palword wouldve solved some of its problem by not naming it to close to POKEMON names, or gimmicks, or copy verbatim some of its features. they only noticed when things were named exactly like they did in the pokemon consoles.
kinda wierd thing to target, when flying was in WOW for 2 decades before this lawsuit.
-after looking at another post, they also copied the pokemon and changed it very little of the pal-creature, palword needs ot do better to have a stronger case.
I think there is potential that this was intended.
PalWorld was SO on the nose modeled after pokemon plus Breath of the Wild that it couldn’t be anything but a stab at Nintendo. And yet, it seems that (I’m not a lawyer) they skirted around ever actually infringing on copyrights. If you want to build a zoo full of creatures, there are only so many ways you can combine things without making a fire dog or ice dragon, and then comparisons can be made. PalWorld has many creatures that I don’t recognize as being similar to existing pokemon. Given that Nintendo has not gone after PalWorld for copyright infringement, I’d say that means they don’t have a case.
Patents are another angle, and I’m far from a patent lawyer. Have you ever read one? They are full of jargon and what seem to be nonsense words, especially a software patent for a video game. I found an article that describes how Nintendo can use a ‘new’ patent to attack PalWorld, but near the end he clearly calls out that there is a difference between ‘legal’ and ‘legitimate.’ I can’t seem to find the actual ‘throwing a ball to make a thing happen’ new patent, but I’d assume PalWorld doesn’t infringe the original patent, or Nintendo would have just used that one. The article author also notes how Nintendo applied for a divisional patent near the end of a window for doing so, which presumably extends the total lifetime of the patent protection. A new divisional patent last year probably means we have 40 years of no ‘ball-throwing mechanics.’
I hope that this whole thing is a stunt. PalWorld was commercially successful, and even if they lose and have to modify the game, it will remain successful. I think that there’s a possibility that the developer and publisher are fighting against software patents kind of in general and used PalWorld as bait that Nintendo fell for.
If they lose, then there will be a swath of gamers who are at least mildly outraged at software patents. Popular opinion can (occasionally) sway policy.
If they win, then we have another chink in the armor of software patents as a whole. See Google vs Oracle regarding the ability to patent an API.
If we can manage to kill software patents for gameplay mechanics, like throwing balls at things, being able to take off and land seamlessly, or having a recurring enemy taunt you, then we get better games that remix things that worked.
Imagine how terribly different games would be if someone had patented “A action where a user presses a button to swing their weapon, and if that weapon hits an enemy, that enemy takes damage.”
Imagine how terribly different games would be if someone had patented “A action where a user presses a button to swing their weapon, and if that weapon hits an enemy, that enemy takes damage.”
I’m sure nintendo will have a patent for using a command for a menu to use an effect that buffs, heals, or harms. That way they can prove they are the ones who invented JRPGs too.
I have a feeling that it’s going to flop like the Wii U. It’s nearly the same as the OG Switch and in both the looks and performance departments. 4K 120Hz support, my ass
It’s got less than 10% the CUDA cores of a 4090, a GPU that can’t hit 120 FPS in any modern AAA title without DLSS. The console won’t even come close to hitting 120 in any title—period—not unless Nvidia creates a DLSS setting more extreme than Ultra Performance.
As always with Nintendo, It’s all going to come down to the games, and given that they have been slapping a fresh coat of paint on the same games since the Wii, I doubt anyone but the most hardcore fans are going to be willing to drop $80 on them. A good chunk of the Switch’s top selling games are literal re-releases from the Wii U. Tears of the Kingdom is literally the same game as BotW, even has the same map. Laziest sequel ever. It should have been a DLC.
The same thing happened with the Wii U but it still flopped. Nintendo’s hardcore audience believes that the company can do no wrong, so they will always be lining up to be the first to get their latest system.
For the console to succeed, Nintendo needs to sell to more than just their core fan base. They need to convince the every day, casual gamer that their machine is different enough from the last one for them to even notice the Switch 2 isn’t the same thing as the Switch. It already happened to the Wii U. Most people who aren’t following this shit thought that it was just an addon for the Wii. I think it’s going to happen again.
They also need to convince console and PC gamers that their system is unique and powerful enough to hold its own, and they’ve already failed on both fronts.
That’s why I think it’s going to flop. I hope I’m right.
GB is personality driven, when Alex, Vinny and Brad left, it already felt like a shift to the end. When Gerstmann was let go, GB really seemed doomed.
Fandom dictating what they can and cannot do when the site relies on their personalities and free form content just shows they don’t want the brand or people.
I really love Nextlander. I like fire escape. I miss Gerstmann, but I don’t want to listen to a solo podcast.
Yeah I loved Giant Bomb back in the day, but it was all about the people. With Vinny, Brad, Alex, and Jeff gone I just moved on to their new projects and stopped paying attention to Giant Bomb. Nowadays Giant Bomb is just a name to me.
I am absolutely in the same boat. I would love to listen to Jeff as well and every time he has a guest on I make sure to grab the podcast, but I can’t listen to one person podcasts. He absolutely needs a co-host or guests every week.
Really? I have the Wii U ones and they put up with a lot of abuse. The rubber on some sticks have completely deteriorated but they still input accurately.
It’s honestly what’s made me so bitter about the Joy Cons.
I’m intrigued to see if the new switch, with its higher price tag, lasts any longer or if it’s gimped to make consumers keep buying replacements again.
It’s worth noting, however, that customer service representatives are often hired by agencies that don’t have intimate, accurate knowledge of a niche issue like this
your method of expressing your opinion and the content of your argument are entirely unconstructive, utterly pointless, and, above all, disrespectful
That could be applied to so many random Twitter complaints. Just generally whiny, and completely lacking in any kind of understanding of how the process, in this case game development, works. Nevertheless they are confident in announcing their opinion to the universe. As if anyone cared
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