....Because it IS fair use, like dude, Fair Use Law is far more defined for shit like movies and television shows than it is for ROM Hacks or Fangames (most of which use assets ripped from the games the IP it's a fangame of btw), the fuck were you expecting unless you wanted the government to force a win for them as i hammed in again again?, for a company like Nintendo or Disney to sue the government for using something from a TV show they made or had a hand in and never have anything come from it?
Only focusing on the important points and clarifying them, fair use can be summarized as such: "if money is changing hands, legality concerns can arise. Otherwise they don't really care." So that is why many Nintendo game commentators are never targeted by Nintendo. They typically do not make enough money and it is from the commentary, moreso than the games they play.
I've seen major stores have custom 3D prints of star wars vehicles on display; Disney never sued them because it's fair use; they never sold counterfeit star wars products. They were there to advertise what could be done if you purchased one of their many 3D printers.
Technically, I could design my own star wars action figures and do a far better job than any official producer, and Disney can do _nothing_ about it at all...provided I _never_ sell them. Same as if I somehow custom designed and built my own version of the switch 2 and all of their games without having access to anything that belongs to their propeitary information, but only if I never sold any of them (personal use only).
Games workshops _hate_ that, but other than saying you are uninvited if you say you design customs, they can do nothing except say you cannot go on their territory unless you begin to sell them directly. You absolutely may use them to advertise a different product that you do have the right to sell.
If any of you want to have your own video of pokemon music playing as you strike a bag or lift weights, Nintendo doesn't care. you could even use that in a montage video of your gym and what it offers for clients. However, Nintendo _does_ care if you sell that music or offer their own games for free, which is why this person who was sent to court is in hot water.
It's like my company: I don't care if anyone says what I say and tries to imitate me and my approach to robotics; if anything I see that as a form of flattery/"follow the leader"; but if someone said they are part of my company and offered monetary services for robotics using my company propeitary information in my name or my company's name to deliberately make money off me, then I _would_ sue.
Source
![[Truth]](/data/avatars/l/37/37733.jpg?1351072321){kind=avatar}
