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Can I use assets from another game under these conditions?

Stanislav Malchev · 2018-11-19T16:56:38

I want to make a free browser game using the sprites from another game. The project will not make any money and will be open source for the largest part. It may never see completion at all. So my question is this: Can I play around (in a public space) using the sprites from a popular game for a free fan project? Do I need to ask the developer for permission? Can they sue me even though I am not making any money off of their assets? I will describe a detailed scenario: You enter the URL diablo-fan-game.io in your browser and you see a character from Diablo 2, who you can send to run around. And all of this uses the graphics from the original game.