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Amid the Palworld dispute, one analyst says Nintendo only strikes when it wants to because it "could have sued half the gaming industry back in 2017"

w5y6TPhqjXR9aXHeTJXLqF-1200-80.jpg.webp


Analyst Serkan Toto explained how Nintendo sued Japanese mobile gaming powerhouse Colopl in 2017 over similar patent infringements, and eventually won ¥3 billion (around $21 million), plus licensing fees that are still being paid to this day. "It took them four years and in the end it was basically a settlement, but Nintendo won, and they sued them on the ground of six patents," Toto says.

Nintendo this week announced that it had filed a lawsuit against Palworld over the creature-collectathon's patent infringement, not copyright infringement, meaning it might have "given up" on arguing that Pals looked too much like Pokemons. While the details of the suit aren't yet public, the focus on patents probably indicates that certain Palworld game mechanics are - as the Big N's legal team will argue - under Nintendo's ownership, for better or for worse.

"They have a patent on when you have an isometric view, and then a character is covered by a tree, for example, the character can still be seen as a shadow," Toto says. "This is in like every single isometric game. They had the desire back in 2017 to spit in Colopl's bowl, and came up with these patents." Nintendo's sweeping list of patents means it likely "could have sued half of the gaming industry back in 2017," according to Toto.

"They have thousands and thousands of patents on other things," Toto continues. "And they can decide when they want to initiate a lawsuit, and when they don't want to initiate a lawsuit."

Palworld has become a monster success and shifted tens of millions of sales in the months since its launch, so why did Nintendo choose this particular moment to declare legal action? Toto reckons that "Nintendo felt threatened" as Palworld has began expanding into multiplatform releases, anime, and merchandising of the Pals - areas where The Pokemon Company traditionally makes its billions.


eric cartman pokemon GIF by South Park
 

Jinzo Prime

Member
w5y6TPhqjXR9aXHeTJXLqF-1200-80.jpg.webp


Analyst Serkan Toto explained how Nintendo sued Japanese mobile gaming powerhouse Colopl in 2017 over similar patent infringements, and eventually won ¥3 billion (around $21 million), plus licensing fees that are still being paid to this day. "It took them four years and in the end it was basically a settlement, but Nintendo won, and they sued them on the ground of six patents," Toto says.

Nintendo this week announced that it had filed a lawsuit against Palworld over the creature-collectathon's patent infringement, not copyright infringement, meaning it might have "given up" on arguing that Pals looked too much like Pokemons. While the details of the suit aren't yet public, the focus on patents probably indicates that certain Palworld game mechanics are - as the Big N's legal team will argue - under Nintendo's ownership, for better or for worse.

"They have a patent on when you have an isometric view, and then a character is covered by a tree, for example, the character can still be seen as a shadow," Toto says. "This is in like every single isometric game. They had the desire back in 2017 to spit in Colopl's bowl, and came up with these patents." Nintendo's sweeping list of patents means it likely "could have sued half of the gaming industry back in 2017," according to Toto.

"They have thousands and thousands of patents on other things," Toto continues. "And they can decide when they want to initiate a lawsuit, and when they don't want to initiate a lawsuit."

Palworld has become a monster success and shifted tens of millions of sales in the months since its launch, so why did Nintendo choose this particular moment to declare legal action? Toto reckons that "Nintendo felt threatened" as Palworld has began expanding into multiplatform releases, anime, and merchandising of the Pals - areas where The Pokemon Company traditionally makes its billions.


eric cartman pokemon GIF by South Park
So they are master patent trolls then? This is going to be interesting.

If PocketPair wasn't in Japan I bet Nintendo would have a harder time bringing a case against them.
 
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Ozzie666

Member
Has anyone patended how Yoda Speaks or how text dialogue in RPGS scrolls across a blue box. This seems like a major flaw in the laws. Beyond stupid if you ask me.
I mean clever of them but at the same time, sounds like they could sue almost every game company out there and run them out of business.
 
Maybe current patent law needs to be reconsidered if you can sue for ridiculous shit like this.
The whole patent system sounds like it needs a complete overhaul on what can and can’t be patented. This lawsuit can set a really bad precedent.
Microsoft used the same technique with mobile patents a few years ago and got many companies using android OS to pay them. Closer to gaming, Bandai Namco did patent minigames during loading times and that one they did enforce. Nintendo choose not to use that weapon like other did, and in stuff like handhelds they are probably even more in control than we can imagine. Here I suppose that they are really pissed at Palword. Probably the guns.
 
"They have a patent on when you have an isometric view, and then a character is covered by a tree, for example, the character can still be seen as a shadow,"
If I understand this correctly then there's something fundamentally wrong with the way patents and related rights are handled in western civilization.
 

Soodanim

Member
I somehow didn't know about the patent trolling and it seems like others didn't either. It feels like that should be more common knowledge, that's pretty dispicable

Taking down ROM sites is protecting their products, whether we like it or not.

Taking down YouTube videos is retarded, but not the world's biggest crime.

Taking down other companies through patent trolling is straight up power abuse and bullying.
 
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Holammer

Member
they back stabbed the wrong one... and the same one has now a partnership with pocket pair... things are getting juicy
As I mentioned in another thread, they just sealed a merch & media deal with Sony Music and there are rumours they are going to show the PS5 version of Palworld at TGS.
Will be interesting to see how they respond. Kudos to Sony if they go ahead and show the game with an "available now".

As for the analyst? If he's some fancy anal-cyst he should know selective enforcement of intellectual property will void it. The judge will ask tough questions as to why they haven't enforced gameplay related patents rigorously until now.
 
It is of my opinion they sued because Sony invested in them.

This seems obvious to me, but no-one seems to be mentioning it.


I think this is so "in your face" that doesn't need mentioning.

And it's fucking stupid. They can't sue "half the industry" when they aren't at the top of the tech race and the other companies might patent troll so they will never get there.

It's a petty attitude that can only backfire.
 

Begleiter

Member
It's nonsense. A lot of their patents wouldn't stand up if tested in other jurisdictions, Nintendo is relying on their size and the favourable conditions of the Japanese legal system. They're selective about who they sue because a ton of their patents would be thrown out and suits lost if the conditions aren't ideal.
 
I just think it's funny how Nintendo is painted as this big evil corpo, as it's such a huge contrast to the nature of their games.

Also, I wasn't aware of Palworld merch (or anime). I just checked out https://palworld-shop.com and I'm surprised they're already pushing so much merch.
 

Lunarorbit

Member
It is of my opinion they sued because Sony invested in them.

This seems obvious to me, but no-one seems to be mentioning it.
Interesting. They love fucking Sony over. Learning the history of how ps started it was over Nintendo getting into their own patent problems with music in their games. They had a contract with Sony and Phillips, I believe, and Sony had a patent to music software.

Nintendo got pissed cause they didn't want to pay a licensing fee to Sony for the sound system and canceled their new console with them. Sony was pissed and started ps to compete.

Love Nintendo but their super petty with lawsuits. Yeah yeah I know they have to be to protect their ip but their dicks about it
 

Neofire

Member
Nintendo is basically the new Apple when it comes to patentd. They are lucky they are in Japan though because a lot of those patents are just crazy......a patent on a characters shadow behind a tree wtf? Lol
 

Doom85

Member
Does this analyst seriously believe this could not quickly be Reverse Uno’d on Nintendo? I know some gamers live in a fantasy world where Nintendo developers do not play non-Nintendo games despite those developers frequently mentioning said non-Nintendo games, but you would think an analyst would know better. Nintendo hardly invented everything in gaming and they definitely could be found guilty in plenty of ways if we got this nitpicky in game design origin.

If Nintendo did want to get that petty, well I hope they’re ready for what comes next. Because as they say:

Fs6k6vL.gif
 
Don’t Nintendo have a patent for pressure sensitive buttons? So the harder or longer you press a button the further you jump, so basically every platformer.

Capcom have some crazy ones too from what I recall
 

grvg

Member
I know this is patent related and not copyright related, but copyright should only last for 20 years.

If we did not have these stupid fucking IP laws, lots of old series that are rotting in a mega corporations basement would be getting fan games now.
 

Tams

Member
I just think it's funny how Nintendo is painted as this big evil corpo, as it's such a huge contrast to the nature of their games.

Also, I wasn't aware of Palworld merch (or anime). I just checked out https://palworld-shop.com and I'm surprised they're already pushing so much merch.

 

Saber

Member
This is something I keep bringing, the aftermatch. If this silly stuff end up in Nintendos favor, the precendents would be absurdly terrible.
Imagine a company patenting jumps or bonfire like mechanics or even backtracking(castlevania) like mechanics. I could see this stupid shit moving to battles and issuing commands to things(monsters or humans). This will be chaotic.
 
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