I'm getting a major feeling of deja vu here -- my first time on this board, we got into a flamewar, and I didn't have a clue why it happened back then. Now I think I do -- you read everyone's tone a lot more strongly than you should.
I do understand the context -- the guy is creating his game from scratch. He is *STILL* not free to create a D1/D2 lookalike game. It doesn't matter if he creates a brand new engine, new graphics, new textures, new models, etc. If he makes his game too similar to Descent (for example, if he makes you fly around in a Pyro-GX with lasers, vulcan, spreadfire, plasma, and fusion as a mercenary working for Dravis) he's in violation of copyright (I'm pretty sure the Descent name is not the only thing that's copyrighted.) If the first time I look at the game I think "that looks like Descent on a new graphics engine" (rather than "that looks like a Descent-type game... is that related to Forsaken?") that's not a good sign.You don't understand the context. The guy making Deep World is creating his game from scratch
, so he is free to create his D1/2 clone.
Now, the chances he'll actually get sued are nearly zero -- but just because he can get away with it doesn't mean it's ethical. If he's going to make the game nearly identical to Descent, he absolutely needs to get permission. If he doesn't get permission, he needs to change things around.
I'll say it again -- I really hope this guy succeeds. But he needs to deal with this issue. If there really aren't any copyright issues here, he could ask Interplay for permission and they'd say "that's not Descent, so we don't have any right to say anything." So nothing would be lost by asking -- unless he really is on questionable legal grounds.