Comment on Nintendo filed a lawsuit against Pocketpair, Inc.

• ShinkanTrain@lemmy.ml ⁨2⁩ ⁨months⁩ ago

  Nintendo: Can we sue them over the designs

  Lawyer: Not really

  …

  Lawyer: But we can sue them anyway

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  • cm0002@lemmy.world ⁨2⁩ ⁨months⁩ ago

    Nintendo: Can we sue them over the designs?

    Lawyer: Not really, this shit is impossible to prove

    … starts closing the money briefcase

    Lawyer: But we can sue them anyway

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• Ashtear@lemm.ee ⁨2⁩ ⁨months⁩ 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.

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  • SlippiHUD@lemmy.world ⁨2⁩ ⁨months⁩ 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.

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    • Ashtear@lemm.ee ⁨2⁩ ⁨months⁩ 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.

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