Re: Project X: New update v4.0 released 8th March 2013
To be honest, I think calling pornographic fan projects "parody" and thus fair use is a pretty flimsy argument for a lot of these kinds of works.
The thing is, they are hardly a form of comedy, ridicule, or even something deriving any sort of message from the original work. It's not parody. "Fair use" is just a convenient excuse people like to use. Amy in a porn game isn't a parody of Amy, it's just Amy in a porn game. And whether it's for profit or not, they don't own the rights to use someone else's intellectual property.
Of course, that doesn't mean that fans can't create fan projects, but just that they just shouldn't be surprised if it's taken down. Unless I name a character "Blonic Fuckchog" I have no ground to stand on in a legal dispute.
The reason fan works are for the most part ignored is because companies either don't see it as harmful, or because ideally they see it as beneficial. However that doesn't suddenly mean that they have no right to take down something that they think may be harmful to their image or business.
Edit: Also, keep in mind that it's usually legal departments that do take downs and go after fan works. It's something that marketing and legal divisions of companies tend to disagree on, since marketing departments tend to see the benefits of fan works, but legal departments have to worry about protecting copyright.