"Punch Kidd" is an indie retro 80's platformer remake for iPhone, iPad and Android!

[Nz17]

Good summary, Aussie2B. I would agree with your assessment.

But don't just take my word for it. As each of us are laymen, let's hear from some real lawyers!

1. Look and Feel in Computer Software | ComputerLaw Group, LLP
2. Practical Law 101 For Indie Developers: Not Scary Edition
3. Legal Battle Royale: Not Boring Edition
4. Practical IP Law for Indie Developers 301: Plain Scary Edition

I would say that Apple v. Microsoft, 779 F. and Data East USA. Inc. v. Epyx Inc., 862 F.2d 204 (9th Cir. 1988) are of particular interest.

[gbpxl]

Some copyright lawyers might, but they'd almost assuredly lose their cases. If use don't use the assets, names, or anything from the IP of inspiration, you're fine. A fan-made remake and a game inspired by another game are two very different things. The indie gaming scene is loaded with games that take heavy inspiration from classics, and if that was enough to qualify as copyright infringement, there would be a mountain of lawsuits going on. And that's not even getting into decades of copycat games being released by big publishers without issue.

Well whats different between this game and Alex Kidd in Miracle World? From what Ive seen, it looks like a carbon copy.

[jb143]

As long as the characters, artwork, and music is different enough, and they aren't using any of the original code, level design, or other IP... then they aren't infringing.

The difference with most fan games is that they are using the original games characters, artwork, music, etc...Even if they are using original creations of the IP and not just ripping it out of the old games then it would be still copyright infringement. I guess the question here would be if the level design was in fact a carbon copy. But even then, Sega isn't Nintendo. They have traditionally but much more supportive of such things.

And I would consider this more of a tribute than a clone. I know those aren't legal terms, but more to show intent. A clone would be nothing but a cash grab, while a tribute would be pay homage to the original. Being similar, but different enough.