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this post was submitted on 20 Sep 2024
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Yeah but that's not the point.
The point is Nintendo being able to parent troll any threat they see because the Japanese patent system is so dumb and rotten that they are allowed to patent something as stupid as a confirmation window to resume a game.
That is the real problem here. Nintendo is being shitty and has a dangerous capability to literally kill any game they don't like.
That's all that matters. They can (and will, let's not pretend they are a charity) sue potentially any competitors because of this. Nintendo is not a good company and doesn't act in good will. They want money, and they will do whatever to get more. Shutting down a fan game by simply saying "I have more money than you so even if you're not doing anything wrong, you can't afford defending against me" or patent trolling any game that has even a simple confirmation window.
Yeah, they could. However, I think if they DID sue Digimon, TemTem, Monster Hunters, etc using the same patent trolling tactics, they'd probably have a harder time winning, because those games haven't (as blatantly) copied Nintendo. I suspect that's why they haven't done so.
From the article:
Yeah, they are abusing the patent system. And yes, they potentially have a case against basically any game. This is what we should be talking about.
And we would be talking about it, if Palworld was NOT such a blatant ripoff of Pokemon.
It's like using the OJ Simpson trial as an example of how messed up the LAPD is. Is the LAPD fucked up? Yes. Is OJ Simpson someone that we should be sympathetic to? Not so much.
If they start going after games that are NOT blatant ripoffs of their IP, then yes, I'm much more concerned about the abuses of the patent system. Patent trolling IS a real problem, I'm just not sure if Palworld is the right catalyst for people to be sympathetic about patent trolling.
And still, Nintendo can't sue for copyright (or doesn't want to) which is interesting, because if it was such an evident rip off as everything says and the case was so clear, why wouldn't they go that way?
There's inspiration in the monsters, but what else? Is Pokémon an open world with survival mechanics? Can Pokémon carry weapons?
The problem is still the fact that Nintendo has these patents. That is the issue here. I wouldn't argue if they made a copyright claim, but they are doing a scummy thing and they are setting a precedent that's dangerous. Basically they're telling a new player in Japanese business "hey, we're the big fish, we own the place, you don't have business here, go away".
Yeah, the "chilling effect" is a big problem. I'm sure the creators of TemTem and other alternatives are getting nervous.
I guess we'll never know whether Palworld could have avoided this with a different art style or varying the catching mechanics more.
Nintendo even owns a patent for "riding a creature" in a game. That is such a broad concept that a normal parent system shouldn't allow because of how broad it is. It's just dumb. And Nintendo is taking advantage of it.
Edit: temtem is not Japanese, and any other patent office in the world will laugh at Nintendo if they tried to make a claim in their countries, but since Palworld is Japanese as Nintendo, they can make the claim there.