Nintendo VS Palworld Lawsuit Details Revealed
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- Опубліковано 21 лис 2024
- Article: www.pocketpair...
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In addition, under International Patent Law (unlike USA Patent Law), it is simply not possible to patent an invention in the form of software. And if it is somehow achieved through certain tricks (for example, by referencing a device like a game console in the patent), such a patent is likely to be revoked at the first court hearing.
Not true. You can patent a lot of software related things, especially related to inputs and control(lers) with a clear function. With algorithms and artificial intelligence developments it has also become more relevant than ever before. So you _absolutely_ can patent software, but you can not patent lines of codes, like you can't patent text. It will _not_ be thrown out in court at all.
@@PHeMoX Machine Code typically isn't thought of as software, even when it absolutely is.
@PHeMoX yes but in American court they will disclose this lawsuit because a simple thing like throwing, riding or anything that resemble real life will be unacceptable. That's why USA refused to accept any Nintendo patient right and also Nintendo has a history when losing many right against the court when it comes to lawsuits. But this is Japan court where their law is sooo broken there that they will do anything to win this court case. They broken many laws and honor codes in Japan and I wouldn't be surprised that they will win this court but we hope the judge is a fair judge that will help pocketpair to give them a chance to win this court case. We will wait once it comes
@@PHeMoX While writing my comment, I relied on the practices shared with me by local (European) patent attorneys in 2007, when I was exploring the possibilities of both local patenting and obtaining an international patent (covering Europe, Australia, Japan, etc.). I also drew on the knowledge I recalled from a relevant book on patent law, which I had read during the same time period.
Based on my knowledge, if you want to protect a new algorithmic method - such as a method for stabilizing a drone or improving speech recognition - you need to describe the method within the context of a patent for an invention or a utility model that protects a device. Specifically, the patent should cover the device whose functionality is being improved by this method. For example, instead of patenting just the stabilization method, you would patent a drone with improved stabilization functionality. The improved algorithmic functionality should be described not as code, but in the form of structured "patent recipe" claims, alongside the description and drawings of the other parts of the device, while ensuring compliance with all formal requirements.
After reading your comment, I considered the possibility that my knowledge might be outdated. To verify, I double-checked both my statements and yours using GPT. However, the model confirmed that not much has changed: the practice within the international patent system remains largely the same.
That’s why I don’t understand the basis for your categorical disagreement with my comment: "Not true. You can patent a lot of software-related things..." If you had phrased your response as, "I would like to clarify..." or something similar, I wouldn’t have any issue.
oh no cakes, you just uttered the word "pokemon", be careful they might even come for you
Ok, the patents listed are pulled from a parent patent. The parent patent was for Arceus which was released in 2021. But the capture mechanic used in Palworld was used in their prior game Craftopia which released in 2020 a year before the patent. According to patent law a mechanic cannot be patented if it is not novel. The mechanic being out for a year on Craftopia makes the patent invalid. And it should not have been approved. I think the second was on pulling out a mount and riding it. Which is very similar to WoW. Which makes it invalid. From what I remember the third is for an NPC character following the Player and engaging in combat, also used in WoW. All the patents should be invalid. They are not suing for the money. They are trying to make it a precedent, so they can shut down any games that could be similar.
You cannot even use a nemesis system. So if you want to use the nemesis system you have to pay WB. Even though they don't make games with the nemesis system anymore. 😡
I love your opinion between 0:00 and 0:19 - great insights
LMAO
It's called an "Intro", sir
@@Cakez77 It’s called showing the heading of an article and then 10 seconds of a black screen
How is game mechanics any different than a author trying to patent a plot path. Its absolutely ridiculous.
There is no difference. But when money talks... you know what walks.
remember to NEVER read/see any kind of software patent, by just seeing it the patent owner can say that you copied it
Let me clarify a bit.
In the USA, you must be prepared to provide evidence that you developed the invention yourself, rather than just reading an existing patent and making a few changes for the sake of formal distinction. This means you need to keep records of your thoughts (text, audio) and save any notes that naturally arise during the invention process. Additionally, it’s advisable to consult with a lawyer who has a strong track record in such cases.
For company employees, it is common practice for companies to just issue an official ban on reading patents to protect themselves legally.
And yes, in most of the world outside the USA, software patents are simply invalid, unpatentable, or at the very least, easily challenged.
Since 2011, USA have legalized a "cheat code" for monopolists, corporations, and patent trolls in general: whoever files a patent first holds the rights - even if it’s for someone else's invention that is already publicly available. It was a "cheat code" because, in the USA, you can patent practically any nonsense, unlike under International Patent Law, where you must prove that your invention meets specific criteria for novelty and inventive step.
International (European) patent law is certainly not perfect and somewhat outdated (it was perfect until the '90s), but it handles its role incomparably better: protecting the inventor while also ensuring that the invention’s details won’t be lost forever, allowing others to use them after the inventor's grace period.
That's not entirely accurate, European law never had a first-to-invent system. And _many_ European countries have *their own standards or requirements* for patents. Being the first to register is different from being the first to invent and many European countries recognize this. You can't patent something you 'stole' from someone else doing it first, actually. Yes, there is a first-to-file system now in US, but the only advantage is that it is much easier to determine the rules or circumstances, compared to first-to-invent and having to prove or figure out who actually invented something first. The latter is _still_ regularly fought out in courts in Europe.
3:10 that doesn't matter... The pattent is just a scuse... Nintendo want to mantain his domain in that type of game... They have infinity money and will presecute anyone they believe deserve that using law warfare... Morality or legallity just doesn't matter...
So from what I have gathered the patent they made may say 2024 but it is linked with one way back to 2021.
I don't support this but it is what they are doing. They are trying to take fly with creatures as a mount, riding as a mount, and capturing in a 3D environment while aiming a item at a monster or whatever.
I love the black screen at the beginning. Its perfect for when UA-cam starts injecting ads into the actual videos serverside. They can just replace some of the black screen of doom with NyQuil and Pordar Politico
So if I make it a cube and it clicks 10 times I'll be fine?
There's also a difference that pal world has a success meter too, so that's not infringement either, I've never played or seen a success rate appear in ANY pokemon game. In other news IF this gets passed Nintendo will get sued by so many people, dungeon crawlers, sword swinging, or even 1st person view points, this'll be the implosion of games in moments.
Nintendo is being as petty as their fans that use Twitter…
It is sad that Nintendo goes this way. While I do understand why they are going after PalWorld, I don’t think they really benefit from that. About the patent thing: this seems to be the last resort when gaming companies in Japan clash. Thomas Game Docs made an interesting video about that topic: m.ua-cam.com/video/cbH9-lzx4LY/v-deo.html
Btw. in addition to what I just said, this actually isn’t about money, at least not the pal world money. It’s about Nintendo fighting for their existences and the control over their i p. There was a video of a lawyer talking about this that I just can’t find anymore. He explained part of the situation using the original Mikey Mouse design as an example. This of course does not apply fully here, since the Mikey Mouse thing had to do with the copyright expiring, but the reason Nintendo does this is not because PalWorld infringes on one of their most important i.p.s but because it threatens it. And since Pokémon simply is the most valuable and expensive franchise in the world, they just can’t let that slide. Since they have nothing but their i.p., they need to fight everything that threatens it even in the slightest. One could say that they just need to make better games, which is fair, but in the end Nintendo is built on a very fragile business model and they have been in trouble for quite a while now. How you might ask? Well making games is more expensive than ever. It’s labor intensive, the competition has never been harder, therefore each big game is a gamble. You might have noticed Nintendo once again branching out to capitalize on their i.p. by opening theme parks selling a strange alarm clock or releasing their own music streaming service (presumably to sell or use the ensuing data) and releasing movies. We all have seen the video game market. Huge companies have fallen victim to AAA gambling and others have been bought by big companies like Sony or Microsoft, who went on a shopping spree in the last years just to suck franchises and shut down studios. Nintendo can’t afford pal world if they want to survive. I hate this as much as everyone else but that’s how the market as well as technology have been shaped in the last 20 years. Gaming has grown into an industry that isn’t allowed to fail anymore because investors need more money and grandpa wants a save return on investment. Everything is going to shit because of the big money. Hollow and stale.
I hope Nintendo lose this case because this is petty bs for Nintendo doing this. But sadly this is Japan the justice system there is so broken and Nintendo get away with alot of thing's when it comes to petty lawsuits with small business owners, youtubers, tournaments, Fan's, charities (yes they sue a charity company when trying to help out fund children hospital) and much more.... they need to stop
"I am not a legal person" QUICK! GET THE BORDER POLICE! :P
Nintendo needs to go bankrupt. They’re lazy, heartless, soulless developers, now. A shell of their former selves.
Fun fact. There was a patent troll destroyed in the usa because they failed to follow the due process and take necessary steps to communicate with the other party prior to filing a lawsuit.
Probably not going to apply 1:1 with Japan, but basically what happened is that the troll did not reach out to the other party prior to filing the lawsuit. Before filing a lawsuit you are supposed to send a notice stating that the other party is infringing on your patent. Attempt to make reparations in an amicable way. If you cannot, THEN you file the lawsuit.
This.. feels like it's the same thing.
With the added spice of Nintendo registering the patents directly to spite Pocketpair.
They send a notice months ago though. And companies have the opportunity to prepare a decent lawsuit, obviously. Last but not least, patents are only valid when they are actively defended. So Nintendo didn't really have a choice, regardless of how much of bullshit the patents are (think their 'paused' game mechanic they patented).
@@PHeMoX They could have just... Not patented mounts. You know, the thing that at ton of games already have.
They made a choice, they hate competition and they will find 'legal' means to prevent competition.
@@PHeMoX PocketPair likely did not receive prior notice, especially as they were not informed of which patents they were supposedly infringing until just recently.
@@PHeMoX Telling the people at large that they're investigating something is NOT equivalent to informing the supposedly patent infringing party that they're infringing before taking them to court.
I’m disappointed in the country of Japan for allowing this to go through in their country. How petty and pathetic to patent a mechanic that already exists in multiple games, like Ark for example. We need to teach Nintendo a lesson, even if it means a full on boycott of their products.
An injunction basically means PocketPair cannot continue with Palworld or anything like it.
Ive said it on other videos covering this lawsuit and ill say it again, Nintendo won't win , they have no leg to stand on and are only trying to bully PalWorld for their success. Nintendo and Game Freak are upset and throwing a tantrum over the fact that Pal World is a better made game than what Nintendo & Game Freak have been able to do with the last few pokemon games they put out, I'm sorry but they half assed their last few pokemon games when they could have done so much better like they done have before. Judy look at how bad Scarlet and Violet came out, they did next to nothing to address issues that arose such as bugs and glitches
To think before this there was a uniform "patent all game stuff but don't sue" in the game industry because other corporations wanted to patten first and get money from video game companies. Nintendo just threw years of that out of the park because of "competition" even though the games are rated different and one has WEAPONS.
And they're basically trying To Sue a company for creating a monster taming game Trying to claim that those mechanics they came up with but that's a universal thing no one can claim that
It's stupid they're literally trying to bully and blackmail another company because they made a better day They're either gonna try and shut it down or take pal world for themselves
They can probably get away with that in Japan but not here in America if they do this they would discourage each other games and people's talents And not only that games that have to do with any mechanic that they're suing for can no longer be made and we can no longer have games with monster or catching mechanics 😢
Not only that the catching mechanics are different Pokémon doesn't show you how much percentage you have when you catch it but pal world does That's what makes it better We can see how much percentage we have when we catch something and we can change the type of ball we use to give us a better chance or see if we need to weaken it a bit more 😮 Not only that pal world is not a turn base game It's a real-time action game 😅 Not only that pokemon is rated for kids 😂 and pal world is rated 4 mature audiences
Nintendo probably isn't going to win this. They abused a process called derivative patents which enables backdating of existing patents. It's supposed to be used for clarification on technical details though. It's not meant to change the inherent nature of a mechanic. Also, the things they're trying to patent have been patented long before they got around to it, making the patents invalid.
But let's say Nintendo wins. Then that puts the world in an awkward position where Japan has patent laws which completely break the global system if they're a part of it. So now they're looking at potential expulsion from the global patent alliance or whatever they're calling themselves these days.
Japan has to lose for Nintendo to win.
Doesn't Skyrim have horses that you can cross rivers with is Nintendo that's stupid
The reason the look the same is the reason they are filing the patent after pal world and it's legit. There re too reasons for that as I've been told. 1. In Japan, it doesn't mater at all who did the thing first, only who files the patent first. 2. The other reason is because they are, one is an older patent that contains all that and more. The newer ones with the dates from this year, are just pieces of the older one they already had.
Parent Patent is from 2021, Craftopia had the same thing in 2020.
One still applies, two is just rotary cannon litigation bullshit.
I too love to simply look at pictures and speculate, and then proceed to overreact wildly. Peak.
I am by no means a fan of patents or this type of corporate behaviour. However, due diligence is necessary when looking into these things. Adding a post voice-over as a disclaimer and to add information and nuance doesn't help when the livestream has been done and dusted.
We should embrace thoughtful, discerned and rational discussion over soapbox, reactionary content (unfortunately, that aint how the world works no more).
so games Arnt an art foarm any more
The patents have been around since 2021, those dates are only for the renewal for this year. You should be able to have ‘some’ critical thinking to look into things besides “ooh it says this is must be the entire truth” 🙄
Craftopia was released in 2020, Nintendo is still shit.
Everyone needs to boycott Nintendo and make them go bankrupt
#BoycottNintendo #BoycottGameFreak