So no, without consent, making a fan game is not, generally speaking, legal. "We need to protect our intellectual property rights and this may result in us requesting that our fans remove online imagery, videos or games in some instances," a spokesperson for Sega told .uk at the time. This is the exact argument that Sega gave when booting out It's a not-so-simple case of use it or lose it. "Once the infringement of IP is ignored it becomes increasingly hard to recover lost ground," Tutty says. Streets of Rage Remake live, it'd have a harder time arguing its case if a real, bonafide rip-off of the beat 'em up emerged. "If a company was to continually ignore infringements of a trade mark, the protection afforded by the mark is eroded and may render it invalid," Tutty explains. Unfortunately, by ignoring these infringements companies would be putting their hard-earned trade marks and copyrights in danger. Aren't these the most loyal, vocal and hardcore customers? Shouldn't publishers be embracing these projects, rather than suppressing them? "Effectively what you have in these instances are huge fans of a game being treated the same as other trade mark or copyright infringers despite having the best intentions," Tutty declares, hitting the nail squarely on the head.
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