Since I was PMed with some questions regarding whether certain projects, I figured this little update would be a good idea.

There are some people who may be confused as worried over which projects would be "risky". I admit, I'm not entirely certain myself, but I can at least try putting this up to give an idea which projects would be certainly safe.

I have decided to give a list of questions you should ask about a project submission when evaluating the DMCA risk.

• Is this project based on a first-party Nintendo or Game Freak IP? (The answer is most likely yes, but believe it or not, one of the people who have asked me is an exception to this!)
  
• Is this project a remake of a preexistiing commercial game?
  
• Is this project directly assets from a preexisting commercial game with little to no modification? (Particularly in a manner where they are easy to spot)
  
• Is the project of a quality level that could be seen as competing with the commercial games?
  
• Is the project one that has a lot of social media attention already? If not, how likely is it that it could suddenly gain such attention, especially if in a way that one person can't control?
  
• Is the project on gamejolt? And/or is the project being monetized in any manner otherwise?
  

Ultimately I would say that if you answer "Yes" to more than two of these, you may want to discuss your submission to me beforehand. Thank you in advance.