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I'm specifically asking about Pokemon Ash Grey, which is a fan-made hack of Fire Red/Leaf Green, but this question could relate to any complete game overhaul.

I have a question or two about Ash Grey I'd like to ask but I am not sure whether they are considered on-topic on Arqade, as I'm not 100% sure about it's legality (The only evidence of which I can find is a cursory discussion on Bulbapedia):

Manga-in-a-bottle - We really should put up a warning about the legal issues of hacks, if for no reason other than to protect ourselves from being sued
Vekter - I really don't see any legal issues, aside from the hack carts themselves. Nintendo really doesn't give a damn about hacks or things like that, as long as they're not sold.
Nostalgia - ...and most hackers go out of their way to prevent their hacks from being sold. The people who sell them are pirates.

Now, I know that discussions of piracy are off-topic, having made that point clear myself, but what about fan-games such as this?

  • Do they fall under the same umbrella as "mods" per se, despite being an entirely new game with little to none of the original content left?
  • Or do we avoid such games as their legality cannot be determined?
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