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.
Abstract: In an example of a game program, a ground boarding target object or an air boarding target objects is selected by a selection operation, and a player character is caused to board the selected boarding target object. If the player character aboard the air boarding target object moves toward the ground player character automatically changed to the state where the player character is aboard the ground boarding target object, and brought into the state where the player character can move on the ground.
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.
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.
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:
A non-transitory computer-readable storage medium having stored therein a game program causing a computer of an information processing apparatus to provide execution comprising:
controlling a player character in a virtual space based on a first operation input;
in association with selecting, based on a selection operation, a boarding object that the player character can board and providing a boarding instruction, causing the player character to board the boarding object and bringing the player character into a state where the player character can move, wherein the boarding object is selected among a plurality of types of objects that the player character owns;
in association with providing a second operation input when the player character is in the air, causing the player character to board an air boarding object and bringing the player character into a state where the player character can move in the air; and
while the player character is aboard the air boarding object, moving the player character, aboard the air boarding object, in the air based on a third operation input.
Exactly everything described above must be done in that exact same way for there to be an infringement.
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.
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.
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
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
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.
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.
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.