To elaborate more on the matter of using "東方" name in the title, first let's tide up Yonjin's explanations
From Yonjin. Quite long:
Keyword is "misunderstanding as official Game of Shanghai Alice". They are using "東方〜"in title first, and using ZUN's face picture.
Yonjin's msg: >また、ゲーム名、及び作品名などはそのまま作品名として使用する事は禁止します。 (キャラ名やゲーム内の単語のままの作品や(博麗霊夢、博麗神社等)、その他公式か どうか紛らわしい物(東方永夜抄外伝等)、私がこれから使用しそうな名前(嘘) は出来るだけ避けてください。)
(Note : The source is this. It's ZUN's guidelines for those that can't bother to login to his homepage. Same thing, really.
In short, the rule said not to use the game name like it's your own.)
If ZUN think it's not a problem, he would ignore it. But in this case, they show it off abroad service, and it means not all people know what Touhou is.
It's OK to use in game. It doesn't matter as long as it's not misunderstood as an Official Products. Recently, this rule may be ignored. That is because most people(otaku) in Japan already knows Touhou. However, like animation, those contents may reach to people who do not know Touhou.
Campaign still exists on IGG and they use ZUN's picture, and that cause a misunderstanding that TSBB is an official game. Especially to people who don't understand what Touhou is. It's easy for them to misunderstand by using Touhou in the title.
... That's about it, I guess. Of course, it depends on where they'll sell their product. And since they haven't answered Forza, well It's likely that they should change the title.
So what he want to say is that using the name "東方", like it's originated from your own doujin game, is not allowed.
That is a very odd request, since a large number of existing released Touhou fangames also use 東方 in their game name.
See: List of fangames listed in the english Touhou wiki.
I asked him this as well, and he said, "Just because it exists, doesn't mean it's ok.". Apparently, that was an issue as well.
Basically, the point is not to make people think yours is the original game, and using the right platform to distribute it.Like he has explained, it's a bit easier to do over there in Japan, since most people who have any interest in the otaku/doujin culture already know Touhou Project is a game from ZUN. Not to mention that they're
using the proper platform and doing the proper procedure.
That's why using Touhou name is allowed sometimes in the titles of doujin games.
And to add another thing aside from what Drake and Helepolis has said, I'll focus on
the matter of perks.
So, it seems like the dream scenario is:
"The money are all returned, but the perks FSS promised from those money will be kept and made into the game. It's to honor what the fans wanted(bought) out of that IGG campaign."
Which is nice and all, and I honestly don't want to make it into a problem. But unfortunately, like
aUsernameIsFineToo had worried about before, it is one.
Those perks are the "product of the crowdfunding campaign". The effect that remains, and I don't think that should be left off as it is.
Even if it's to honor the fans wishes, the fact that it's the product of a crowdfunding campaign still makes it a really grey area. Not to mention that those fans will later donate the returned money and get those promised perks too.
That is still, technically, an investment, which is a no no.Given that the perks they have bought before remains, they're essentially still getting what they paid for. So those fans that will "donate" their money again, will pretty much just paying it back for those perks. Only by that point, it's out of IGG zone.
I'm sorry to say this for the fans who have supported the game, but when they say "cancel the Indiegogo campaign" it means
erasing the existence of everything related to the campaign off the face of the earth.That's the money, AND the perks. (If possible, the memory too, but we can't brainwash everyone now, can we?)
So like Helepolis has said in point 8, FSS need to reset everything, as if the crowdfunding campaign didn't happen. So none of those perks should stay untouched.
You can argue that it's "
forbidding FSS from making a game that incorporates fan opinion" (Yes Disgaeafan1, everything in IGG HAS to be moot), but you've acknowledged, and ZUN/Fumio have said, that putting it in Indiegogo is not alright. That is the compensation that you have to pay for using it. Don't think you can get out of this lightly.
Also remember that you have to
make a public announcement(you've done a lot, right?) about this,
IN ENGLISH AND JAPANESE, for everyone to see, since as mentioned by Helepolis and cuc, both sides aren't exactly happy with you guys.
Of course, the perks reset is only because it's related to IGG campaign. You are free to make new perks,
without involving money, through voting method, tournaments, etc.; like you did before. And the money they want to give you purely stays as donations.
So what I can add to solve this, are:
- Return all money. Everything, no exception.
- Erase all perks made in IGG campaign. Every single one of them.
- Make new ones, out of normal vote, etc. However it suits you while still adhering to the guidelines.
- Make the announcement and explanation to everything somewhere so people can see(no video, please. In text). Then FSS can go with the game
- Also, depending on the platform where you'll sell the game, take out the 東方 from the title. Drake has given a nice candidate to replace the title. And don't use ZUN's picture anywhere.
Those are what I think needs to be pointed out. I'm open for corrections for anyone who disagrees, and pardon me if I were being rude. Good luck with developing your game.