Actually only the images and audios the same as Blizzard game, the js source code of game engine are totally different with that original one, maybe I can replace those sprite images with other ones, and it will run perfectly like another RTS

Depending on what you're trying to accomplish if you make an entire game engine from scratch that can open up the files from StarCraft (and you DON'T distribute them), I think you should be fine. Although this would raise the complexity of your project. One such project exists:

http://www.stratagus.org/ - A cross-platform RTS open source game engine. http://stargus.stratagus.com/index.html - A project built on top of the same engine that opens up all StarCraft original files.

Not sure how active this project is or how far it's gone, but it seems to me from what I've seen: If your project recreates the engine and you require the original files and don't redistribute them yourself, you shouldn't get in much trouble? IANAL

that's exactly how I did it when working on scsharp (https://github.com/toshok/scsharp). you gave it the paths to directories holding assets for starcraft + broodwars. 10 years on github without a dmca knocks on wood

>Fact that you don't make money off it would work for almost any game developer

It really wouldn't. I know it's fun to imagine Blizzard as an oppressive corporation overlord, but any developer in the world will take steps to protect their IP.

I have no doubt that any developer would send take down for illegal assets usage and there is nothing wrong about it. This where project creator gone wrong and hope he won't do anything like that in future.

Though Blizzard in particular aggressive towards open source projects that recreate their games and generate a lot more lawsuits than other game development company. It's just like that 'Candy Crush Saga vs Banner Saga' lawsuit. These guys had right to do that, but it's still looks awful.

PS: As example of company that nice to the community look at Rockstar Games. Even if they're not really do anything for modding community there is tons of hobby software projects created around GTA include custom multiplayer servers, editors and any kind of mods, So far no one ever get lawsuit threats for doing anything like that. Now check Blizzard with their pro-DRM and anti reverse engineering lawsuits.

I see. That's probably true; I'm not up to date on that stuff. Still, in this particular case, I can't blame any company for protecting their IP. It's a freely distributed clone of one of their games, after all. Even if they are not making money out of it they are hurting their business.

No, there are (rare) devs who are not assholes about their IP, and will overlook small-scale non-profit work or at least act like humans instead of robo-lawyers when they approach "infringing" developers.

Blizzard has a legal right to be dicks about their IP, but that doesn't make it morally correct. We've refused to let IP holders set the narrative with regard to DRM; let's not do it here.

The problem is, if Blizzard knows of an infringement and fails to attempt enforcement, anyone can come along and legally claim "Hey, they didn't hassle this (small time) guy, so they have no right to hassle us". So the well-meaning hacker guy with a cool prototype opens the door for Zynga to come in and make StarCraftVille, which I'm fairly sure would be not so well received.

What will Blizzard normally do if they accuse me pirating their assets? Will I pay cash to them? Your words make me nervous

> What will Blizzard normally do if they accuse me pirating their assets?

Most likely, they will tell you: "shut it all down or we'll sue you into bankruptcy".

I recommend taking a look at http://opengameart.org for free (and legally free) placeholder art you can use instead, and changing any names ASAP to remove "Starcraft" and anything directly based on the unit names, etc. (Referencing Starcraft in the README or other such things should be fine, though.)

For example, "SpaceCombat" with "Troopers" and "Knights" and "Hordelings" and different art and music for everything would be fine, legally, even if the actual game mechanics were exactly the same (as long as it's your own code implementation of them).

Can they sue him if he's not in the US though? How is that legally possible?

Quick summary: it's a treaty that requires all member states to enforce their own copyright laws for works produced in other member states, and also establishes a minimum set of rights and minimum term lengths.

What do you think is special about the US? Copyright law exists everywhere.

exists, but perhaps not enforced.

Would couldn't they? They do business across most of the world already. Think about how many countries have people with WoW subscriptions.

Heck, just take a look at their list of offices: http://www.activisionblizzard.com/locations

Because US law doesn't apply to other countries.

Most countries have something approximately similar to the broad strokes of US copyright and trademark laws. Details are different, but "just using the same assets and names directly" is going to be a problem in pretty much any jurisdiction with enforced rule of law.

Just about every country in the world recognizes some form and variation of copyright and trademarks.

You do know that, right?

Likely they'll just send you legal threat and DMCA take down notice to both github and your hosting provider (if you don't use github pages of course).