About Unlicensed content (Pirated content)

NOT for free (fan) games since they don't normally need a license.
NOT for unlicensed platform developers.

In countries where the Berne Convention applies, fan games do need a license. It's just not common practice (or good business) for companies to track down and throw their fans and throw them in jail for 5 years (DMCA, in the case of the socialist USA) for not seeking one. It's also not common practice to grant such a license when requested. Some companies indirectly provide guidelines to fans in order to minimize conflicts, including statements as vague as, "Just don't make a profit and your're fine". These statements (or policies), are not legally binding. Fans can still be fined and jailed for making a fangame in compliance of a companies 'fangame statement' or 'fangame policy' (but again, this is not common practice or good business). They do sometimes send threatening letters (Cease and Desist letters). Cease and Desist letters are not to be confused with a Cease and Desist Orders. A Cease and Desist letter is by a private citizen and carriers little legal weight on its own (but can be used to help win a court case later). Cease and Desist Order, is by a judge and holds the weight of fines and jail time if violated. There is the very rare grant of an actual "fangame license", where a holder writes a legally binding document clearly granting the use of copyright, trademarks, and such for a fan game. In these cases, this tag would not apply.

Reminds me of Them's Fightin' Herds, originally a My Little Pony fangame, but due to Hasbro being a you-know-what about it, the game was turned into fully original work.

Also the exclusion of fan games here only applies to free such, because they usually are covered by fair use, parody, and other nice little things like that. Not currently seeing any reason to expand this tag to free ones as well.