I just read a game EULA so that makes two of us now . Your point is acknowledged.

There's a difference between creating a fan game and downloading one, and a fan game is not the same as a pirated copy of a commercial game, if that's what you're worried about. I know of nobody who ended up in jail or even just had to pay a fine because they downloaded and played a fan game. ;)

I think the worst that can happen is that the game will be discontinued / the download removed and if there are any other consequences at all, they will only affect the creators, not you. I would be very surprised if someone would claim you did something criminal, or even just illegal, by playing fan games.

Already have it... It doesn't really feel like a zelda game either. It is more of a hack n' slash RPG to me. There are not really any dungeons or puzzle solving which is a major part of the zelda experience (at least to me). Ot isn't a bad game or anything, just not the type of game that I am looking for. Thanks nevertheless.

As some one stated, some fan games have been canned because the right holders wanted it. But then again, there's fan games, that have been made with a special license, like the King's Quest and Quest For Glory 2 remakes from AGD interactive.

And I do believe, that both Ultima 6 and 5 projects had a fan license as well, but if they hadn't no on stopped them, despite EA did stop one remake of Ultima 1 on its tracks.

Most of those games are basically from beginning to the end a work of the fan/fans (this excludes situation when someone "borrows" graphics").

Using someone else's character is not something unknown to the "art". It may be a copyright issue, or it may be not, depends on how original the fan game/book/movie is, or the way that character is used (as a main character or just a small part of the game)

In many cases it's not the copyright issue, but trademark issue. It is because copyrights protect the expression of the idea, not the idea itself.

There's the ancient Zelda Classic which is an Allegro-based remake of the original game (which is the shady part, even with the "Copyright Nintendo" label; Making a sprite-for-sprite, tile-for-tile remake of a game, even in a different programming language and not for any money is technically stealing, although with the new "Games are art" laws, it comes down to a judge's interpretation of semantics; art students paint copies of famous masterpieces all the time). Then there's a LttP "open" remake called "Open Legends of Zelda".

Both of these have a pretty big database of custom quests, some with new tilesets, sprites, sound and/or music. This is as "Zelda-like" as you can get without actually being an official Zelda game. And of course there's always romhacks.

Whatever happened to that 2D remake of Ocarina of Time? Can't seem to find anything on it past about 2007 or so...I presume that means it's dead.

I've been waiting on a "16-bit" style remake of Adventures of Link that some group was making some ten years ago. Hell, the folks who remade Lionheart (the Thalion game, not the RPG here on GOG; Thalion even endorsed the remake, in this instance) got their shit done faster than that.

http://www.blackmesasource.com/

I'll repeat... Black Mesa: Source its a complete level for level sound graphic song and action remake of Half-Life 1 and Valve is so excited for it i heard one of the devs went under a pseudonym to help them.

Its also in dev hell for 3-4 years now maybe longer...

That is absolutely incorrect.

It's incorrect only when you can prove "fair use". Creating a new game from somebody else's IP is almost certainly not fair use. Just ask the bozos who put out "Limbo of the Lost", if you can find them.

Fan Games are often tolerated by the IP holder, but they are still illegal.

Without permission, there is no way that it is legal at all.

Not exactly true. All unauthorized use of an IP is technically a violation of copyright law;whether or not the unauthroized user charges for his work is legally irrevelent.
In reality, a lot of companies will allow free mods, but will take action against people charging money on the IMHO, quite proper grounds that is somebody is making money from your IP you have a right to a cut of the money.

I can't understand why these IP holder people would be against fan games.