Whats the legality of fangames?

[tuuri]

For future reference, whenever you ask the question "What is the legality of X" and you want an actual, usable answer, random folks on internet forums are not the go to.

The folks in the indie porn game corner are likely to be some of the few people that know why some shit gets taken down and other does not

 

[Segnbora]

The basic answer is that if you're going to work with any kind of existing IP that belongs to someone with deep pockets, or render Emma Watson with bigger tits in a thinly veiled Hogwarts environment, or keep trying to release games starring someone who is very obviously Angelina Jolie, the fact that you might technically be operating within a given country's laws is irrelevant if the entities you're exploiting have so much money that they can ruin you in a legal fight. They probably won't escalate to that point unless they have to, because that costs them money as well, but they can. So if you're going to do it anyway, understand that you might not get to finish, you might not be able to make any money, and they might make your life really miserable for a very long while.

I wish Leaf on Fire had continued, but in general I wouldn't attempt it or anything like it. The lack of assured monetary reward and the danger of legal threats doesn't surpass the risk. On the other hand, the Emma Watson with bigger tits thing seems to be doing well, so what do I know? Maybe Emma secretly enjoys the game and called off her lawyers.

 

[Count Morado]

The folks in the indie porn game corner are likely to be some of the few people that know why some shit gets taken down and other does not

No. They are as much in the dark as anyone else, if not more so. This is because by frequenting this site, they already have a bias against following contracts and the law regarding intellectual property. Many also just want to stroke their cock to as much and as wide a variety of spank bank material as possible - they don't care about the person asking the question, just if they can shoot a load.

If people have actual legal concerns about copyrights, intellectual property, and the possible success in using the affirmative defense of "free use" should there be a claim of violation by a holder of said rights - they should seek knowledgeable counsel in their jurisdiction, such as a licensed attorney.

No one should be asking shit about legality in a forum such as this and expect proper advice beyond "go ask a real lawyer."