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Confused about Copywrite

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chaosgirly7:
How is Solarus able to use anything from Zelda? Even if they aren't selling it. Isn't it still copy-right and trademark infringement?

Max:
No, you're right. Any use of Nintendo's copyrighted assets is copyright infringement. The Solarus engine isn't Nintendo though, some people are just using Nintendo assets within their games.

The nuance is that fan-works of fiction are an art form that goes long back into history. Fanfiction is copyright infringement also, but various IP owners take different stances on what they allow.

Nintendo tends to ignore smaller infringements (which is logical, it'd take a lot to prosecute). But if one of the games that uses Nintendo assets got a letter from Nintendo, they'd have to take it down.

The good news is, there's a lot of work in this engine that doesn't use Nintendo assets, lots of which is using open-source assets, which are free for anyone to then reuse if they're so inspired.

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