So who wants to conform the legality of this?

i think its a good idea before we get too far into it. that way we know for sure if we can make the game similar to zelda before alot of work gets done for nothing

Whoever writes it needs to make sure that they include the fact that we don't plan on making large presumptions to the franchise, they need to be aware that we appreciate the framework of the Zelda universe and wish only to work inside of it. Nintendo is just trying to make sure that we don't represent the franchise poorly, so we need to make sure they know that the game will be appropriate for all ages, free of charge, and perhaps that we will even advertise Nintendo as much as we can.

The most important thing is that we don't seem stupid, we let Nintendo know how much we love and respect the franchise and what it means, and that we are honestly only doing this to pursue an interest in Zelda inspired by their wonderful games.

Did I miss anything?

Also, when someone writes it, they need to make sure they post it on here so we can get everyone's approval before sending it. Its probably a good idea for you to take a shot at it OzoneKing.

As a precedent for this being allowed, I would look at Undyingnephalim's Hyrule: Total War project on the Total War forums. He has taken very considerable liberty with the franchise material in the design of his game. Perhaps someone should contact him to ask if he asked permission?

Here is a link to his project: www.twcenter.net/forums/showthread.php?t=421448

I'm gonna get started on writing this now. I'll post it when I'm done.

Reading up on this, I have a feeling that this is going to get a cease and desist notice from Nintendo. I read multiple cases of projects being shut down, especially if they attract a lot of attention. I can tell you at the very least, that I don't think that letter will be sufficient. Also, we might be able to get away with this if we say it's an entirely private project and we do not intend a public release, but that's up to others involved if they would still be willing to continue work if that's the case.

"We do not plan on making profit" is not a good way to put it, and saying we won't accept any funding is just a bit off. Say we don't expect any funding. You also have to be clear that not only will there be no profit motive, but that no one is receiving any income from this whatsoever and it is entirely a personal fan project that is clearly and openly stated to be in no way whatsoever affiliated with Nintendo. Also write that we will be explicit that all rights to all characters, objects and titles ultimately are the property of Nintendo. IE we really need to include something like on the front page before we do anything else:

"We Disclaim all ownership of the characters, names, objects, and ideas used in this project.
© Nintendo Co., Ltd. No copyright infringements are intended and no profit gained.
All rights reserved to their respective owners and the project is subject to removal upon their request."

Maybe more like this:

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Dear Nintendo, (Miyamoto is not the owner, just the developer. Also I doubt he'll see it anyways)

I am writing you today on the behalf of “The New Z Project”.

"The New Z Project" is a collaborative effort by a small group of fans of the video game franchise "The Legend of Zelda" (Zelda) which seeks to create a fan made playable Zelda game purely for the enjoyment of those involved in the project. The project will be created entirely within the free time of its creators, will be entirely nonprofit and no person or persons involved shall receive any monetary payment in any form whatsoever. All persons involved with the "New Z Project" recognize Nintendo Co, Ltd as the sole owners of the Zelda franchise, including all characters, names, objects and ideas from said franchise. While "The New Z Project" should be considered nothing more than a Zelda inspired collaborative art and programming project created purely for the amusement of those involved, we do understand that Nintendo may still be concerned about intentions of the project. It is thus that we feel it is necessary to ask for your company's permission and consent before we begin our project. We fully respect Nintendo co, Ltd and all its properties and we will fully respect any decision made by the company concerning this project. We thank you for your time, and for all the years of entertainment you have provided us so far.

Best Regards from your fans,

The New Z Project Team.

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Sorry to be a debbie downer about this whole thing.