You are free!

[Dragonwinged]

so you've been hit with the dmca? Well, I looked over the Digital. Millennial Copyright Act, and you know what? It holds no power over you. Dmca is meant to keep people from selling a commercially sold game for free or giving a commercially sold game for free. It cannot be used on nonprofit organizations or those providing obsolete games no longer commercially available. So keep making Pokemon 3D, because no dmca notice can stop this or any fan game!

 

[Capt_Segis]

Actually if you read the DMCA carefully, you will realize that it can take down non comercial games that use the intellectual property of someone without authorization.
But we don't care

The game is being developed, worry not.

 

[RoyalGuard]

I'm not well versed in law, but as far as my knowledge goes, any company can demand for the cease of use of any intellectual property it owns that is being used by another party without their consent, regardless if the intellectual property is used in a free or purchasable product.