Timmeh wrote on Sep 20, 2024, 08:51:

jacobvandy wrote on Sep 19, 2024, 11:04:
"You can't patent throwing a ball!" scream all the armchair lawyers that spent 8 minutes speculating about a lawsuit Nintendo spent the last 8 months preparing...

They know its a bullshit lawsuit. they are hoping to destroy pocketpair with legal fees.

If that was the case, they should have done that at launch. Palworld has sold 25M copies, netting PocketPair hundreds of millions of dollars on a game that cost $7M to make. They can easily afford the best lawyers and defend this lawsuit for decades.

jacobvandy wrote on Sep 19, 2024, 11:04:
"You can't patent throwing a ball!" scream all the armchair lawyers that spent 8 minutes speculating about a lawsuit Nintendo spent the last 8 months preparing...

They know its a bullshit lawsuit. they are hoping to destroy pocketpair with legal fees.

Prez wrote on Sep 19, 2024, 14:17:
There is a wide difference between something colloquially being a rip-off (like Rebel Moon is clearly a "rip-off" of Star Wars) and being an actual legal copyright-infringing violation (which is why LucasFilm didn't sue Zach Snyder).

Homage, Prez. It's an homage.

Kxmode wrote on Sep 19, 2024, 13:14:
Very smart of Nintendo to wait until the game is a success so there's money to collect should they win.

The flip side is that PocketPair has a lot more money to defend themselves with.

Steele Johnson wrote on Sep 19, 2024, 14:50:

Xero wrote on Sep 19, 2024, 12:46:

phinn wrote on Sep 19, 2024, 11:35:
Does Nintendo own the rights to the entire monster taming genre?

Nintendo has gotta be the most pathetic company in gaming. So glad I banned them back in the 90s with their trash N64/GC consoles around when they lost Square. Best way to play Nintendo games now is Ryujinx. TOTK at 1440p 60fps.

This is my thoughts here. Just because an idea in a game is similar does not make it the same game or IP. Otherwise HUNDREDS/THOUSANDS of companies would be suing each other over ideas taken from one another. Heck, even goes into the movies we watch there the storyline is basically taken from another, mix in a new story arch here and there and whala! You got a new movie/story.

I can't see Nintendo winning this. There is enough alterations in Palworld to be its own game. Just because something draws similarities to another, does not make it a complete ripoff.

These kinds of lawsuits are generally about patent infringement. If Nintendo was allowed patents that are specific to Pokémon and Pokémon video games, then their legal team will always evaluate possible infringements and determine if it's worth pursuing a lawsuit

Once again, the big problem here is that at least one of the patents were filed 3 months after Palworld launched.

Nintendo laywers just fishing on the off chance they can get a payday.

Xero wrote on Sep 19, 2024, 12:46:

phinn wrote on Sep 19, 2024, 11:35:
Does Nintendo own the rights to the entire monster taming genre?

Nintendo has gotta be the most pathetic company in gaming. So glad I banned them back in the 90s with their trash N64/GC consoles around when they lost Square. Best way to play Nintendo games now is Ryujinx. TOTK at 1440p 60fps.

This is my thoughts here. Just because an idea in a game is similar does not make it the same game or IP. Otherwise HUNDREDS/THOUSANDS of companies would be suing each other over ideas taken from one another. Heck, even goes into the movies we watch there the storyline is basically taken from another, mix in a new story arch here and there and whala! You got a new movie/story.

I can't see Nintendo winning this. There is enough alterations in Palworld to be its own game. Just because something draws similarities to another, does not make it a complete ripoff.

These kinds of lawsuits are generally about patent infringement. If Nintendo was allowed patents that are specific to Pokémon and Pokémon video games, then their legal team will always evaluate possible infringements and determine if it's worth pursuing a lawsuit

I highly doubt that Nintendo can get a victory here. You can't patent a concept (which is why there are 10000 FPS games), and when using a simply drawn, basic cartoon characters as your monsters the slightest variation makes this case a non-starter under copyright law. Patent law I understand less well but for a patent to be violated there's a very large burden of proof and frankly I haven't seen any violations of patent. Nintendo is very likely hoping for an out-of-court settlement here, as that is much more likely than a win in court for them. There is a wide difference between something colloquially being a rip-off (like Rebel Moon is clearly a "rip-off" of Star Wars) and being an actual legal copyright-infringing violation (which is why LucasFilm didn't sue Zach Snyder).

EDIT: Something that I didn't mention but could possibly have a bearing on this suit is that it was filed in Tokyo, which I assume means that it is subject specifically to Japanese Trademark and Patent Law. I don't know how it differs from the laws in the US and Canada.

This comment was edited on Sep 19, 2024, 14:55.

Very smart of Nintendo to wait until the game is a success so there's money to collect should they win.

phinn wrote on Sep 19, 2024, 11:35:
Does Nintendo own the rights to the entire monster taming genre?

Nintendo has gotta be the most pathetic company in gaming. So glad I banned them back in the 90s with their trash N64/GC consoles around when they lost Square. Best way to play Nintendo games now is Ryujinx. TOTK at 1440p 60fps.

This is my thoughts here. Just because an idea in a game is similar does not make it the same game or IP. Otherwise HUNDREDS/THOUSANDS of companies would be suing each other over ideas taken from one another. Heck, even goes into the movies we watch there the storyline is basically taken from another, mix in a new story arch here and there and whala! You got a new movie/story.

I can't see Nintendo winning this. There is enough alterations in Palworld to be its own game. Just because something draws similarities to another, does not make it a complete ripoff.

Interesting that it's a patent infringement lawsuit instead of copyright, which is what I would have guessed TPC would have the biggest issue with.

digimon has similar mechanics and bandai didnt get sued. pokemon doesnt have base building, nor toolwork, nor guns etc. Pals are clearly killed too.

I dont think it is as clear cut. Until we know which patents have been infringed its a guessing game. nintendo havent said they are pursuing IP infringement, which is interesting.

perhaps palworld should patent base building pals with gun after being captured. That would be hilarious.

Maybe it took Nintendo long to thoroughly prepare for court or they simply waited for a big money investor to make more money by suing. Sony, are you going to cut ties now with Pocketpair?

Is it a double edged sword? Waiting for a game you consider to use your IP to make more dough so you can take more dough when you sue? At the other side of the sword, more dough might mean they can afford to lawyer-up better, so the fight is harder? Bah, I really don't know how this works. I don't own Palworld or a sony nintendo console for that matter. I am a simple man.

jacobvandy wrote on Sep 19, 2024, 11:04:
"You can't patent throwing a ball!" scream all the armchair lawyers that spent 8 minutes speculating about a lawsuit Nintendo spent the last 8 months preparing...

There's an issue with the only kind of potentially related patent anyone has found, it appears that Nintendo applied for it 3 months after Palworld's release.

phinn wrote on Sep 19, 2024, 11:35:
Does Nintendo own the rights to the entire monster taming genre?

Nintendo has gotta be the most pathetic company in gaming. So glad I banned them back in the 90s with their trash N64/GC consoles around when they lost Square. Best way to play Nintendo games now is Ryujinx. TOTK at 1440p 60fps.

Don't forget the mods - in my Steam Deck playthru, Cloud Strife saves Hyrule!

Does Nintendo own the rights to the entire monster taming genre?

Nintendo has gotta be the most pathetic company in gaming. So glad I banned them back in the 90s with their trash N64/GC consoles around when they lost Square. Best way to play Nintendo games now is Ryujinx. TOTK at 1440p 60fps.

_Cory wrote on Sep 19, 2024, 11:03:
This is interesting, now that Sony has a partnership with Pocketpair.

That's probably the reason right there. Sony, a competitor with deep pockets, is a much more attractive target for a lawsuit. This is traditional Nintendo: taking their time to craft something that is usually good. This also applies to lawsuits too it seems but I doubt this gambit will play out in their favor.

jacobvandy wrote on Sep 19, 2024, 11:04:
"You can't patent throwing a ball!" scream all the armchair lawyers that spent 8 minutes speculating about a lawsuit Nintendo spent the last 8 months preparing...

I was going to say, Nintendo has learned from it's previous missteps here. Instead of taking a PR hit with an immediate cease and desist, they took the time to build their case. I am not an armchair lawyer, but my "critical thinking" skills are telling me Palworld is in trouble.

Finally, lol. Not that I wanted them to get sued, but how the hell weren't they sued so far?

Apparently the answer was, so an army of lawyers could prepare.