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It’s still identifiably distinct, I really hope Nintendo lose because allowing copyright of a concecpt is dystopian especially in the context of our lengthy time frames for copyright.
It reminds me of when Apple wanted to patent the idea of rounded corners.
It’s not even copyright, they’re suing for using things they patented, but their patents are extremely general. I kid you not, they have a patent for MOUNTING CREATURES, something hundreds of games have done.
I’m no lawyer so I can’t tell you how well this would hold up in court but it’s ridiculous. See more: https://patents.justia.com/assignee/the-pokemon-company
It’s a little more specific, I think the patent is about:
But that’s still something multiple games have done in some way I think.
So, just like FFXIV?
They better sue Microsoft over WoW, then, their IP did that in 2007.
I think Joust did this first. Difference might be that the player is permanently mounted all the time.
Drakengard comes to mind
Holy shit I forgot about Drakengard. That’s the one with the giant sky babies right?
I am positive prior art could be claimed for most if not all of those. Square Enix could cry afoul of the “mounting creatures” one as well as I’m sure many, many other earlier games on a plethora of platforms.
You could mount and ride Chocobos in Final Fantasy 2, i.e. the real “2,” the JDM only one on Famicom, which was released in 1988. The aforementioned patent was only filed on Nintendo’s part in 2024.
They can, to use a technical legal term, get fucked.
Blizzard should be paying attention to this, as it perfectly describes their flying mounts.
I really hope Nintendo just picked a fight with Blizzard/Microsoft lol
Bullies tend to pick victims who can’t fight back too effectively, so I doubt they’d go after Microsoft.
All the big tech companies have a bunch of vague patents than in a just world would never exist, and they seldom go after each other, because they know then they’ll be hit with a counter-suit alleging they violate multiple patents too, and in the end everyone except the lawyers will be worse off. It’s sort of like mutually assured destruction. They don’t generally preemptively invalidate each other’s patents, so if Microsoft is not a party to the suit, they’ll likely stay out of it entirely.
However, newer and smaller companies are less likely to be able to counter-sue as effectively, so if they pose a threat of taking revenue from the big companies (e.g. by launching on competitor platforms only), they are ripe targets for patent-based harassment.
While Microsoft is not a target right now, if that patent for ground-flying mounts is used (which I doubt it will, given it’s too recent and widely used by older games), Palworld can just point at World of Warcraft Burning Crusade as prior art and it suddenly becomes MS vs Nintendo.
Yes but it’s fucking expensive to invalidate a patent. Possibly in the millions of dollars. That’s how patent trolls succeed - it’s far cheaper to own a bad patent than to fight one.
Well it’s a good thing Palworld was a huge sales success.
And now more free advertising from the streisand effect
IANAL - but I’ve worked for Big Company and have gone through the patent process a few times. A patent isn’t what’s written in the supporting text and abstract. It’s only the exact thing written out in the claims.
First claim from the patent the abstract is from:
Exactly everything described above must be done in that exact same way for there to be an infringement.
Which sounds like mount selection based on if onland==True: landmountlist, else: airmountlist. ??? Can you really patent “I used an if statement to change what the mount button does based on a condition”
Boy, better fucking patent that fucking pure genius there’s no way anyone could program that without having copied us.
Like I fucking hope I misread that.
That seems a bit more easy to get around. It is still crazy to think that you have to check your whole game design against that many patents 😅
it’s stupid. I’m convinced that people who oversee software patents don’t even know what’s a computer.
Of course they do! It’s those weird white boxes that nerdy nerds nerd about with numbers and shit
I mean they successfully defended the motion of swiping up or down as distinctly different than left or right for the purpose of activating a device. Which seems insane to me.
And now you have to swipe up to activate the iPhone as well 🤭
That’s a patent, not a copywrite.
Software patents are also terrible, though.
They are being sued for patent infringement not copyright violations, which is extra weird.
What’s weird about it? AFAICT, Palworld doesn’t violate Nintendo copyright in any meaningful sense, though it might violate Nintendo’s patent claims.
That said, this lawsuit seems really late, and I wonder if that’ll factor into the decision at all (i.e. if it was close, the judge/jury might take the lack of action by Nintendo as evidence of them just looking for money).
Seems even more odd because to my eyes Nintendo probably had a better (but not super-good) chance of winning on copyright for some of the models used on the Pals than anything patent related. Stuff like riding/transforming mount animals and vehicles are basic exploration gaming functions. If they failed to defend the patent on other prior games that used those mechanics, they don’t really stand a chance here.
It’s not a copyright suit, it’s a patent suit. So it’s indeed just like the Apple suit, though what patents were infringed upon is still unknown as of now.
Ah, I just assumed, thanks for the correction.