In the words of the poster, he didn't receive a response from Sega when he asked permission, but the creators of the game gave a general pass so long as no money changes hands over the release.
Originally Posted by ZakhooiTM at AssemblerGames
Q: Did you get SEGA's permission?
A: Nope, I didn't get any response. As this is a beta of a game for a console that's already dead for 10+ Years I think they woudn't care. And as long I don't make any money from it, I'm not conflicting their intrests(I hope).
I'm releasing this at my own risk.
Q: What about Greg Johnson?
A: There are pieces of the code that Greg and Mark don’t own(SDK's, Katana Library's, stuff that other people from Visual Concepts made), so even though they don’t object to me sharing this within the community of Dreamcast enthusiasts, they can’t really give permission
As for the Intellectual Property goes, Greg and Mark wont sue me for using the IP in this context.
However, there is ONE limitation and that is that it should never be sold or pressed to disc
This would go past the whole "community release" thing.
Again to make it perfecly clear : He did not give me permission for releasing this game,
he just turns his head the other way when it comes to the use of the Intellectual Property itself.