It’s kinda surprising they didn’t sue over the much less legally grey IP infringements.
Comment on Nintendo filed a lawsuit against Pocketpair, Inc.
jordanlund@lemmy.world 1 month ago
Only surprise here is “Why did it take so long?”
SlippiHUD@lemmy.world 1 month ago
ShinkanTrain@lemmy.ml 1 month ago
Nintendo: Can we sue them over the designs
Lawyer: Not really
…
Lawyer: But we can sue them anyway
cm0002@lemmy.world 1 month ago
Nintendo: Can we sue them over the designs?
Lawyer: Not really, this shit is impossible to prove
…starts closing the money briefcaseLawyer: But we can sue them anyway
Ashtear@lemm.ee 1 month ago
Similar visual design happens all the time in Japanese media and there’s rarely litigation over it. Patent lawsuits are much more common in Japan.
SlippiHUD@lemmy.world 1 month ago
I don’t know if that’s true, but most of those patents are incredibly iffy, they seem to describe basic functions of how videogames have worked since WoW.
They seem to have tried patenting have a character that can walk, drive, and fly in a videogame on May 2, 2024.
Ashtear@lemm.ee 1 month ago
It has to do with how the statute is written (I used to do comparative international IP policy research and analysis). Japanese works are given fairly wide latitude in creative sectors based on artistic intent. For example, you’ll see knockoff brands all the time in anime or manga, but the intent is clearly world building (or parody), not appropriation for promotional use. That artistic intent standard is used in the courts. This is why all the side-by-side comparisons people here probably saw on Twitter when Palworld came out was more of an ethnocentric American approach. Plus, copyright infringement is frequently incidental and not the result of large investment (unlike patents), so, in a country that prefers to handle domestic disputes informally, these incidents are less likely to go to court.
As a country that more recently entered the world stage based on manufacturing, patent protection is simply going to be taken more seriously as part of the culture. And yes–while I don’t have numbers–patent litigation does seem to get thrown out often when it comes to video games, at least the high-profile stuff, anyway. Here’s an example between Koei Tecmo and Capcom since I was already on Variety.
Shadow@lemmy.ca 1 month ago
Gotta wait until palworld has made a bucket of money for Nintendo to point at, claim damages, then try to take.