In making a Chrono Trigger fangame... (Question about C&D)

[HeadlessFritz]

...What do you think is the threshold to receive a C&D letter from Square ? This question came to mind while playing the Epoch fangame. For example, if Chrono Cross was a fangame, could SquareEnix have sued the developers ? In this case no sprites were used, only story references and kid versions of CT's main cast.

If Crimson Echoes had the same sprites with different colors, a different interface and new graphic assets, would the C&D still be valid ?

Could I make a game set in the Chrono universe if no asset from the previous games are used ? Hmm...

[Lennis]

I think the threshold may be one of quality and intent.  From what I have seen, the only projects to get the C&D were those that were a direct threat to them - and not from a monetary standpoint.  Fan games may be free - as they legally must - but that doesn't mean they don't represent a threat to Square/Enix from their point of view.  If a fan game is good enough, people will notice, and they may even regard it as canon.  This would essentially wrest control of the franchise away from Square/Enix in the eyes of the fans, and Square/Enix does NOT want that.  It's sad, but it's really a question of pride.  Big companies don't like being shown up by nameless nobodys like us.  It makes them look bad, and deservedly so.  A lot of work went into Crimson Echoes, and it was clearly meant to be a bridge between Chrono Trigger and Chrono Cross, something that Square/Enix would like to do themselves if they decided it was in their business interests to do so.  Hence the C&D.  Chrono Resurrection was clearly meant to be a 3-D remake of Chrono Trigger, another thing Square/Enix would rather do themselves at a time of their choosing.  Another C&D.  The Epoch shooter is something much more casual that isn't meant to tell another adventure or remake existing material, so it will probably be left alone.  I can't speak for other projects in progress because they are unfinished, but generally, the higher in quality a fan-game is, the more likely it will be shut down by Square/Enix.

I understand this will be greeted as very sobering news for those who take their projects seriously, but I think this warning is warranted.  I can only hope that Square/Enix doesn't take a similar view to high-quality fan-fiction based on their intellectual properties.  Legally, I'm not sure they can take similar action against authors so long as their work is free - as that may bring up a question of freedom of speech.  The fact that this website exists at all suggests there are limits to how far they can go to silence people who write about their intellectual properties in detail.

[tushantin]

I could say the threshold only seems to apply in forms of 1) copyrighted resources are used (basically stuff that's not made by you), 2) Trademarks held by other people matching yours. Resources may vary between stories, characters, sprites, art, etc.

BUT if your game is not set in the same universe and only has "references" of Chrono (references count as mentions of Pop-Culture, thus fair-use in mentioning), has original story and characters, original resources and especially the trademark's different, then it isn't possible for anybody to C&D ya. Chrono Cross, on the other hand, may get a legal notice due to the inclusion of Belthasar and other similar characters. Not too sure though; don't know how much ground that holds.