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Sounds like you would have to have a character background and story given, or you could take off and do a campaign like Dark Crusade, and have a main screen for conquering lands with req points, then jump into turn-based combat on the lands.
If you make it your own arts & programming and music you would still need to change it so is far from the whole warhammer universe.
Means a lot of work and some really tedious programming and time into making everything unique. If you plan making money from it.
Very similar, but not identical.
...and, What does the Emperor say (not the real one, the wussy one from Star Wars) when asked if something was legal?
Rather you should worry about what the Adeptus Custodes will do to you.
No, he said "I will make it legal"
and I would make the game in such a way that it would be legal. For instance there is a HUGE list of Trademarked items in any Games Workshop title. You do know that most of it was ripped off from other IP, but that's what makes it fun for me.
here's some
Carnifax, an old word for an headsman
Hormugant, an anchient Roman who disected animals and read the future in their guts and stuff
Bolt Gun (not Bolter) a modern day gun, used to put down cows for slaughtering, also sometimes a "starter pistol"
(I wont get into the "Litany against Fear")
The Land Raider vehicle, straight outta 2000AD magazine, a Judge Dredd story from the 70s.
Chainswords, the earliest imagry of a chainsword, goes back to an old comic from the 80s, Absalom Dakka, Dalek Killer (yes, "Dr Who" Daleks, Chainswords come from the Dr Who universe), another 2000AD artist and writer.
There's more, oh so much more. There's alot of older Sci-Fi stuff that's referenced in 40K, and especially the Horus Heresy novels... (Fulgrim , I think it's Fulgrim, tells this story about an invisible labrynth or maze on Venus, and that's an Edgar Rice Burroughs story.)
Keep this in mind, one of the main reasons that fan made 40K games get in trouble with GW is that the fan made games often use STOLEN art. Chapter Master used stolen art, so does almost every Warhammer mod that I can think of. By "stolen art" I'm talking about the beautiful paintings that some WH artist spent weeks or months on and shouldn't be just lifted, ripped, and smacked into some game that could possibly be embarssing to GW.
My own 20 year old "Cease and Desist" letter from GW spoke of their worry that the art I did for a Civ2 mod (Called "Fenris" and was a Space-Wolves vs Tyranids scenario) had actually come from another game. I sent a letter back, saying "Nope, did all the art myself, and I cant "cease" since it was finished months ago".
No single game could ever encompass the entire scope of the Warhammer 40K universe
But I think a good game could be made using the same elements (story, setting, etc) that makes 40K so much fun.
Don't rip off people's art using it as your own, and give people credit. (unless it's like alot of my stuff, which is always "free to use" for anyone, and I'm used to not seeing my name in any credits.... My name is in Halo, and the best CK2 mod ever, thats good enough )