Crimson Echoes is Fair Use under US IP laws

[cyberpunker]

Hi, guys. I recently found out about Crimson Echoes and learned about the cease and desist letter that you guys received.  I think you guys should continue on with the project. And finish it because it definitely falls under the fair use exceptions

https://www.ogcsolutions.com/is-fan-art-copyright-infringement/

For fan art to fall under the fair use exception, it must meet all four of the following criteria:

It must be transformative, meaning it adds something new and different to the original work.
It can’t be used for commercial purposes.

It must not negatively impact the market for the original work.
And finally, it must be created for a limited and non-exclusive audience.

Crimson echoes checks all four of these boxes.  You guys are definitely adding something transformative, because this is a whole new story.  You guys are not profiting from it or selling it in any way.  Square won't be able to show that this rom hack impacts their sales, if anything they will probably find that it helps it.  And finally, this rom hack is definitely intended for a niche audience. 

I understand that there was initial uncertainty, when you guys got the letter a few years back, but I encourage you to finish the work you started.  Square, of course would send a letter, but just because someone says something doesn't mean it will actually be enforceable.  Any legal department would CYA, and sent out these letters just in case they actually care in the future.  But you guys would one hundred percent be fine if you finish the work.

EDIT:  Flames of Eternity has been posting their version of your rom hack for years.  They are fine.  Square cannot enforce their legal threats over a fan made game that people give away for free. 

[Redline57]

The more I've heard of this the more I think that letter was a load. I've been trying to thank Zeality for years and  he will not reply to me, makin me think it was all made up. To cite my old lawyer of an econ teacher: many will sue, few will win, far fewer collect. i don't see Square suing some broke coder to try and save face on a 25 year old game when they won't get any money. If the creator is broke, you think they wanna spend tens of thousands of dollars to have nothing to show for it? I broke a record uploading movies and songs 20 years ago, the RIAA isnt coming after me.

Also if your 4 attributes are true, what is "limited AND non-exclusive" mean? Non-exclusive means for everyone, limited means not for everyone, hows that work?

but "negatively impacting the market" is so broad and vague all you need is a smooth talking lawyer or a biased or corrupted judge (and since 2020 this has become blindingly apparant), so you COULD sue based on someone's interpretation of negative, its far too vague.

Again, total horseshit.

Do what ya want, fuck Square. That being said, Square if you rer-elease new carts of Chrono Trigger without mucking it up, I'll pay the 59.99$ for one right now, here's your opportunity.

[Boo the Gentleman Caller]

While enforcement is challenging regarding IP law in this case, you have to remember that...

The key team that was working on the ROM hack all received letters directly addressed to them, at their home addresses, and by name. The team was also comprised of then-college students and young adults in their 20's. Who in their right mind would want to go up against Square Enix lawyers, especially as young folk who barely have a penny to their name. Lawyering up was not an easy effort and not worth the effort. Suffice to say, Zeality, Chrono'99, and the others were not in a financial position to try and fight it.

The hack was - and is - very real. Faustwolf uploaded an entire playthrough shortly after the cease and desist. Zeality is the only member of the team that's even still around; everyone else moved on from Chrono fandom shortly after the upset. They don't talk about it to anyone that was not part of the core development team or are in their extreme inner circles. I don't know if that's due to NDA or what, but I know it's a sore spot for them. Hell, it's a sore spot for most of us.

Suffice to say... it was an asshole move from Square Enix. They were threatened by the quality of Crimson Echoes, which had recently had a new website launched, complete with screenshots and a high-production trailer. They were also misinformed that the hack was going to be sold for money. They were threatened by Crimson Echoes and acted in bad faith. A crappy thing to do, but it's been well over a decade. There's no changing it now.

The good thing is that the hack is out there in the ether and it can still be played.