodate laziness and ignorance, chance is. Chance also had the benefit of reading my reply and because of it knew the ambiguities you created in your question. But hey, you keep on depending on others to accommodate for you.

Sadly instead of reading my response, and doing a little self-reflection and recognizing the importance of accuraccy and articulation, your position appears to be: you should know what I meant, how dare you advise me on how to get better answers through better questions, you're hostile.

 

[ParodyKnaveBob]

Although it is legal to make a fangame,

This is a loaded statement. @chance might be straightening some of this out via PM -- and at the same time, the lawyer-to-nonlawyer ratio seems quite tiny around here, myself and (last I checked) chance included -- but I just wanted to address this in case anyone else reads this thread and loads assumptions ontop the loaded statement.

• You can generally create what you want for your own personal use -- not being distributed to anyone else -- although EULAs and laws governing content can still intervene.
• The loose definition of fan game usually means you cannot distribute it legally. (Go read actual copyright laws to find that a "derivative work" (last I checked) includes using the setting and not just specific characters, or releasing a full translation -- but not necessarily copying general concepts or mere mechanics (although those can be patented! e.g., Mother 3 and Magic: The Gathering possess patented mechanics since the 1990s!).)
• Review, including parody, is a pretty different matter, though. (Fair Use includes "incidental" -- but a game created from the ground up is a far cry from a live news broadcast.)
• Getting permission from creators is also a different matter. $E^ J

I hope this helps in the long run,
Bob

 

[chance]

This is a loaded statement. (snip)

True, it can be. Terms like fangame and clone are overly broad, and they aren't always defined consistently. I'm guilty of using them myself. Whether it's legal to pattern your game after another game depends on specific issues of copyright, trademark, derivative work, fair use, etc. as you explained.

I'll move this topic here to Game Design, since further discussion is likely to be more general, and not just about GMC policy.

 

[ShaunJS]

It's an interesting one. To quote our ToS:

You agree to not use the Service to submit or link to any Content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws.

We have personally endorsed fan-games before (When we were sure the creator had consent): https://twitter.com/yoyogames/status/741288829299068928

If the user can prove consent for the content they are posting then it's definitely no problem.

However "Fan games" are a very legally grey area, as is IWBTG itself. People assume that because IWBTG hasn't been litigated against, it's legally ok. It isn't, it just hasn't been litigated against. See the creators own FAQ.

Q: How about getting this jam on Steam>? Or how about selling it?
A: Ahahaha no. That would be a legal nightmare. IWBTG, like mashups, is, I think, ethical but not entirely -legal-. Grey at best. And most companies turn a blind eye to this, but trying to legitimize it too much (like putting an unauthorized mashup on itunes) would likely to create issues.

While many might agree that free releases & fan games are for the most part pretty ethically sound, in law it comes down to what constitutes infringement, how much infringing content is used, to what degree it poses threat to damage the original brand, and so on.

If in doubt, don't.