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Are you enjoying Palworld?
(lemmynsfw.com)
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this post was submitted on 29 Jan 2024
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So far Pocketpair has been VERY careful about actually infringing on copyright or trademarks. People smarter than I am are pretty certain that if Nintendo or the Pokemon Company could take legal action against the game as it is, they would have already. The important things to note are that you cannot copyright an art style and you cannot copyright or patent game mechanics. And even if things were touch and go, the gameplay loop of adding survival elements and an emphasis on cooperative guild base management is pretty transformative compared to Pokemon games. So as long as they avoid adding pals that are so close to their Pokemon counterparts that they don't pass the squint test they will be alright.
Agreed, all of the 'drama' surrounding this possible copyright case is largely created by youtubers and tiktokers for views.
That said, Nintendo WILL probably sue but as a formality to protect their brand, and will gracefully pay Pocket Pair's legal fees as a cost of business once the court rules in Pocket Pair's favor to keep their copyrights from lapsing to generic use. It's not uncommon.
Not doing that is how Bayer lost the copyright for 'Asprin' in the U.S.
Now if a ton of people refer to Pals as Pokemon the same way people refer to all tissues as Kleenex, THEN they might legitimately run the risk of losing their copyright and will pursue aggressively but I don't see that happening.
While all of that appears to be true, that doesn't mean Nintendo/TPC aren't able to make this small studio's lives a nightmare if they wanted. I have a feeling that the level of scrutiny the studio will be under from now on is going to inhibit any real innovation, as they're already walking a very fine line as it is.
It's also worth noting that they're both Japanese companies, and Japan has different views on IP than the rest of the world. I don't really know enough to go into detail, but it's entirely possible something a company from the US could laugh off is enough to get action taken in Japan.