this post was submitted on 28 Sep 2024
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[–] [email protected] 145 points 5 days ago (4 children)

I love how this continues to crank out articles with 0 information and everyone speculating what it might be about.

Don't get me wrong, Nintendo are dickheads, but you can clearly see how everyone greedily clicks on these articles considering how often they get rehashed.

[–] [email protected] 27 points 5 days ago

Yes, there are going to be opinion pieces like this one filling the space for a major news story like this one, but there's still room for proper journalism right now. I recommend folks check out PC Gamer's interview with an IP attorney that worked in Tokyo (which was also the second link in this posted article).

Software patents are a thorny topic, and it's worthwhile for enthusiasts of the industry or those interested in IP law to read up on the concept in general. There's risk for Nintendo here, and I found Sigmon's offhand comment about how Nintendo's ramped up legal hiring to be particularly interesting.

[–] [email protected] 12 points 5 days ago

Even with more info these articles just devolve into

Mario man bad but we all still love Mario? New Zelda in the spring be sure to line up now.

[–] [email protected] 2 points 5 days ago (1 children)

Eh standard copyright profit seeking. They waited until it generated money. Copyright just kills new media now.

[–] [email protected] 47 points 5 days ago (2 children)

Except this isn't a copyright case. They're claiming patent infringement.

[–] [email protected] 7 points 5 days ago* (last edited 5 days ago) (3 children)

The patent expired 10 years ago at the latest and even then It's an Idea patent so they are squatting to quash innovation. Pokemon are at best patent trolls.

[–] [email protected] 26 points 5 days ago

Hard to know if the patent is expired when they haven't even officially announced which ones they plan to bring forward in the suit.

The only info I was aware of so far is that there were multiple claims they were making.

[–] [email protected] 13 points 5 days ago

Not disagreeing, just pointing out it's not a traditional copyright claim like so many others we see.

[–] [email protected] 9 points 5 days ago

What patent are you referring to?

[–] [email protected] 4 points 5 days ago (1 children)

So nintendo and palworld are based in Japan which has no fair use on copyright.

If this became a copyright case in Japan and palworld won it could change the law on copyright fair use in, which Nintendo and other corps don't want as it would open up new games based on their products under fair use.

The only way Nintendo can attack palworld is via patent infringement.

[–] [email protected] 24 points 5 days ago* (last edited 5 days ago)

If this became a copyright case in Japan and palworld won it could change the law on copyright fair use

not every country has case law. most of Europe is eg using "code law", which means a precedent doesn't change the law, but only applies to the one specific case with all its specific context and circumstances taken into account. under slightly different circumstances, a judge may rule differently

[–] [email protected] 36 points 5 days ago (2 children)

I think the thing that's the most confusing about this is why did they wait??

"The timing is particularly baffling: Nintendo did not strike when the iron was hot and everyone was talking about Palworld and Pokémon, and at this late date, why bother? The greatest heights of Palworld's success were clearly driven by the memetic catchiness of its Pokémon parody, now it's just another survival crafting game with a stable enough core community⁠—see also Valheim or Sons of the Forest. Palword has faded into the background, a brief curiosity overshadowed by 2024's far more enduring megahit, Helldivers 2. Just in time for everyone to have largely forgotten about Palworld and moved on, Nintendo has swooped in to announce: "In case you've forgotten, they're the little guy, and we are huge, awful bullies."

Palworld has reportedly made nearly $500 million now (source - Simon Carless). Even if Nintendo win in some way won't it cost them so much more to take Pocket Pair down now?

[–] [email protected] 36 points 5 days ago (2 children)

They waited until they could file a few new patents, namely the catching and mounting mechanisms. Now they have a bit more legal standing it seems, although I'm not sure how this is all gonna shake out

[–] [email protected] 30 points 5 days ago (3 children)

Patents filed after your rival releases a product don’t work - it’s textbook prior art.

[–] [email protected] 18 points 5 days ago

I remember reading that Japan is very weird in regards to patent law, there's almost no oversight whatsoever even for incredibly basic concepts like a title screen but there's kind of a general agreement not to sue eachother. Assuming thats true Nintendo is currently burning a lot of face right now by breaking that precident.

[–] [email protected] 9 points 5 days ago* (last edited 5 days ago)

They aren't "new" patents. They're divisional patents, essentially splitting an older patent into two different patents that retain the date of the parent patent.

Either way this is a pretty scummy move on Nintendo's part.

[–] [email protected] 5 points 5 days ago* (last edited 5 days ago)

Not sure how it works in Japan but you're probably right. Edit: Was thinking about this article that lays out the known details pretty well

[–] [email protected] 6 points 5 days ago* (last edited 4 days ago)

I'm going to patent the crap out of everything.

Like if you push a button in the direction your character is facing you move in that direction. I'm going to patent that shit.

Then I'm going to patent that if you push button and the opposite direction of your character, if it's a 3D game you turn around. And then I have ab separate patent with having the character walk backwards.

I'll just take the absolute piss out of the most basic things and absolutely everything I can find. And then throw a bunch of frivolous patent lawsuits at Nintendo.

I know it's petty. But maybe Nintendo, like many other corporations in the gaming industry, have just been around maybe a little too long and have lost the vision and the purpose. Cuz at this point Nintendo's not even trying. But they are heavily relying on nostalgia for sales. They're more known for being a litigious company than a gaming company.

[–] [email protected] 9 points 5 days ago

To maximize profits and costs they can go after, and to be a bit less on the radar of the public eye. Now that palworld is essentially done making money, Nintendo can go after that amount.

Say it is the throwing spheres that Nintendo is basing the suit off of. If Nintendo tried suing in the midst of its popularity, palworld could have just switched the capture system to like a special gun or cubes or something. Nintendo wanted to wait in order to financially crush them into dust.

[–] [email protected] 17 points 5 days ago

I for one am a lifelong Nintendo customer that has finally decided to boycott them moving forward. Plenty of other companies to support.