With the implementation of Patch v0.5.5 this week, we must make yet another compromise. From this patch onward, gliding will be performed using a glider rather than with Pals. Pals in the player’s team will still provide passive buffs to gliding, but players will now need to have a glider in their inventory in order to glide.

How lame. Japan needs to fix its patent laws, it’s ridiculous Nintendo owns the simple concept of using an animal to fly.

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    This lawsuit is so stupid. In my opinion, patenting, copyrighting, or trademarking concepts or mechanics in video games shouldn’t be allowed at all. The nemesis system in the Shadow of Mordor games was so cool, but we’re never going to see anything like it again. Warner went through the trouble to copyright (or something idk I’m not a lawyer) that system, and then let the series die out.

    I’m waiting to see the headlines that any other games with a shooty thing that goes bang is illegal, and the concept of shooting a gun in a video game is going to be owned by either Rockstar/Take Two or the collective mob of Call of Duty developers. If the world is gonna get that stupid, I got my fingers crossed that Bubsy 3D owns the rights to jumping

    Edit: Thought about it for 10 more seconds and I have questions. Is it specifically gliding using a creature that Nintendo has a problem with, or is it creature-assisted traversal in general? Can they sue Skyrim since you can ride horses? Palworld made the change so that you need to build a glider to glide around. BOTW and TOTK used gliders. Is Nintendo gonna sue them for that now too? I fucking hate all of this so God damned much

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      I’m unconvinced that the Nemesis system would have worked well in too many other settings, but one game patent that had a tangible effect on the industry was Bandai-Namco’s patent on loading screen mini games. Remember how you could make the Soul Calibur II characters yell stuff while the match loaded? Funny that we didn’t see it again until Street Fighter 6, isn’t it? Conveniently after a patent would have expired. We went through an entire era of games with load times that could have benefited from mini games, and by the time the patent expired, we had largely come up with ways to get rid of load screens altogether.

      • CleoTheWizard@lemmy.world
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        Well saying the nemesis system wouldn’t have worked well in other games is almost assuming that it wouldn’t be changed or evolved to fit other genres. People forget that the real damage some patents/copyrights do is not in their explicit existence, it’s the sphere of influence they exert on related concepts entirely. We weren’t just robbed of the nemesis system, we were robbed of anything even slightly resembling it.

        And I feel like once you understand that you realize it can be adapted to greater things. Spider Man games could have used it. Assassins creed would have been an amazing place for experimentation with those ideas. Could be adapted to Star Wars games, dragons dogma, yakuza, borderlands. And it doesn’t need to be a central focus of these games like it was with the WB games. But even the concept of having enemies that kill you be leveled up in some way is now tainted.

        • GraniteM@lemmy.world
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          Horizon Zero Dawn would have been awesome with a nemesis system, especially if it was applied to the robo-dinosaurs. You could have the in-universe justification that a particular robot uploads its consciousness upon death and downloads into a new body, and now it remembers how you killed it before and it will adapt accordingly. Start having epic robots that know you, and you have to keep an eye out for them, but also upon being destroyed they could dispense better scraps.

        • ampersandrew@lemmy.world
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          Maybe it is a lack of imagination on my part, but that mechanic seems to rely heavily on characters that can be killed and come back to life with a vengeance on a regular basis, which I don’t think makes sense in any of the settings you listed except for Borderlands, with its New-U stations, funny enough. You could adapt it into something where both you and an enemy are defeated non-lethally, I suppose, but that’s a concept that strangely doesn’t have a common template in video games.

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            Spiderman and Batman are literally famous for not killing their enemies, so I think your first sentence is way more than a maybe.

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      The tried to patent fucking MOUNTS. Someone get square and blizzard on the sue-train and ream Nintendo a new one.

        • MagnyusG@lemmy.world
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          most consumers don’t care, that’s why they’re consumers. Switch 2 is gonna sell gangbusters and no amount of frivolous lawsuits is going to put a dent in that.

          Plus you still have people mad at Palworld for no reason other than they think it “copied” Pokémon, like the guy getting downvoted into oblivion.

        • StonerCowboy@lemm.ee
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          All the nintendo boot licking neckbearded incels that you see defending the company like if its their own.

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            Children will, from their parents who don’t see these articles or care, just that their kid is entertained… Don’t be an ass.

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                I have already boycotted Nintendo, but nice try? I’m on PC and steam deck.

                Also a lot of these concerns were not major issues when the switch 1 came out. So I don’t really go off the switch 1 ownership results since Nintendo seems to have done some serious damage to themselves in the past 1-3 years alone.

          • samus12345@lemm.ee
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            Even that group is a tiny minority. Most buyers are people who just want to play Nintendo games and don’t care about anything else.

    • Lojcs@lemm.ee
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      Iirc sony has a patent on an input device having two separate data streams. It seems you write the most general thing you can on patents and patent offices don’t care

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        Unfortunately, at least in the US (and from the sound of it, probably Japan), the patent office has the viewpoint of ‘patent everything and let the courts sort them out.’ The courts, on the other hand, defer to the patent office because ‘it’s they’re job so they must know what they’re doing.’

    • CileTheSane@lemmy.ca
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      patenting, copyrighting, or trademarking concepts or mechanics in video games shouldn’t be allowed at all

      It’s not allowed at all in board games. There’s a known issue that someone could completly copy the mechanics of a board game, and as long as they don’t copy the art or the exact text of the rulebook there is no legal means to stop it.

      Boardgamers are aware of this, and agree that it is better for development of future games than if someone could own the idea of “rolling a dice”, so if knockoffs do come around they tend to quickly get called out and not purchased.

      I don’t know how videogames managed to get different rules.

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        I don’t know how videogames managed to get different rules.

        A lot of people in those offices really don’t understand the technical mumbo jumbo that can be summed up as “doing something that already exists, but on a computer”

        Like scanning a document on a printer and immediately sending it as email. That was patented

      • JcbAzPx@lemmy.world
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        That’s probably Richard Garfield’s fault for setting precedent with his collectable card game patent.

    • I Cast Fist@programming.dev
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      It’s the using a creature to glide that’s the specific problem this time. Not the “using a creature” per se, but “pressing a button to instantly summon a non-player-controlled game-creature to allow for gliding, which is instantly dismissed once the player touches the ground” or something like that in the patent

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          Yes, the more you read the patent the more you just want to grab whoever approved it and force them to explain how and why it deserved it, despite lots of prior implementations.

          • Yermaw@lemm.ee
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            As far as I understand patent law, if nobody has actually patented something someone can just say “mine lol” and scoop up royalties and block shit for spite.

      • Caesium@lemmy.world
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        it’s even more stupid because that’s not how the mount works in Pokémon anyway

          • I Cast Fist@programming.dev
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            As described in the patent, yes. You press one button, you start riding said mount. If it’s glider mount, it automatically changes to the stag once you touch the ground OR to the fish if you fall to the water.

            Palworld never had this “automatic change from one mount to another”, at best it was the glider pals that you didn’t have to manually summon in order to glide and went away once you touched the ground or water. I’ve skimmed the patent a few times, but I don’t recall it having a case for going from creature-assisted-gliding to back on foot

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    This is why I’ll never feel sorry for Nintendo - karma is long overdue for this company. In fact, I’ll download a switch emulator right now just to spite them.

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        I started using it last week. It works well so far although I have only played the new donkey Kong. Take note that Torzu has gone to the dark web, so if you want it you need to go through TOR. This is good because this makes take down near impossible.

        • Tattorack@lemmy.world
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          I’m still using the latest version of Yuzu (the version shortly before the takedown). How does Torzu compare to that? And is it possible to add Torzu to Emudeck?

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            Torzu is a fork of Yuzu, so essentially the same thing, just being kept updated. I am not familiar with emudeck but I am sure it will be compatible. I know files like saves etc from Yuzu work with Torzu.

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      Nice, please share the link with everyone for ultimate spite (and cos I deleted yuzu once by mistake)

      /s

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    Nintendo is just a garbage lawsuit company that sometimes makes hardware with stupid subscriptions attached.

    • A_Random_Idiot@lemmy.world
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      and none of it matters, cause they have literal legions of fans that will ride their ride, no matter how much it costs, no matter how poorly made it is, no matter how much nintendo spits in their face.

      So Nintendo sees no significant economic repercussions from their behavior, and thus has incentive to change.

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        I was one of those but they were losing me more and more every year… But 3 years ago it became way too much, and I got off the bandwagon. Screw that lol.

        I hope they don’t make as many sales as they expect… But you may be right, too many people who will buy their crap however expensive and how much they’re being mistreated by the company.

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          I’m not so sure.

          All of my friends who are less pissed off at Nintendo than I am are not even considering buying a Switch 2 because Nintendo basically priced themselves out of the market. All of my friends who have a Switch 1 will not be buying the Switch 2, that’s pretty significant IMO, but I guess we’ll see.

          • Robust Mirror@aussie.zone
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            I agree, they definitely priced themselves out of several demographics including casual gamers, parents of young children gamers, and “I guess I’ll get a switch as a second device” gamers. These people aren’t going to look at a switch that’s roughly the same price as the ps5 and xbox and think “yeah let’s grab that one”.

            The wii u showed their demographic of “die hard fans that buy no matter what” is actually really small compared to the rest of their sales. And I think we’re going to see a repeat of that.

            • ipkpjersi@lemmy.ml
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              I hope it does worse than the Wii U tbh, Nintendo needs to be knocked down quite a few pegs. I am quite fed up with them.

            • Zanathos@lemmy.world
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              I bought a WiiU refurbished directly from Nintendo shortly before the Switch came out. I did it purely because the first big hax was released and I was able to easily port my GC\Wii hacked HDD to it AND also have WiiU games hacked games available. WW and TWP were also a big part of that purchase decision for me.

              I got a Switch and BotW ultimate CE on release, but will be skipping the S2 for some time. Likely until the next Zelda comes out if the Steam Deck can’t easily emulate other S2 titles by that time. I’m bummed I’ll be missing the new DK game (only 10GB file size though so not very big) and Hyrule Warriors game as the last one was amazing, but it’s a basic beat em up so no love really lost there.

        • A_Random_Idiot@lemmy.world
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          and for every one like you.

          Theres people who buy multiple of the console.

          One person in my family bought 4 of the Nintendo Switch. One for him, his wife, and one each for each of their two grand kids.

          and they also buy multiple copies of games, so they don’t have to worry about wanting to play a game someone else is already playing.

          and I would not be shocked at all if they buy at least two of the Switch 2 the second it becomes commonly available.

          • Zahille7@lemmy.world
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            Lemmy constantly falls into the same social trap as reddit: that we think we’re some monolith of consumerism and when we believe something we think everyone else will be on our side.

            Go on YouTube and look up the hundreds of videos from the past few months alone of scalpers and other Pokemon buyers getting into actual physical fights, buying literally 10+ of those huge box sets, and camping out at those vending machines and buying literally everything in them the minute they restock.

            I’m a vendor at comic and anime conventions here in the US. I did a show last month that was literally 99% Pokemon cards and merch, and everyone was buying that shit up regardless. There were actually maybe five booths including my own that weren’t selling just Pokemon stuff, if at all.

            • Robust Mirror@aussie.zone
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              I don’t think Nintendo has as many die hards as you think. The wii and switch had over 100 million sales. The wii u had 13 million.

              Now look at switch game sales, scroll past their major IPs and pokemon games, and once again the sales show around 13 million or less.

              On wii u mario kart had 8 million sales, and not one other game passed 6 million.

              The wii, wii u and switch all had around 3 million sales in their first quarter and didn’t really pass that 13 million mark in their first year.

              If only die hard fans that buy no matter what buy it, I think it absolutely will be a problem for them. And I think it has a real chance of happening. Half my casual gamer friends didn’t even know switch 2 was a thing, and the ones that did know about it said they haven’t seen any reason to get it yet, especially at the prices they’re seeing.

              The reality is, the family and casual markets are what carried them whether they like it or not. Not the rabbid fans. And like with the wii u, if they don’t appeal to those markets properly, they won’t sell well.

            • A_Random_Idiot@lemmy.world
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              Lemmy constantly falls into the same social trap as reddit: that we think we’re some monolith of consumerism and when we believe something we think everyone else will be on our side.

              I dont know why you are whinging about this when literally no one is making this claim. In fact, we are talking about the exact opposite of it.

              Go on YouTube and look up the hundreds of videos from the past few months alone of scalpers and other Pokemon buyers getting into actual physical fights, buying literally 10+ of those huge box sets, and camping out at those vending machines and buying literally everything in them the minute they restock.

              I’m a vendor at comic and anime conventions here in the US. I did a show last month that was literally 99% Pokemon cards and merch, and everyone was buying that shit up regardless. There were actually maybe five booths including my own that weren’t selling just Pokemon stuff, if at all.

              Yes, thats the legions of people we were talking about, before you came in with this weird tangent.

              • Zahille7@lemmy.world
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                I was agreeing with you with my anecdotal experience.

                The comment you replied to said Nintendo is going to lose customers over this, while your comment said Nintendo fans are still gonna be their dumb shitty selves by buying multiple of the same system or even game. Where does my comment diverge from that line of thinking?

                ETA: the consumerism claim was just something that I’ve noticed between reddit and Lemmy. Reddit might have thousands of users in one sub, while Lemmy only might have a few hundred. Both sites/whatever you call the collective of Lemmy, constantly think that people will go along with their beliefs about boycotting certain games/not buying certain products for whatever reason; when the fact of reality is that both of these places are actual echo chambers full of common denominators, and we need to face reality.

                • Darkcoffee@sh.itjust.works
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                  I think they will lose customers over this, sure, but nowhere near enough to make them reconsider being the biggest a-holes in gaming (take that 2nd place, EA)

  • Saryn@lemmy.world
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    This is insane - Pokemon cannot trademark having mounts in games. Screw Niantic, the Pokemon company and especially Nintendo which basically controls the first two. Screw them

    Do not support these companies.

    Sincerely, A life long Pokemon fan

  • SabinStargem@lemmy.today
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    This is bullshit. Warner Brothers and Nintendo need to lose, hard.

    Also, why the hell does Nintendo think they were first when it comes to the concept? Animals and gliding have been a thing for a long time.

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      You see, the patent system is based on a “first to file the paperwork” basis, thereby enabling literal legalized theft. Neoliberalism at work, precisely as designed.

        • BlameTheAntifa@lemmy.world
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          I definitely blame the patent office.

          But also, patents should not exist. They need to be completely abolished. Copyrights are one thing, copyrights make sense, patents are another entirely, existing solely to facilitate intellectual theft from both individual entities and the broader public.

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    Palworld did more for the monster-collecting genre in one early access title than Pokémon has in the last decade of AAA titles.

    Why does Nintendo deserve these patents when they aren’t going to produce anything meaningful with them and simply weaponize them to squash any real threatening competition?

    Pokémon is the highest grossing franchise in the world, and 2nd place isn’t even close. I think they can give a little ground to an indie developer who makes games that people are actually interested in playing. The patent bullshit is ridiculous.

    • Ledericas@lemm.ee
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      hardly call pokemon an AAA title. maybe a solid A+ even before thier enshittification during the SWSH era.

  • NONE@lemmy.world
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    I mean… Patents in general are bullshit just for things like this.

    • BombOmOm@lemmy.world
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      Japanese ones are particularly worse. In the US a successful defense is prior art, there is no such defense in Japan.

    • DeathsEmbrace@lemm.ee
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      There’s a parasitic egg layer that uses leaves some get put into birds and then get shit out? Why isn’t Nintendo suing these insects for using birds to fly around?

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    Copyright and patent laws need to die.

    Victims of Stockholm Syndrome always focus on what their abusers provide, but never what they take away.

    • Alaknár@lemm.ee
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      Copyright and patent laws need to die.

      This is such an extremely naive thing to say.

      Do you enjoy having every good, innovative US or EU product die immediately due to China/India making a 1:1 copy and flooding the markets with it?

      Enjoy innovative products that startups create? How about not having any of that because as soon as a startup makes something, a big corp comes in with their money, steals the idea, and floods the market?

      EDIT: no arguments, just downvotes? Damn, I thought this place was supposed to be better than Reddit…

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        Chinese companies famously ignore patent law and do make copies and try to flood the western market with them.

        Most startups don’t have the time and/or money to patent their ideas and big corps do squash them/steal their ideas routinely once they become noticeable.

        If anything, startups can’t develop their ideas because some company will hold a generic patent like “clicking a button does something” (or “glide with a pet”) from 30 years ago.

        • Alaknár@lemm.ee
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          Chinese companies famously ignore patent law and do make copies and try to flood the western market with them.

          But western companies at least have a tool to fight back or limit the flood.

          Most startups don’t have the time and/or money to patent their ideas and big corps do squash them/steal their ideas routinely once they become noticeable.

          Ah, the usual “if the solution is not absolutely 100% perfect, let’s throw out the solution”. Come on…

          If anything, startups can’t develop their ideas because some company will hold a generic patent like “clicking a button does something” (or “glide with a pet”) from 30 years ago.

          Yeah, this happens all of once every billion times. Clearly the system is stupid and needs to be killed so that nobody who isn’t extremely rich can actually develop anything new without being immediately put out to pasture.

          • Saryn@lemmy.world
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            Yes, US companies have a lot of IP conflicts with China and we do tend to hear about them through media. But that paints a skewed picture of what’s actually happening.

            If you were to research it more carefully, you would find out that the vast majority of these claims (>90%) are not pursued by US companies. As a deliberate, strategic decision. They don’t want to.

            Ask yourself why.

            Don’t believe me? Google is your friend.

            • Alaknár@lemm.ee
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              I don’t care where the company making the claim is from, as long as it acquired the IP legally and has a valid claim for protecting it.

              The way the patent system works is bad in many, many, MANY ways, but saying “copyright and patent laws need to die” is just idiotic. As it is, we at least have a semblance of rules. Without it, it’s just “whoever can reproduce and mass produce a promising product faster”. And that means: China because they already make everything.

          • TronBronson@lemmy.world
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            I just wanna know which amazing video game innovations We are protecting here in America. Are we talking about the failing franchises that have been milking their customers for 15 years? Have we done anything really innovative recently? Remakes delayed games and flops.

            • Alaknár@lemm.ee
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              I just wanna know which amazing video game innovations We are protecting here in America

              First, I’m not talking specifically about America. Second, I’m not talking about “amazing innovations”. Copyright is also for trademarks, very characteristic gameplay mechanics, etc. For example, Playrix made “Fishdom” which was copy-paste Worms. Team17 won the case and protected their IP.

              Are we talking about the failing franchises that have been milking their customers for 15 years?

              Umm… No? What does that have to do with copyright or IP protection…?

              Have we done anything really innovative recently?

              Have you tried looking at titles from other publishers than Ubisoft, EA or Activition?

      • Saryn@lemmy.world
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        You would be correct if that is how the copyright and trademark system actually worked.

        But they don’t. They favour the big guy, not the little guy. Crazy, I know. Wait until you find out how modern taxation systems work.

        • Alaknár@lemm.ee
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          They favour the big guy, not the little guy

          That’s the US law system, not the IP system in general.

          There are examples of smaller companies managing to protect their IP (Finjan vs Symantec, Unwired Planet vs. Huawei, Neo Wireless vs. Sony, etc., etc - that’s just from a quick search).

          I’m not saying that the copyright system in place is perfect, but saying “copyright and patent laws need to die” is just delusional.

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        Patents have an expiry for a reason and the expiry date is pretty generous IMO. It’s thought as “Startup x can invent and make money off it but after it the market should take over so further improvements can be made.” Imagine if they patented CRISPR Cas9 or the first DNA sequencing method. It would limit science for the entire time of the expiry but not after.

        Claiming invention patent for the pokeballs more than 20 years after the game came out is absurd. They can keep the brand, trademark and IP for their weirdly long time but innovations should become public so the market can continue innovating.

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        Then go back to reddit? You are daft as fuck defending this crap. Nintendo patenting game mechanics shouldn’t be a thing.

        Fuck Nintendo and its supporters.

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          How about you come back to me when you can read?

          I’m not defending Nintendo, I’m saying that “copyright and patent laws need to die” stance is naive.

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        I don’t think patents and copyright “need to die”, but they are currently both overly broad and last far too long. Copyright protection especially has no justifiable reason to be even 1/4 as long as it is.

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        every good, innovative US or EU product die immediately due to China/India making a 1:1 copy and flooding the markets with it?

        If it’s a perfect 1:1 copy why does it matter? Can you explain how this isn’t just a stance rooted in xenophobia?

        Enjoy innovative products that startups create? How about not having any of that because as soon as a startup makes something, a big corp comes in with their money, steals the idea, and floods the market?

        You just described the dream of most startups. The goal of the vast majority is to be acquired by a big corp so that their idea/product can continue growing, because without acquisition growth is severely limited.

        • Alaknár@lemm.ee
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          If it’s a perfect 1:1 copy why does it matter? Can you explain how this isn’t just a stance rooted in xenophobia?

          First of all: very often it’s literally a 1:1 copy.

          Secondly: imagine you make an innovative product. I don’t know, automatic fence painter, whatever. It sells well, but you don’t have the money to start a large-scale production, you’re doing OK with sales and are looking for investors, but things are fairly slow. In comes a Chinese dude, buys one auto-painter from you, brings it home, dismantles the thing, copies everything (potentially making some changes), and starts a massive-scale production in his factory. Due to the mass-production, worse materials, and lower labour costs, he sells the product at 20% the price of yours. The market is saturated with his knock-off, you’re left with zero money.

          Is this xenophobia to you? Or someone stealing your product and killing your business?

          The goal of the vast majority is to be acquired

          Yeah, I’m not talking about them being acquired. What gave you that idea? I specifically used the words “steals their idea”.

          • SinAdjetivos@lemmy.world
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            imagine you make an innovative product. I don’t know, automatic fence painter

            Do you know why there doesn’t exist automated fencepost painters? As bad as this sort of stuff is in software world it’s soooo much worse in hardware world. The licensing fees for every single little piece of IP that go into it would nickel and dime even large businesses out of building anything like that. Sure there’s also technical difficulties with building one, but those are surmountable. However, a business model that could survive the constant threats of litigation, licensing fees and turn even a mild profit does not exist.

            Is this xenophobia to you?

            Yes, because you just described what businesses throughout the Western world do to your mythical small business and projected it onto some mythical far east.

            someone stealing your product and killing your business?

            You do realize that is the point of IP right? To allow legalized theft in this exact manner? In the exact article this comment chain is discussing palworld did their due diligence to verify they weren’t violating any of Nintendo’s IP and then Nintendo modified their patent filing so that they were with the express goal of stealing their product.

            • Alaknár@lemm.ee
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              Do you know why there doesn’t exist automated fencepost painters?

              I’m just impressed that you managed to miss the point by so much.

              Yes, because you just described what businesses throughout the Western world do to your mythical small business and projected it onto some mythical far east.

              Correct. Which is precisely why copyright law was established in the first place and why companies like Facebook, Google or Amazon were able to become what they were without Microsoft or Apple just copy-pasting what they did.

              The copyright laws are not perfect, far from it. But they give smaller companies SOME form of defence against the corps.

              You do realize that is the point of IP right? To allow legalized theft in this exact manner?

              Do you also believe that OSHA was created to control the poor employee into submission by their great corporate overlord?

              In the exact article this comment chain is discussing palworld did their due diligence to verify they weren’t violating any of Nintendo’s IP and then Nintendo modified their patent filing so that they were with the express goal of stealing their product.

              Yes, like I said: the copyright laws are not perfect. But saying that it would better WITHOUT ANY COPYRIGHT LAWS is insanity.

              • SinAdjetivos@lemmy.world
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                Microsoft or Apple just copy-pasting

                Microsoft did copy and paste though: Yammer, Bing and Azure respectively. Apple tried with Ping/eWorld, Safari/Spotlight but didn’t really get into the web host space. Also worth mentioning the duopoly nature of those 2 specifically.

                they give smaller companies SOME form of defence against the corps.

                Rather telling that all your examples are Fortune 500 companies?

                Do you also believe that OSHA was created to control the poor employee into submission by their great corporate overlord?

                That’s a rather impressive hay golem you’ve built there.

                WITHOUT ANY COPYRIGHT LAWS

                We’re not talking copyright laws, we’re talking patent laws and you have yet to explain why it would be insane without changing scope or inventing fanciful scenarios.

                • Alaknár@lemm.ee
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                  Microsoft did copy and paste though: Yammer, Bing and Azure respectively

                  So, you fully and honestly believe that Microsoft has stolen Google’s and Amazon’s code? As in: you’re 100% certain that’s the case here?

                  Also worth mentioning the duopoly nature of those 2 specifically.

                  No. It’s not worth mentioning in a topic that has nothing to do with that fact…

                  Rather telling that all your examples are Fortune 500 companies?

                  It amazes me how you see a company NOW being a Fortune 500, and going “waagh, IP protection only serves the massive corpos!!!” without realising how many of those companies became Fortune 500 thanks to those protections.

                  It equally amazes me how you see the law being used by said companies most of the time (because, you know, they’re larger) and go “we can do without these laws” without blinking an eye, or a single neuron firing towards the thought that… these laws ALSO serve the smaller companies.

                  We’re not talking copyright laws, we’re talking patent laws

                  Mate, are you lost or something?

                  This is what my reply was to:

                  Copyright and patent laws need to die.

                  Do I need to put “copyright” in bold here?

      • TronBronson@lemmy.world
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        Do we enjoy the premise of capitalism where businesses compete to make the best and cheapest product for the consumer?

        Yes. Yes we did up until a few months ago.

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    Since when is flying on a monster patentable. What a bunch of bullshit. Nintendo has really used up the last of any good will the company had. I will not be giving them a dime from here on out.

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      Yeah, Nintendo seems to think they are untouchable. They can do whatever, charge whatever, not even innovate anymore with the Switch 2, and attack fans. I’m done with Nintendo, the only way I’ll ever play any of their games is on the high seas.

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    Nintendo ownes the IP of hangliders now.

    Nintendo will never see another cent from me for this petty bullshit. My kids will play with other toys.

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      Nintendo can sue me any day, I’m out here making RC hang gliders and making tiny 3 second games where the only purpose is to pull out a glider and put it away instantly.

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      This is why we should’ve been pirating from the beginning.

      All the money we give these scumfucks is being used against us.

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    Why is there nothing in place to punish Ninendo for doing shit like this?

    Patent law is rigged. Legal monopolies shouldn’t exist.

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      Legal monopolies shouldn’t exist.

      I agree IP law is messed up, but that doesn’t mean the idea doesn’t have merit.

      Having a temporary, legal monopoly on something that requires a lot of R&D and not much production cost (say, a novel or new kind of asphalt) allows the creator to make back their R&D costs before competitors come out with cheaper alternatives. Without that protection, companies would be less likely to invest in R&D.

      We need shorter durations and more scrutiny on scope. Also, patents should generally not apply to software.

      • HalfSalesman@lemm.ee
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        that doesn’t mean the idea doesn’t have merit.

        As an incentive structure for corporations and “people” purely motivated by avarice, sure.

        Most people naturally want to create and contribute as long as their needs and most basic wants are met. A monopoly as an incentive is not necessary.

        Without that protection, companies would be less likely to invest in R&D.

        There are many ways to motivate corporations to do R&D outside of offering them a monopoly on a silver platter. Incentives are only one half of the equation. Its really all about leverage.

        • sugar_in_your_tea@sh.itjust.works
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          There are many ways to motivate corporations to do R&D outside of offering them a monopoly on a silver platter

          The main alternative is offering them a subsidy on a silver platter, but then you’re making everyone pay for that R&D, not just the customers who want whatever that product is, and there’s no protection against IP theft unless the government owns and enforces the patents or something abroad.

          I personally prefer the IP law approach, but I think it needs significant reforms, both in duration and the approval process.

          • HalfSalesman@lemm.ee
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            With a monopoly, you may very well be making everyone pay for the increased price gouge that comes with monopolies. Not just the customer of that particular product. It depends on the nature of the product.

            If it is a component of a more common device or product, basically everyone ends up paying more (HDMI comes to mind). If its an innovation relating to a basic need and gets integrated with the majority of services, basically everyone ends up paying more. If its something that has external implications on the market or wider world that creates inefficiencies, then people functionally make less money because effect people pay more and thus long term this harms spending on a variety of products. If people can’t afford the price gouge and continue using less effective products (assuming they are even available) they likely long term spend more money to make up for the inefficiencies from that.

            Monopolies damage things beyond the product that gets monopolized and merely concentrates wealth.

            Regardless a subsidy is not the only alternative. That’s still thinking in terms of carrot, and you are forgetting the stick. You can also legislate mandatory R&D in budgets for large corporations based on revenue/profits just as much as you with the punishment of potentially being fined/taxed more.

            But outside of that, there is also government contracts. That is, a single payer, (monopsony) generally can get fantastic results out of competing firms. Its largely a major reason why the American Military has historically benefited from such significant technological advancements for nearly a century now.

            • sugar_in_your_tea@sh.itjust.works
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              Not all monopolies are created equal. We’re talking about IP protections, not general monopolies, meaning these are new products, not some existing necessity. IP law on its own can’t kill existing products.

              An author having exclusive rights to a work doesn’t prevent other authors from making their own works. A pharmaceutical company having exclusive rights to a medication doesn’t prevent other pharmaceutical companies from making competing medications. Likewise for video games and whatnot.

              The problems with Palworld have little to do with IP law as a concept but with how broad the protection of patents is. IMO, video game mechanics shouldn’t be patentable, and companies should be limited to copyright protections for their IP. But IP protection is still important as a concept so creators don’t get screwed and customers don’t get defrauded.

              You can also legislate mandatory R&D in budgets for large corporations

              Yeah, that’s not going to be abused/scare away companies.

              Its largely a major reason why the American Military has historically benefited from such significant technological advancements for nearly a century now.

              It’s also why the US pays an obscene amount for its military. Defense contractors absolutely fleece the government because they are generally not allowed to contract with other governments, so they expect a higher profit from their one contracted buyer.

              • HalfSalesman@lemm.ee
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                Only have access to this account during work, so late reply.

                We’re talking about IP protections, not general monopolies

                It doesn’t matter, monopolization at any level has the effect I described.

                Yeah, that’s not going to be abused

                You’d need to elaborate I’m not clear what you mean by this.

                scare away companies

                There are ways to force this into not being an issue. We don’t have to suck a corporation’s dick to keep their productivity.

                It’s also why the US pays an obscene amount for its military. Defense contractors absolutely fleece the government because they are generally not allowed to contract with other governments, so they expect a higher profit from their one contracted buyer.

                It sounds like the military is still getting what they paid for and its worked out for them. They pay obscene amounts to get obscene results.

                Single payer also applies to healthcare proposals and is generally seen as a fantastic solution to keeping healthcare prices down.

                • sugar_in_your_tea@sh.itjust.works
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                  You can also legislate mandatory R&D in budgets for large corporations

                  Yeah, that’s not going to be abused/scare away companies.

                  You’d need to elaborate I’m not clear what you mean by this.

                  A few ways:

                  • the term “R&D” can be pretty broad, so it’s unlikely to have the effect you’re thinking about - pretty much everything in a tech company is “R&D” whereas almost nothing in a factory is; making this somewhat fair is going to be very hard and will likely end in abuse
                  • companies are more likely to set up shop where such restrictions don’t exist
                  • enforcement could be selective to target companies that don’t “bend the knee” - esp true if the required amount is high enough that it’s not practical

                  force

                  Not a word I like to hear when it comes to government. The more power you give it, the more likely some idiot will come along and abuse it. Look at Trump, the only reason he can absolutely wreck the economy w/ tariffs is because Congress gave him that power and refuses to curtail it.

                  It sounds like the military is still getting what they paid for

                  Sure, but they’re getting a lot less of it than they could if it was a more competitive market.

                  They pay obscene amounts to get decent results. I think they could get the same (or better!) results with a lot less spending if the system wasn’t rigged to be anti-competitive.

                  Single payer also applies to healthcare proposals and is generally seen as a fantastic solution to keeping healthcare prices down.

                  I think that only works in countries w/o a large medical devices/pharmaceutical industry, otherwise you end up with ton of lobbying and whatnot. I don’t think the total cost of healthcare would go down, it would just shift to net tax payers and healthy people. Look at the ACA, it didn’t reduce healthcare spending at all, it just shifted who pays for it, and it seems healthy people ended up spending more (to subsidize less healthy people).

                  To actually reduce costs, you need to make pricing as transparent as possible, and I don’t think single payer achieves that. It can be a good option in certain countries, but I don’t think it’s universally a good option.

          • SinAdjetivos@lemmy.world
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            The main alternative is offering them a subsidy on a silver platter, but then you’re making everyone pay for that R&D

            R&D for many companies is taking the research done by underpaid graduate and PhD students and using that to create some sort of product or buying out the startups those students created and building from that.

            We already live in a system where the majority of costs are publicly subsidized (and that’s not mentioning the myriad of direct subsidies these companies receive, for an especially egregious example look at the amount Pfizer got paid to develop the Covid vaccine) and then the result is patented and privatized.

            • sugar_in_your_tea@sh.itjust.works
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              underpaid graduate and PhD students

              They usually get grants, and frequently the student will get hired to follow up on that research. A lot of the research ends up unusable to the company as well, at least on its own.

              majority of costs are publicly subsidized

              I think that’s a bit extreme, but I’ll give you that a lot of R&D is subsidized. The COVID example, however, is an outlier, since the funding was to accelerate ending the pandemic, which was critical for the economy as a whole.

              • SinAdjetivos@lemmy.world
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                the student will get hired to follow up on that research.

                You’re right that that’s an aspect I forgot about, however If the patent system worked as you envision it then those students would own the parent which they would then lease to those companies. The actual situation is quite legally messy because it’s usually the universities which own the IP produced, (which is then leased out via partnerships, grants etc ) and when those individuals lease themselves with the promise of producing more valuable IP they have to take cautions to not infringe on their previous work.

                I think that’s a bit extreme,

                Not really, using Covid as an example this paper details the pre and post-epidemic funding sources that went into the discovery, testing and production of the COVID vaccine. Do you have any other examples you’d like to use to demonstrate how it’s “extreme”?

                The COVID example, however, is an outlier

                Yes and no, but it is well publicized and documented which is what I was trying to communicate with that specific one as an example.

                • sugar_in_your_tea@sh.itjust.works
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                  it’s usually the universities which own the IP produced

                  Which is totally reasonable. The student applies for a graduate program to get a degree, not get rich off a patent. Theoretically, any patent royalties retained by the university would go toward funding university activities. I don’t know how much this happens in practice though.

                  That said, there should be limits here. If a patent makes over a certain amount, the rest should go to the student.

                  it is well publicized and documented

                  Right, because it’s an outlier.

                  If you go to the patent office and look at recent patents, I doubt a significant number are the result of government funding. Most patents are mundane and created as part of private work to prevent competitors from profiting from their work. My company holds a ton of patents, and I highly doubt the government has any involvement in funding them.

                  Did Nintendo get government funding for its patents? I doubt it.

  • HeyListenWatchOut@lemmy.world
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    I’m a little torn on this.

    On the one hand, let’s be real - clearly PalWorld takes more than a little “inspiration” on a bunch of different Pokemon IP. The illustrations, modeling, and just visual style overall matches in many ways almost perfectly for many of the creatures. They are like off-brand versions of Pokemon with the exact same eyes, mouth types, etc. in many cases as if they were illustrated by Ken Sugimori himself.

    Additionally, the game involves using handheld ball devices thrown at wild world-roaming creatures you capture after cutting down their health by some amount to increase the catch percentage and different “grade” balls have increased chance for capture.

    There is also a nefarious organization competing with you for capturing these wild creatures like Team Rocket.

    But on the OTHER hand, the leveling up, breeding, base-building, the various ability tech-trees, item crafting, and just overall engine complexity is VASTLY superior to what appears to now be an almost EMBARRASSINGLY behind set of game design mechanics in the actual Pokemon games… it’s sort of a Saints Row vs GTA IV situation here where they were an obvious copy off, but improved in enough ways that ended up being a fun game in itself.

    Copying off exact art asset styles is one thing you shouldn’t do… but taking Nintendo’s gameplay ideas and expanding upon them vastly and being told to remove said mechanics as if they stole code is asinine and sets a bad precedent.

    Every time there’s been a popular game, there are a thousand copies off them that twist and evolve those mechanics until something else comes along.

    Nintendo came along with platformers after Pitfall on Atari. Sonic copied 2D platforming basics from Mario like running to the right and jumping on enemies but changed so much. Final Fantasy copied off Dragon Quest, which itself was a digital idea based off of Dungeons & Dragons. Doom to games like GoldenEye to Halo to Call of Duty to PUBG to Fortnite to APEX Legends…

    This feels like taking advantage of grey area in the realm of visual IP similarity to shut down someone making their gameplay design mechanics look antiquated by comparison.

    Really embarrassing for Nintendo to be doing this, when clearly what Nintendo should be doing is doing like what Fortnite did when APEX came along and added location / enemy / weapon call outs and just STEALING the mechanics they weren’t clever enough to think of on their own and implement better versions in their own games… but clearly they’d just rather have a monopoly and continue lackluster work.

    • flicker@lemmy.dbzer0.com
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      There are over 1,000 pokemon. I think it’s a Tolkien situation- where famously, you can’t write fantasy without using ingredients that Tolkien created, because if you do, obviously it’s from Tolkien, and if you didn’t, the reader is asking why not? That kinda deal.

      If you set out to create a game involving collecting, or even looking at and cataloguing, a bunch of different fantasy creatures, you’re going to have some that are at least a little similar to pokemon. The electibuzz/grizzbolt example you gave is a fantastic one. You’re claiming it’s stolen, but that there is a cat creature with a single lightning bolt in it’s belly. Versus a… monkeything? Covered in them. My point here being, even if they didn’t steal (which, I’m sure they did, there are other, better examples) at a certain point you have to accept that with 1,000 pokemon, there’s going to be overlap, so you either need to just be up front about the stealing, or you need to spend 5x the amount of development time making sure none of your creatures have overlap.

      Personally, Pokemon has been around for more than 25 years. Even if they released a million games a year, they shouldn’t get to gatekeep ‘all creature-collection simulators that you use balls for and that you can ride like a dragon.’ Fuck that. They got infinite money back on their initial investment, and they shouldn’t be allowed to just own the ideas. This is the kind of bullshit that makes me (a lifelong pokemon fan) want to never, ever, ever give them money again.

      • ouRKaoS@lemmy.today
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        If you set out to create a game involving collecting, or even looking at and cataloguing, a bunch of different fantasy creatures, you’re going to have some that are at least a little similar to pokemon

        I think Cassette Beasts pulled off the Pokemon gameplay format without making anything that Nintendo could try and sue over.

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          That sounds like a “look someone managed to pull that off so it’s definitely possible” argument. In other words “you can enter the collectable creatures scene by spending that amount of effort”. And it shouldn’t be that way. The price in effort shouldn’t be that high.

          Actually, it should be the customers who decide if your product is worth the effort of playing it. There are a lot of rehashed games in various genres (e.g. horrors, walking simulators) and wee see no issue with them even though they are using exactly same mechanics, or sometimes even assets. What matters is users’ reception. If users think your product is worth it - it means you spent enough effort already. If your product would be a low effort creation users wouldn’t spend money on it in the first place.

          I’m sure if Cassette Beasts could accumulate that kind of playerbase and profits, Nintendo would’ve sued them too.

        • flicker@lemmy.dbzer0.com
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          Oooh, thank you for reminding me that game exists. I still haven’t played it, and so many people have told me it’s good!

          • MolochAlter@lemmy.world
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            Add one to the list. Really enjoyable, even fun to cheese, not very fond of the ending but otherwise stellar.

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            Design wise maybe, but game play wise, performance wise, mechanic wise.

            PalWorld is 100% not lazy in these categories and Pokemon is.

            My issue with people taking on PalWorld as a copy cat is it’s really a shit argument. PalWorld is a copy cat of Ark and a much better version of Ark.

            Change Pals to anything else. Turn the ball into a net and it isn’t a Pokemon copy cat.

            Competition is great. My take on this entire thing is fuck Nintendo.

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        5 days ago

        If you set out to create a game involving collecting, or even looking at and cataloguing, a bunch of different fantasy creatures, you’re going to have some that are at least a little similar to pokemon.

        If you search for a fox fire witch you’ll see different interpretations on that. But somehow Palworld made a fox fire witch extremely close to an art of a fanmade Mega Delphox.

        delphox comparisson

        It’s not an official pokémon but no way in hell they’re didn’t just create the pal based on this art, it’s just too similar.

        • calmnchaos@lemmy.world
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          5 days ago

          But that’s not the point of this lawsuit. They patented broad game mechanics and are successfully litigating ownership of those ideas.

          • ZeroHora@lemmy.ml
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            4 days ago

            I’m not talking about the lawsuit, I’m responding about the idea that eventually people will create monsters that looks similar to Pokémon because of the vast amount of Pokémons, Palworld clearly tried to be close as legally possible.

      • HeyListenWatchOut@lemmy.world
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        5 days ago

        I think that’s a pretty generous interpretation.

        It’s like you are trying to pretend that character does not look like a Pokemon because their appearance WAS technically different… even though it uses identical parts from several actual characters from the IP.

        So it should be counted as non-infringing because they simply re-arranged / mixed and matched those character parts like they were a Mr. Potato-head-esque / ransom note magazine assembly / amalgamation of interchangeable similar puzzle pieces?

        And I just grabbed one of the first results from when you search Pokemon Palworld similarities… I’m not familiar enough with every single one to find a more egregious example, but again - let’s be honest. This is the IP equivalent of saying “I’m not touching you” while a sibling holds their finger right next to your eye as if to poke it.

        • philophilsaurus@sh.itjust.works
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          5 days ago

          Honestly? I see more Totoro in there than Electabuzz.

          Where does the line get drawn between inspiration and stealing? I’m not trying to be facetious, it’s just the kind of question that I think a lot of people will have vastly different answers to.

          • paraphrand@lemmy.world
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            5 days ago

            The line? Usually you need to be doing something conceptually different. This knockoff electrabuzz wouldn’t have raised as many eyebrows if it was in a farming simulator, or a card game.

            It’s like if you had a chainsaw gun in your game, and your game was a third person shooter set in a dark gritty sci-fi world where you are fighting subterranean monsters called the Focus Board.

            • philophilsaurus@sh.itjust.works
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              5 days ago

              Pokémon TCG would probably make a stink about that too. I would agree that more needs to be done to differentiate them but the Guns and the art-style should do that pretty well.

              Using balls to capture and store Pals was a big mistake though and they definitely should’ve made a few more drafts on some of those aspects before reveal.

    • Realitätsverlust@lemmy.zip
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      5 days ago

      clearly PalWorld takes more than a little “inspiration” on a bunch of different Pokemon IP

      There’s 1025 Pokemon at this point in time - how the hell are you supposed to create a unique pokemon at this point in time? Even pokemon can’t create unique pokemon anymore.

      • HeyListenWatchOut@lemmy.world
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        5 days ago

        The same way Digimon, Monster Hunter monsters, and every other unique IP looks nothing like Pokemon. Make completely original designs that don’t look like fan art or knock offs of another artist’s specific trademark style.

        • rdri@lemmy.world
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          5 days ago

          I just assume that as long as everyone is fine with derivations produced by AI (text, pics, music), all derivations that don’t look exactly like original Pokemon are fine (also real people put some effort into those). Palworld compared to Pokemon is a much better product than, say, Fifa XX compared to Fifa XX-1. Also Pokemon series is notorious for useless editions of the same games masked as separate products - that level of rehashing feels much more illegal to me.

        • BlindFrog@lemmy.world
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          5 days ago

          Earnest question - what trademarks does Nintendo/pokemon have on artistic style?

          • CheeseNoodle@lemmy.world
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            5 days ago

            Any trademarks they need because Nintendo have allegedly been filing new patents mid-lawsuit in order to justify suing palworld.

    • UnfortunateShort@lemmy.world
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      I’m a little torn on your comment, because om the one hand you are right and on the other these lawsuits have nothing to do with the designs or art style at all.

    • Tramort@programming.dev
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      5 days ago

      At a fundamental level, why should copyright exist? Is it helping society here by incentivizing Nintendo? No. Contemporary copyright has it wrong, and I think your starting assumptions ignore that fact.

      • HeyListenWatchOut@lemmy.world
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        5 days ago

        Let me be clear :

        Copyright law as it stands right now is stupid, and should only benefit individuals from large companies looking to use their resources to steal from them without compensation.

        I’m just talking about not letting junk companies pretend they made a game for your favorite IP in a way that lets them trick less-informed people.

        It seems most of the actual copyright law benefits big companies as it is interpreted now… which is kind of the opposite of how it originally was intended.

      • tiredofsametab@fedia.io
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        5 days ago

        If I spend millions of my own money and hundreds or thousands of hours of my own time to build something, another company should not just be able to yoink that, put a coat of paint on it, and leave me with nothing to show if theirs just happens to get more popular or be advertised a little better. I don’t think the current laws are good but, absent basic income and such for everyone, I see why something should exist.

        • Dr. Moose@lemmy.world
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          Sorry but why not? If you can’t afford that don’t make it or don’t publish it.

          We see with open source that lack of copyright is not restricting anyone’s creativity and ability to create. In fact the open source world is significantly more creative and productive than proprietary one.

          • tiredofsametab@fedia.io
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            5 days ago

            open source doesn’t pay my mortgage, pay back any business loans, put food on my table, etc. as the sole breadwinner in my family.

            To be clear, I have contributed in a minor degree to open source and build things for fun; this is specifically about why copyright exists in certain domains. I also think it should be something more like 3-5 years max. I am a software engineer and used to work in the games industry for a number of years (though not anymore).

            • Dr. Moose@lemmy.world
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              5 days ago

              Then do something that does? Are we supposed to literally ruin part of society just for your benefit? You’re not entitled to this.

              • tiredofsametab@fedia.io
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                5 days ago

                literally ruin part of society

                Not being able to steal something someone put a ton of time and/or money into for a couple of years without compensating them at all is ruining society… how exactly?

                • Dr. Moose@lemmy.world
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                  5 days ago

                  Here’s where you fail to think when you call this “stealing”. You don’t own intellectual property as it didn’t come from the vacuum of your head. It’s built from millions of other contributors and our collective intelligence.

                  Don’t like this? You’re free to leave this to people who do and go do something else. No one’s forcing you to do this. You’re not even aware of your own entitlement.

    • Surp@lemmy.world
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      5 days ago

      Eh I think patents in video games just ruins the fun for us since Nintendo/game freak/Pokemon whoever can’t make a good game if their lives depended on it.

    • gradual@lemmings.world
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      4 days ago

      I thought copyright and patent laws were supposed to incentivize innovation, not stifle it.

      Just kidding! They always existed to make rich people richer at the expense of useful idiots.

    • I Cast Fist@programming.dev
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      5 days ago

      That VGC site has a pretty good sum up of Palworld: cynical and souless, but nonetheless a pretty fun game to play, and I fully agree. Pretty much every design up to version 0.3 was fully copied from pokemon. The more recent patch that added the big island on the south has more original-looking monster designs, though others are still pretty obvious ripoffs.

      Additionally, the game involves using handheld ball devices thrown at wild world-roaming creatures you capture after cutting down their health by some amount to increase the catch percentage and different “grade” balls have increased chance for capture.

      They did that on Craftopia, too, only it was to catch animals rather than monsters.

      There is also a nefarious organization competing with you for capturing these wild creatures like Team Rocket.

      Not really. There is a criminal syndicate, a bunch of violent hypocritical hippies, a corrupt police and some Borderlands style psychos, none “competing” with you, they just want you dead. I think only the syndicate would “count as team rocket”, but they’re up for all crimes.

      This feels like taking advantage of grey area in the realm of visual IP similarity to shut down someone making their gameplay design mechanics look antiquated by comparison.

      Palworld became a target at first because of that visual similarity but, as much as the pals obviously resemble pokemons, they’re visually different enough to be considered original and a case on those grounds alone would go nowhere. Which is why Nintendo shifted from IP to Patent bullshit.

    • Ledericas@lemm.ee
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      4 days ago

      they barely changed the overall “palmon” to the orignal pokemon they stole from. kinda hard to defend palworld when they just copy and pasted, and slightly changed the feature.