The most EXPENSIVE Nintendo lawsuit
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- Опубліковано 23 вер 2024
- Nintendo's legal department is famous - the company has sent DMCA takedowns to Mario fangames, Zelda mods, and more. But here's a story you've probably never heard of - an incident where Nintendo NEEDED to sue another company! I promise, it was for the good of the gaming industry. Let me tell you about the morally GOOD Nintendo lawsuit!
PATREON - / thomasgamedocs
MERCH - teespring.com/...
TWITTER - / thomasgdocs
SOURCES
www.inside-gam... Background on Japanese game industry patents
• Nintendo is NOT ready ... Kit and Krysta talking about Nintendo patents
www.vice.com/e... ToTK patents 1
jolt.law.harva... Nintendo Wii remote lawsuit 1
www.theverge.c... Nintendo Wii remote lawsuit 2
www.nintendoli... Nintendo Wii remote lawsuit 3
www.cyzo.com/2... History of Nintendo VS COLOPL
tokkyo-lab.com... Japanese legal firm writeup of situation
tokkyo-lab.com... Further details from legal firm
www.j-platpat.... Nintendo’s joystick patent
• 【任天堂vsコロプラ訴訟問題】業界人だから話... Former Capcom producer’s video on the topic
www.mag2.com/p... Writeup of reaction tweets
• 任天堂「引き上げの49億5000万円を賠償金... Comments show Japanese game fans’ reaction
jp.ign.com/nin... Video showing altered control scheme
www.itmedia.co... President Baba’s comments
www.bengo4.com... Date of first oral arguments
www.famitsu.co... COLOPL statement on settlement
www.bengo4.com... Detailed breakdown of timeline (which I found after painstakingly constructing a timeline of my own……)
business.nikke... Quote from other game company’s legal representative
CREDITS
Japanese arcade footage licensed for use from Lyle Hiroshi Saxon:
- • 1991 新宿東口ゲームセンター Game ...
Object in Mario's hand icon via Freepik from Flaticon
Before you comment - yes, we say "patent" differently in the UK. I am from the UK, so I say the word the British way.
We also say "Mario" differently, I made a video about it: ua-cam.com/video/8Hqbco5BmT4/v-deo.html
it Mario
First
Awesome video
@@ThomasGameDocs mario
And aluminium!
What's super funny is that Palworld just got sued for patent infringement. Super amazing timing.
When I heard about it, I had a "huh..." moment and thought of this video.
Very much an analogous case. Similarly to Colopl, Pocketpair is also an arrogant and disrespectful developer.
@@Toschez how so?
- has history of making game and ditch after sale new one
- keep telling they are indy even they had aniplex and sony partner
- seem their design didn't direct copy nintendo but they stole fakemon (pokemon fanart) and claim to be their own.
- CEO had worked in nintendo before. (i don't think it bad thing but just in case.)
I lazy to type more.
@@cookingrabbitty Also the CEO complained about Chinese devs making Palworld clones (though the tweet could be taken as compliment if taken straight).
You break the Code of Honour, The Code of Honour breaks YOU!
And in this case, it broke Colopl approximately $22 million dollars.
@@TheRealRidley12 I was literally gonna say that, until I read the replies
"YOU MUST CODE WITH HONOUR!"
Given how the name “Colopl” sounds you’re speaking Klingon, there’s probably a Star Trek joke in there somewhere
There is no "Honor" among --thieves-- software patent holders, as demonstrated with the news about the PalWorld patent suit this morning.
Honestly, finding out that video game companies, while real particular about what games can play on which systems and about their IP, having this code of honor to protect each other in the creative process, is kind of beautiful. It warmed my heart.
Ever heard of Tengen?
I mean Nintendo has their copyright laws, and we have to follow them because there’s not much we can do.
I Don’t like it when Nintendo does lawsuits, unless if its related to pirating games then Yes because That’s a crime.
@@kolkagaming1234 finally someone who realizes piracy is a serious crime (or "no party" if you know the reference)
@@GamingBrenI feel like piracy should honestly also have a code of honor
I don’t think it’s bad to pirate a retro game that isn’t available for purchase on any modern hardware. If you can only legally play a game by buying the console and game second hand from someone and the company isn’t making any profit off of it anyways, then who cares
@@CallMeViddSo what, get a new Captain Teague on the scene? 😂
i opened the notification by accident and it started playing thomas game docs and i noticed youtube was open so I guess im watching this video now
tgd videos are always good
Auto play put this up, guess I’m gonna watch it.
Cool story bro
you can never escape her videos 😈
@@ronan-outoftime wait tgd is a female???
two examples i can think of where game companies have enforced their patents against other games companies are 1. using the word Edge in a videogame title, and 2. loading screen minigames
dawg dont act like you didnt get that second one from scott the woz
There's also the pointer from Crazy Taxi that was similarly used in The Simpsons Road Rage
@@Grane1234 True!
@@Grane1234 or a large number of enemies in a cluster in Dynasty Warriors, that is also a patent which is enforced as far as i think i know, Do Your Research
Is the "Edge" and example of Patent law though? Isn't that more of a Trademark thing... I recall King tried to own the word "Saga" a few years back.
Man this became super relevant with the Palworld lawsuit now....
Wait that's not what the video is about?
@@neon-zipzop nope. Take a look, it might even give you some insight as to what they’re doing involving it
Now you can do a part 2 about Nintendo vs Palworld!
in 7 years when it ends
The internet is the internet, so even fan games can never be completely removed. I downloaded pokemon uranium to my Steam deck literally last week and it was done in 2 minutes
You can still find the files of fan games pretty easily.
All Nintendo did was take down the original download pages…
Same
Still, as a volunteer developer of such software (Yuzu for example) it sucks because Nintendo "owns" the software after the lawsuit. This only leaves shady copies spread on some corners of the internet alongside prohibiting and majorly hindering further development.
Stuff still rots away though. Some things are forgotten about, servers go offline. Things have to be actively kept up.
Don't get too comfortable. That's only true because of the dedicated efforts of countless people working to make sure things are archived. That can all be easily stripped away if people don't keep up the effort of fighting against companies like Nintendo for the preservation of media.
Everyone: we're going to patent everything but not enforce it so we can be creative.
Colopl: we're not going to do that, we're going to enforce our patents.
Nintendo: oh you want to play that way, well time for you to receive what you're throwing because you're infringing on 5 of our patents.
Nintendo: Oh wait, it's 6 now. we missed one.
Nintendo: Also multiple others we just made up on the spot.
Gamedev here, dropping some bullet points:
When a company like Nintendo forces you to take down your fan game AFTER release, they are being nice. They HAVE to issue a takedown, because if they don't, they could get into legal trouble if it ever comes to a REAL lawsuit with a REAL copyright case. There is such a thing as "The Doctrine of Laches" and it is VITAL in cases like this.
But they (as in the company issueing the takedown) wait long enough so that the game is out there and can be played, knowing fully well that the internet will still make it available; they are showing you that they only do this to protect their brand. AM2R is still being played and updated. Pokemon Uranium is readily available. Super Mario Eclipse exists, as do many Mario64 mods. All these Twilight Princess HD 4K mods exist in the same space. Same goes for emulators. Citra and Yuzu both still have forks up and running.
The legal system is a VERY complicated matter.
Only thing to add to this is Sega rarely runs takedowns on Sonic fan games and sometimes chooses to directly endorse them in the case of the creation of Sonic Mania.
The system these companies work through is so thoroughly unregulated they can get away with anything. New companies are just doing what the system allows, and the bigger ones just stamp out their competition or get bought out before they can reach an agreement.
Don’t forget Nintendo hired the Pinkerton’s for a leak before and they’re not exactly known for caring about the people they deal with.
ディズニーなら削除要請を出さずに直接裁判所に駆け込むよ、任天堂は優しいね
Wanna be a game developer one day. I have a lot to learn 😵💫
I just wanted to say thank you for this comment. Coming from a real GameDev who actually knows how things work, it's good to know more now.
Also Mario the Music Box, TooLate.exe and IHATEYOU.exe is still available.
I have to vent this out somewhere. I spent this morning going into the rabbit hole of nintendo lawsuits through tgd videos and such, I found out about this specific law suit. I spent ages, researching and digging up patents to find out what was going on and lo and behold, you uploaded a video litterally an hour later explaining everything for me.
EarthBound is turning 30 today.
YEAAAA!THERES GONNA BE A NEW PROJECT
Ness is getting young
Or older
Ness didn't age at all
That’s older than me!
Now we see how the palworld lawsuit goes
Pokemon Uranium was only down for like 2 weeks, in fact development continued under a different team for many years afterwards. Not trying to defend TPC, but it really bugs me that literally nobody mentions that part of the story.
As much as people bash TPC for taking down Uranium, imo the developers of the project deserved it. If I remember correctly, the game was released either very closely to a major release of an official pokemon game, or just after some major announcement of a new release. They kinda asked for TPC's attention that way and they got it. I think all they needed to do was to wait like 2-3 months with the release and that way, they might have not gotten taken down. I think they deserved the takedown and I'm mad that Pokemon Prism became a colateral.
@@LordIvulThey would have sued either way, this is Nintendo remember? If you don't believe me, have you heard of a game called Pokemon Brick Bronze?
@@ethanwayne6973 a Roblox game? I'm even less surprised it got taken down. If Nintendo didn't do that I'd think they are idiots.
@@LordIvul alright how about The Legend of Zelda Breath of the Wild's multiplayer mod. You can't seriously keep justifying the shitty actions of a multi billion dollar company
@@ethanwayne6973 nintendo doesn't control pokemon, the pokemon company does
1:08 - I’ll never forget Pokémon Brick Bronze…!
ponemon what
i remember that game it was on roblox
its gone now
OMG I used to play that so much back then
@@zan_partizane2415 me too
meanwhile Konami patented the concept of flashing, timed targets for DDR arrows (not the scrolling arrows themselves, although they probably tried) and still maintains their exclusivity on that feature across arcade rhythm games. very classy
Patents in both the US and Japan only last 20 years. Considering the fact that the first DDR game is from 26 years ago...I doubt they actually still have exclusive rights to the concept.
Makes sense we haven’t heard of this lawsuit. There’s so many I can’t keep track.
So, with the insinuation being that Nintendo sued to stop Colopl from abusing their patents, has Colopl stopped telling people they had to license their touch control system? Does Colopl still own that patent?
curious about that too. It could be Nintendo let them keep it but made them understand they couldn't actually try to enforce it.
@@metazoxan2 yeah I imagine nintendo made sure colopl understood the code of honour
@@MegaPhycoKillersaid code of honor got thrown the wayside in the late 80's early 90's anyways.
See Bandai Namco and there play arcade game while game loads thing.
This was great! You've always differentiated your channel by covering topics that haven't been done to death elsewhere and require a bit more research. This video is maybe the single best example of that style paying off.
Man, and here we are now with the Palworld case. Timing almost perfect here
Crazy that they randomly decided to let you in on what they are suing for isn't it?
4:48 Actually Yes, right now, with Palworld.
0:43 they have never been on google images have they.
He knows and he didn't meant it literaly, he meant it as an example.
The sheer timing of this video my guy.
I feel like people forget that for every SEGA franchise except for Sonic they're just as ruthless with law suits as Nintendo
There's a Moon Channel video on it. They are generally a bit more relaxed than Nintendo but, that's because they are a part of Sammy and thus have gambling while gaming keeps their image relatively good. As long as their gaming investments are relatively profitable, they can eat the "loss" from the occasional notable fangame
I always found that very odd that they allow sonic fan games when sonic is literally the mascot of sega.
@driley1988 SEGA has a parent company which is involved in gambling that's why they generally turn a blind eye to fan projects.
When trying to be slimy and get more money makes you lose money
Colopl were the ones that threw the first stone, Nintendo just defended themselves
The Wario method 😂
if you want to make money, you also have to spend money
Copyright and trademark are very important. Intellectual property deserves the same respect and reverence as physical property. The problem is that copyright law tends to be kind of nebulous and basic education doesn't do a very good job explaining it. And governments don't seem to really have good standards as to what is protected and what is infringement.
At the end of the day, I support creators' rights to enjoy the fruits of their labour and those rights need to be protected. But I do concede that copyright holders (usually giant corporations) often go beyond what should be allowed.
I think a big issue is that patent offices barely check if the patents should even be granted in the first place. It's not that uncommon that a patent is granted for something that is obvious, or has prior art. After such patent is granted, and somebody gets sued, they need astronomical amounts of money to defend themselves.
I agree IP is good
Protecting art from being stolen without componsation it's just big corps abusing them
Everything is a remix of a remix of a remix : that why fair use is important
@@redstone0234 However, thanks to how badly defined copyright is, companies have to protect their IPs like this if they don't wish to risk their chances.
Piracy is morally correct
@@user-zu9yp4xx8g No, no it isn't. It just shows that you only care about yourself.
14:47 are those tomodatchi collection voices?!
Nope, it's just regular TTS
Though... That would've been pretty neat.
@@ItsCenrryTH Specifically Aques talk spelling
Hi Thomas, you did a great research on that specific Nintendo lawsuit, it was a good video.
Regarding whether Nintendo sues more than other video game companies, that's not entirely true. While Nintendo has sued on many occasions, it doesn't mean that it's the only company that sues more.
There are other companies besides Nintendo that have sued before and they are even worse than Nintendo.
There are companies like Square-Enix that have sued Chrono fangames, the most famous case being Chrono Resurrection. Konami has gone so far as to sue for copyright infringement on several gameplay videos of their games on UA-cam.
Even companies that are more fan-friendly like SEGA and Capcom did a cease and desist at least once, in SEGA's case it was with a fan remake of the first Streets of Rage and in Capcom's case it was with a fan remake of Megaman Battle Network Phantom of Network.
Also, the country Nintendo comes from, referring to Japan, Japan has the most severe copyrights in all media, be it video games, anime, manga, music, movies, etc. An example of this is the music of Dragon Quest and its composer Koichi Sugiyama who belonged to JASRAC.
So don't get carried away by what is said on the internet about the memes of Nintendo lawsuits.
That's all, greetings from Captain Hanafuda🎴👺♠
Just more proof that the US isn't the only country that needs to update their copyright laws, IMO.
Also, you're probably gonna hear a LOT more now that the Palworld suit has been filed.
the funny things about nintendo dmca is, mostly of the time are trolls using nintendo name, the other time are just some smartass asking for money for their nintendo fangame lol
nintendo copyright: knife in mario’s hand, knife in your wallet.
I once made in Unity for educational purposes, a Mario -parody game, Finnish Electrical installer Tapio. Still, I ensured not to infringe on Nintendo's copyright. He would have been a platformer hero climbing on electric towers to fix/install new electric hardware. I never published that game though since I didn't think it was good enough game to stand on its own. But I'm still kinda intrested to refine the consept at some point if I ever get funding for it.
Did anyone else think when he started talking about arcades, "Ugh, not another Nintendo VS Universal video"?
Kind of makes me hope this "code of honor" is the reasoning behind the WB nemesis system patent. But probably not.
Already mentioned in the comments, but I just love this story:
Years ago, Nintendo got sued by some American dude who (through patent incompetence) managed to get the word "Edge" patented. He'd CONSTANTLY bully other companies that used the word "edge" in either their name, or the name of a game, or pretty much wherever. It was pretty much the only way his company made money, because most people just paid him off.
Not Nintendo, no. When they created the game "Mirror's Edge," he sued Nintendo for infringement. So Nintendo counter-sued and ultimately got his patent/copyright nullified. I believe to this day, the guy is livid. Like a thief angry he was sent to jail, because you, the owner of a car he was trying to rob, stopped him. Absolute psychopath who lost everything, because he thought he could go against the big dog.
Shit that never happened. More lies by Nintendo corporate shills.
nintendo didn't make mirror's edge
*EA
One of my proudest gaming moments was casually telling a Nintendo representative that I had made a fan-game during a product demo at Best Buy.
so... uh... how’s life been for you
bro is still paying out @@yololthepikminenjoyer
Wow! I bet you looked so cool, like that one time i saw i sign in a mcdonalds bathroom saying "employees must wash hands", and WASHED MY HANDS EVEN IF I WASN'T EMPLOYED! i don't think they've recovered from that one. however, i don't feel guilty. So i guess in a way, i understand how you felt in that moment. However, it was weird seeing that mcdonalds burn down not even a week later. Arson attack if i recall. Who the hell would burn down a mcdonalds? I know their food nowadays is more expensive that dwarf hookers from Laos, but it still doesn't exuse that kind of act.
Much like how any fire started will die eventually, i guess one day we will all have eventually commited an act of rebellion against Nintendo. Maybe my day for that is coming soon, i hope so. I was a little boy in 2006 scrolling through forums, seeing everyone brag about how much they hated the company, and I wanted to be just like them, to do something that would catch the attention of even the most hardcore pirates!
But alas, i failed. nowadays i spend my days scouring eBay and facebook marketplace for shitty DS games to add to an ever increasing collection. Do i have the time to redeem myself? Perhaps. I guess this long winded message is a representation of my jealousy. That unlike me, you managed to do what i've always wanted to do. So, I guess i can only congratulate you. It must've taken all the courage in you to tell a Best Buy employee that you once made a video game using an IP not given to you. Look up "obama 90 percent".
@@SuperM789 Cool, thanks
Damn the Japanese reactions were roasting the hell out of COLOPL
Moon Channel has some very good videos about Nintendo and SEGA, when it comes to their IP's and how protective or non-protective they are about it.
I recommend watching them for a better understanding of the general topic.
Wait, in which year did Colopl notify the other companies of the punicon patent?
why did nintendo sue palworld over patients?
Well if it is like Colopl case then it would be because Palworld tried to patent something that already existed and tried to profit from breaking the "code of Honor" however until we see what patents Nintendo is suing over specifically, we won't know for sure.
@@Tython82 Could nintendo be doing toe Colopl thing and suing palworld for using their patents?
no way to know yet
@@dallor09 Possibly??, we would need to know the full details of which patents Nintendo is suing on and if there was any talk behind closed doors before Nintendo decided to sue them.
Sega is a bit heavily litigious, just not under the sega name… typically with their Atlus works
COLOPL: We didn't infringe anything we're innocent
Nintendo: **points to ds** OKAY WHAT'S THIS THEN.
sega does shutdown a few of fan projects that aren't sonic based. but they don't get started very often in the first place :p
I had this on my watch list for a while. What a time for me to start watching lol.
"even a child knows [to apologize]" is more like "ONLY a child..." because a mature person should correctly say they are innocent
You’ve been putting out some great stuff recently! Been around here a while and have always liked your stuff, but you’ve been killing it recently!
Thanks for putting this together.
Hmm... I wonder what went wrong with SEGA Crazy Taxi's Green Arrow vs The Simpsons Hit and Run. If this "code of honor" was in place, why the heck SEGA proceeded to file a lawsuit towards the Hit & Run developers...
Tbh, the whole “code of honor” thing sounds like a protection racket, if it’s even true in the first place. They want to choose winners.
always love when a new TGD gets posted!
I’m surprised you didn’t mention Dragalia Lost at all during the portions with Shironeko Project. Nintendo published it with Cygames iirc, and the gameplay is noticeably similar.
The biggest traction the Colopla vs. Nintendo issue ever got outside of Japan was English speaking players trashing on Nintendo for releasing a game too similar to Shironeko project (felt slimy in many ways), but the game developer code of honor was never mentioned in those discussions, so that acually adds a ton of context.
Your like a second gaming historian that uploads more
Given Nintendo just sued Palworld's devs over their game infringing Pokemon patents, I can't help but wonder if the latter got too smug with their success just like Conopl...
Most of the models in palword are heavily modified from pokemon ones so yeah I'm not gonna defend them at all.
@@YellowDice that would be copyright not patent
@@YellowDicethat would be copyright infringement, not patent infringement. That means they aren't claiming they copied Pokémons themselves, but likely the idea of collecting monsters with some kind of object.
I uh. I have bad news about the very common hobby Japanese kids have of catching bugs, Nintendo...
@@YellowDice You're not smart.
But what about coloplas claims toward other companies infringing on their patents?
Needs Palword update, i.e. video: part2
Also what we learned: don't use game mechanics in video games for which Nintendo has filed patenst unless you want to get into trouble with a big giant. Therefore it is better to come up with some new and creative way to realize future video games without Nintendo game mechanics as many lawyers also recommend because of the Palword situation.
Came here from the Ginx TV shoutout.
0:45
Watch out Mario’s Madness Fans. Nintendo said to the modders “I’m-a going to get you!”.
There should be a code of honor for Nintendo not attacking fan games.
There would be if Nintendo weren't forced to prevent their IPs from turning into PD.
@@toumabyakuyaThat won’t happen till the games of their IPs turn 95 years old in which the next year they go straight to the public domain.
@@TwilightLink77 That's not the only way in which a product can become PD. If a product becomes common enough (as in, it is created by a certain amount of different companies), then the courts can declare said IP as PD.
@@toumabyakuya That, and if they forget to renew their copyright to the ip
@@toumabyakuya Thats not how copyright works. You don't lose your copyright simply because someone else is infringing on it. Your confusing copyright with trade mark which can be lost under extreme circumstances.
i 100% thought this was related to palworld lol
Request: how was the Legend of Zelda created (I know the story, but it needs to be more in-depth, like which new features are added to each game)
Instead of being abusive with copyright maybe they should just let the fans express themselves with fan games.
Also they should listen to fans and give them what they want like reviving dead franchises like urm i don't know, GOLDEN SUN!
It's a great day when theres a new TGD upload!
4:48 cough cough september 19th 2024
If there’s a code of honor regarding patent infringements, what’s up with the Palworld situation? Does the code of honor not apply with Palworld or is Nintendo just not abiding by it anymore?
Well, if we go by the subject matter of the video, the code was violated by something Palworld did.
We have seen Palworld blatantly steal Pokémon and Yokai Watch designs so I wonder if using patents is just a way to get to them for that.
I mean, it's not like Nintendo killed Wipeout back when it released and that game was heavily inspired by F-Zero (back when the series was still alive). They also promoted Pizza Tower which is also heavily inspired by Wario Land and Wario Land is still a franchise they see worth in (even if they don't make new ones). Digimon, Yokai Watch, all have been popular Pokémon clones and rivals.
So it's definitely not simply that Palworld is a popular Pokémon clone and it really makes you wonder *what* did Palworld do to cause Nintendo Ninjas' ire. My money is on stolen~modified 3d assets, but that is illegal to prove as they officially can't rip pal models, so they are doing their legal bullying through the patent method.
Isn't the company behind Palworld in the same situation as Colopl? Looks like the Palworld devs are the new kids on the block that might have violated a patent.
@Mrperson0 Well, what Colopl did was try to patent something that Nintendo already had, and then try and go after other developers for it. As far as we're aware, Pocketpair has not done this, so we'll have to wait and see as the case progresses to see if Pocketpair has tried to do something similar.
@@Mrperson0 they are not even close to being in the same boat, given that, as far as I know, they didn't start suing other people for patents while infinging on other's.
0:07 - 0:21 That is because, unlike Nintendo, SEGASammy (the actual owners of Sonic) doesn't care at all if they lose control over Sonic The Hedgehog (the IP) meanwhile they retain control over Sonic The Hedgehog (the character) and said character keeps the reputation of "SEGA does what Nintendon't".
0:55 - 1:19 As Iwata said (and can be seen at 0:39): _"socially diminishes the dignity or _*_value_*_ of our intellectual properties"._ Believe it or not, fan games can diminish the value of their IPs, as such, Nintendo is obligated to protect their IPs.
yes if one of the fan games turns out to be more liked than one of their official releases people might stop buying their games and playing the fan games instead. So is a legit concern.
yeah tbh sega is just as bad as nintendo on non-sonic fangames
the current patent lawsuit for palworld... I wonder if its as lawful as the time this happened.
Saying patent differently due to nationality is acceptable, but proper names never change due to the accent or location of the speaker.
Remind me of that episode of Star Trek: The Next Generation where that scientist kept calling Mr. Data (Who pronounces his name Day-ta.), Mr "Dah-tah". When Data corrected him and the scientst asked "What's the difference?" Data said "One is my name, the other is not."
While I agree that you should make an effort to pronounce a proper name in the close to the way the owner does, a proper name absolutely changes due to the accent of the speaker who pronounces it. You cannot expect every person to learn the sounds of every language and accent just to say a name, and it would probably sound weird if they did. Like if everyone started saying Mario in Italian or even New York accent if you feel that would be more correct.
As of writing this comment 24/09/2024, nintendo had filed a lawsuit of patent infringement against pocketpair. Question is, did pocketpair broke this unwritten code of honour that made nintendo sue them?
The thing to always keep in mind is in many cases if you don't defend a patent you can set precedent to make it harder to defend.
That's not to say Nintendo never gets carried away ... but at this point their company is ... rather dependant on their established IP library. So I can understand why they protect their IPs like a mother protecting their children.
Exactly, Nintendo doesn't actually want to take down fangames, the feel like they have to because of bad legislation. If they don't do it, they might actually lose everything. Pokemon Showdown is a good example of a fan project that is not a threat to their IP, and has been up for almost two decades.
The only way to get out of this situation is to have laws that protects the right to make fan projects, which in return makes sure they are not a threat to the relevant IP.
This is what I tell a lot if people. Nintendo ain't a perfect company but people act like they're as bad as Actiblizz or Konami just because they take down fan games and emulation. I may not agree with the fan games thing but emulation at least when it comes to modern consoles and games still being sold? Yeah man they have every right to take that down.
@@Soren_Pedersen MoonChannel made a video about and it's apparently "officially" endorsed
This is factually unfounded. A trademark becoming genericized is a defense to trademark infringement, particularly in cases of extensive inaction; but patent law does not similarly dilute the power of a patent over inaction.
That’s not how patents work. That’s how trademark works.
I played Mario fan games with guns and blood and still haven't played the original game while piling up essentially expired viruses up to 10,000 until they made it possible to use a emulator on the web browser.
Simple solution. If you want to file a patent. Create a working prototype.
Me: Hey you know that Mario game
Nintendo: *C E A S E A N D D E S I S T S A N D C R I E S I N R I C H*
brainless reply
Ehhh kinda generic, like Myself
This was very well explained and thorough. Thank you for making this!
YEAH TGD UPLOADED!
If I name my son mario then will nintendo take him out?
Now I am wondering if someone made a Minecraft mod that uses Mario stuff and had it so Nintendo would have legal ownership of said mod and use it to make a server. Even if Nintendo makes money off it, they could have it so it could be something where Nintendo gives a percentage of the money the server makes over needed amounts to keep the server running to Microsoft/Minecraft team. It could be neat and could also be updated to also have ideas like them putting in RPG ideas that they may have and use how much players seem to enjoy it as a way of considering possible ideas for new games. Plus, this would be an interesting way to get new players into Minecraft which could lead to more sales of the game which means more money for both companies.
Guys who want to sue Nintendo to end this sued forever
One good deed does not redeem a company from a lifetime of wickedness.
4:55 that aged like milk, Nintendo did it recently
"the best investment a corporation can make, is buying a politician." Law firms largest source of income is from Corporations. All in all: Corporations do not have to win a case, they just want to get it dismissed or out last their opposition with deeper pockets, then retro actively get laws enacted (e.g. Disney and public domain)
This is one of the worst takes I’ve heard on video game patents. These patents stifle creativity and are anti-consumer.
Many of the ideas in these patents are extremely broad and have already been used in games by other companies. If anyone with an understanding of development ruled on them they would hopefully be thrown out in court. But big companies will draw out legal battles giving indies no hope of getting that far.
Of course this video got uploaded just weeks BEFORE the Palworld suit lmao
nintendo is like a bear, poke even once and your f*cked.
hopefully me saying that doesn’t make me end up in court.
It’s interesting, I’ve seen Pokémon fan games a lot lately. Pokerogue, radical red, the ones with fusions.
Are you sure they go after EVERY fan game?
They have to know it exists. So yeah the more some fan games get talked about. The faster they will catch wind of it.
Loose lips sink ships
My bet is that Nintendo/Gamefreak/Tcpi intentionally shove their head into the sand in regards to pokemon fangames, because they only really take action when one is brought to the absolute forefront of their attention, like Uranium releasing more or less the same week as Sun and Moon,, while also having a Patreon. And a self made ad as a youtube video. Uranium definitely poked the hornet's nest with that one.
Another infamous takedown is Pokemon Brick Bronze on Roblox, but even though I played the shit out of that game, I'd say it was deserved because of the amount of microtransactions in that game.
Is this why Nintendo is trying to use "patent" against Palworld? They are being rather childish, at least Sega is more supportive of game devs
15:35 /!\ PIKMIN MENTIONED /!\
15:56 /!\ PIKMIN MENTIONED AGAIN /!\
11:26 is where you notice Christmas music is playing
Nintendo didn't sued Level-5 for using this control scheme for the touch screen.
I think the problem is that Colopl patented something that Nintendo already patented before, and Colopl wanted money for people to use said patent.
I really hope other game companies were backing Nintendo given they've known Nintendo for YEARS compared to that other company with the stupidest name
So now what
So what I'm hearing is that Palworld is about to get wiped off the face of the earth
Yeah I remembered this vid specifically after it was announced earlier. I’m curious what went on behind the scenes over this year that led to this.
@@SPONGEBOB20 They recently patented capturing creatures in balls and using them to fight. So recently as to be AFTER Palworld's RELEASE. So it looks like they patented it solely to take down Palworld.
@iam18bitch2 From what I have seen, what actually happened was that Nintendo updated an older patent from 2021 that was related to the Pokémon Arceus systems. Of thisnis what the Palworld case is about, then yeah, this is suspicious timing.
Nintendo wasn't abusing their power by taking down Pokemon Uranium or AM2R. There is a lot of problems that can happen by them leaving these games up. Especially in the case of AM2R since it turned out they were working on a Super Metroid remake when AM2R was posted online. Idk about you, if I was paying hundreds of workers to make a game then I found out some people ripped my assets from another game and unloaded the game for free I'd want to do something about it.
I think a few people in the comments are missing the point of the lawsuit against Colopl (in other words, they didn't watch the video here), and comparing it to Pocket Pair. These do NOT appear to be connected, as Colopl attempted to patent something Nintendo already owned the patent to. As far as we are aware, Pocket Pair did not do this, so no this video didn't age poorly, we don't even know what the patent infringement actually is yet, only speculation from people online "claiming" to be lawyers, without real proof of knowing the case itself (which real lawyers shouldn't be commenting on, if they don't have FACTS, of which even Pocket Pair claims they don't know what the patents are yet).
I am however interested in seeing where the Pocket Pair lawsuit goes, because this one does seem spiteful and mean spirited, it is however possibly valid and there might be more going on behind closed doors (for one, I'm confused how Pocket Pair doesn't know what patent they infringed is, is this because they DID try to pull a Colopl and are playing foolish? Or is there nothing behind door number 1, and we should be instead looking behind door number 2?).
I will never forgive Colopl for killing off "Quiz RPG: The World of Mystic Wiz".
Shouldn't KIRBY be the Lawyer in a business suit ?! HUH ?! Long Live "John Joseph Kirby" !
Theres actually a Whole Community dedicated to FanMade Mario Horror Known as The Horrorbrew Community and it has tons of cases of Mario and other characters being a Horror Antagonist
Theres even a Wiki Dedicated to Horrorbrews!
Its been like this for over 10 years
Nintendo makes such bad lawsuits that the lawsuit that stands out is the valid one.
0:39 I’m sorry but I once made a game on Roblox and used an item where you could change your face and one of these faces was a drawing of Luigi and the game got taken down, ah yes but I apologise for “socially diminishing the dignity or value of their intellectual properties”😭😭😭
If i remember correctly, Pokémon Uranium was shut down because of the Patreon (same problem certain Switch emulator had). A lot of non-profit Nintendo fangames had 0 problems, like Super Mario Bros. X (and the games derivated from it), and the remakes of flash games like Super Mario 63 and Star Scramble. Also, Sega isn't a saint. Christian Whitehead and others involved in Mania had years of works behind them, and worked previously with Sega. Sega took down non-Sonic projects the way Nintendo does, like the Golden Axe fan remake. This does not mean i dislike Sega or something, but my point is that people worship someone in order to satanize someone else, and i don't think that's a good thing. Every company has things to blame.
PD: people in the comments realising there is more than one way to pronounce some words in the world and taking it as a bad thing is very USA and funny Xd.
Same for AM2R actually. They had crowdfunding.
Same for the meme "Uh Nintendo took down NSFW artists/games, I bet that means they're canon". But apparently it's cuz those artists...have a Patreon. So yeah.
The reasoning seems to be more about profiting off something the makers have no copyright of.
Do the pal world video already
I do not believe there is enough info in current matters to make an accurate video on it, give it a few months for the situation to develop
We don't even know what patent Nintendo is suing then over...