Can somebody explain why some fan-made games (Pokemon, Yugioh,Dragon Ball) get taken down while others don't? I just don't get the logic of it? Does favoritism play a role in the decision of ip owner taking legal action? Is there a bar fan-made games must not pass? I would like to know because I am contemplating on making a fan-made card game based on an anime. I've already read the legal portion of sloperama document and am aware of the legal actions that can be taken and why i original is the best way. I just want to know why some popular fan-made games make it and other don't? I've have seen many Pokemon fan-made games using copyrighted material and never get shutdown. And they have been up for 5-10 years.
Short answer: Intellectual Property is one of the rare areas of the law where it is often better to ask permission than beg forgiveness. If you want to make a fan game, ask first. If the IP holder says no, there's your answer. Don't do it. If they say yes, make sure you get it in writing, and be mindful of any transfer of the underlying IP you're using.
I'll do this in order:
1. It depends on who owns the underlying IP. Some content owners are more proactive about encouraging fan-developed games while others are prohibitive.
2. Logic, again, stems from the original IP holder. Some feel fan games can diminish or dilute the quality of the brand, others feel it bolsters a sense of brand identification. Some of it comes down to corporate culture in terms of IP portfolio protection. Ultimately it's a matter of priorities.
3. Favoritism-- hmm, sometimes. Here's an example. Let's say you have fan game (a) and fan game (b). Fan game (a) was made my someone who didn't ask for permission, and the quality of the game is terrible. It misrepresents characters, includes offensive content, and generally harms the brand of the underlying IP. Then you have fan game (b), which did obtain tacit or express permission, is polished, and legitimately endeavors to make a game for fans by fans. Which serves the best interest of the underlying IP's brand? This isn't every scenario-- some of it is arbitrarily based on the game being brought to the underlying IP Holder's attention. if they're prohibitive (see answer #2) they may send out a C&D as a matter of policy. Games that fly under the radar are less likely to get this treatment. So the more successful a fan game is, the higher risk exposure unless they've obtained written permission from the original IP holder. Then you have IP that changes hands... but that's another can of worms.
4. The bottom line is that the IP holder typically makes the determination concerning fan games based on what's best for the brand. If the pokemon game you're citing doesn't cannibalize the underlying IP, improves the brand, and engenders a greater following for the underlying IP, there's motivation to keep it around.
