I think most people by piracy mean distributing a copy of the game (perhaps modified a bit, eg. with the copy protection circumvented). Fan remakes are usually written from scratch, so their creators are not pirates in that sense.
They are, however, using somebody else's intellectual property, which is considered a crime in most parts of the World. Whether the original game is sold or not, is irrelevant.
...at least, legally speaking. Ethically, it's not as clear-cut, and this topic has been done to death on the forums.
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