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Nintenwon’t Sue
The meteoric rise of Palworld is a song for the ages. Two weeks ago, it was sitting in 5th place for all-time concurrent Steam numbers. Today, the throne is forever etched with it sitting at #2. Or #1 if you add the 3 million concurrent Xbox/Game Pass players to the Steam total. Overall, there have been 19 million players shooting adorable animals in the face and/or enslaving them in little balls.

Unfortunately, Palworld may have finally gotten to close to the sun. Or has it?
It always seemed a question of “when” rather than “if” Nintendo would sue Palworld over copyright infringement for what the media (and everyone) describes as “Pokemon with Guns.” In the latest Nintendo investor call, someone brought up Palworld and this is what the Nintendo president, Shuntaro Furukawa, said:
We will take appropriate action against those that infringe on our intellectual property rights.
Let’s just take a moment and appreciate the craftmanship of that sentence. It says so much without saying anything at all, which in turn says so much.
Nintendo has never been shy about suing anyone and anything into oblivion for copyright infringement, so the fact that Palworld made it into Early Access at all is indicative that any hypothetical lawsuit was risky. That it continued to make headlines and break records unimpeded further indicates hesitation. And this legalese statement essentially confirms that if Nintendo ever does get around to business, the lawsuit will be from an oblique angle, at best.
The Palworld devs aren’t worried. As they noted back in January:
Pocketpair isn’t concerned with the similarities, though. Speaking to Japanese gaming news outlet Automation, company CEO and lead developer Takuro Mizobe said that Palworld has passed all the necessary legal hurdles to clear it of copyright infringement. He also noted that there haven’t been any legal actions taken against Pocketpair for its overt comparisons to Pokémon—at least not yet, anyway.
“We make our games very seriously,” Mizobe said. “And we have absolutely no intention of infringing upon the intellectual property of other companies.”
Is it hubris? Actually, probably not.
We can say “Palworld is a rip-off of Pokemon,” but that is A) not all that accurate, and B) at best a moral statement. Game mechanics cannot be copyrighted. Attacking cute animals in tall grass and then capturing them with spheres is not protected expression. And three cheers for that! Can you imagine if Hit Points, Experience Points, talents, aiming down sights, side-scrolling, or any of the myriad of common mechanics were the exclusive domain of whomever first came up with them?
What about patents though? You may have heard about how Richard Garfield and Wizards of the Coast patented the “tapping” mechanic in Magic: the Gathering back in 1995, e.g. turning a card sideways to indicate its use. And over the intervening years, WotC has successfully sued at least two companies – ironically the Pokemon Company, but also the makers of Hex – into at least settling out of court. When it came to Hex though, they deserved it.
However, there is every indication that WotC’s gambit would not be successful anymore. This article touches on it, but basically a Supreme Court ruling in 2014 (Alice v CLS Bank) and subsequent 2018 Federal Court ruling all but closed the door on abstract game rules being patentable. Nevermind that the patent expired years ago anyway. Tap to your heart’s content! (This is not legal advice)
So, yeah. The Palworld mod that literally put Pokemon into the game? DMCA’d. Regular ole’ Palworld? Completely fine. And, honestly, kind of a perfect example of why none of this sort of thing should be locked down as the exclusive right of one corporation. Are the individual mechanics completely unique? Nope. But rather than the copy & paste shovelware you see in app stores, Pocket Pair is at least trying to take all the fun stuff from the games they like and mash it together and see if the result is just as fun. As armchair devs, we all like to say “I wish I could play X with the mechanic from Y.” Well, here is someone doing exactly that and it’s working. I saw that energy in Craftopia and I see that here in Palworld. We could do with more of that, not less, IMO.
Coastal Wizards Indict Cryptic Hex
In a move that should not have been so surprising in retrospect, Wizards of the Coast – makers of Magic: the Gathering – are suing Cryptozoic‘s Hex for copyright and patent infringement. Browsing through the actual complaint is actually fairly eye-opening. For example, if you turn to page 14, paragraph 30, lines 18-21:
Other users in the gaming community were confused because of the near identicality of the two games. On Cryptozoic’s own forum a registered user, on December 1, 2013, stated, “I have played a lot of CCGs [Collectible Card Games], and for the most part, CCGs are very similar to each other. However, I’ve never seen a CCG that is as similar to another as Hex is to Magic.”
Think about that for a second. Some random comment of yours on a forum from a year ago could be cited in a copyright/patent lawsuit used to bankrupt a multimillion dollar company.
Going back over my Hex posts, I just realized that I practically wrote the complaint myself a year ago (bolded for prophesy):
I have some concerns with Hex. First, while I am frankly excited about the unique opportunities involved with an all-digital TCG – cards that buff your creatures do so for the rest of the match, you can put tokens on cards that get shuffled into your library, and all sorts of crazy nonsense that physical card games couldn’t pull off – this game skews so heavily towards Magic Online that I’m surprised Wizards of the Coast hasn’t issued a takedown notice.
Seriously, look at this video.
I’m not talking about Apple’s “rounded corners” copyright bullshit, I’m talking about Grand Theft Mechanics. Creatures have summoning sickness, there is First Strike, Haste, seven cards in the opening hand, 20 life per player, four copy limit on individual cards, 60 cards per deck, land cards, instants, discrete turn phases (Draw phase, main phase, declaring attackers/blockers/combat damage, end step), and even the goddamn Stack.
Indeed, Wizards has a table outlining all those same similarities and more starting on page 16, paragraph 34. What ultimately got me the most though, were the excessively blatant clonings. “Flying” vs “Flight” is like, you know, whatever. Coming across the following card comparisons though?
Okay, maybe you can overlook the 7-mana casting cost, the fact that you become a dragon, can only be attacked by flying creatures, and so on. Maybe the Hex version doesn’t put you at 5 HP. Also, one is an Enchantment that can be removed, whereas the other is a spell that’s otherwise permanent. I can see giving this a pass. But then…
It’s like they weren’t even trying. There are literally dozens of these sorts of cards floating around.
If you’re interested, I came across a Magic-playing lawyer’s blog post examining the lawsuit in plain language. In short, Wizards is bullshitting in some respects, reaching in others, but likely has a pretty solid case overall. Also, Richard Garfield’s patent on tapping cards, e.g. turning them sideways, expires in June 2014. That seems almost like someone patenting gaining XP and leveling up, but hey, someone had to invent intermittent windshield wipers; sometimes there is no more elegant a solution to a problem than the first one.
In any case, I might spend some time this weekend reinstalling the Hex beta and playing around a bit while I still can. Given how I wasted $85 paid $85 for an expensive lesson on the wisdom of Kickstarting pre-alpha projects, it’s the least I can do. Or I could watch other people play Hearthstone on Twitch, which I am sadly starting to find more entertaining than Hearthstone itself, at least in this metagame.


Teanautica
Jul 14
Posted by Azuriel
Do you enjoy some gaming drama? What am I asking, who doesn’t? Pull up a chair and let’s spill it.
First, set the stage. Subnautica was a much-beloved underwater indie breakout hit created by Unknown Worlds. The follow-up semi-sequel, Below Zero… not so much. Nevertheless, the actual sequel Subnautica 2 is the second-most wishlisted game on Steam, trailing Hollow Knight: Silksong. Krafton buys Unknown Worlds in 2021. Subnautica 2 was revealed to be in development since April 2022, had a cinematic video released October 2024, and reports it would have an Early Access release sometime in 2025. In April of this year, there was even a few gameplay trailers.
And then a shoe dropped: Krafton, the company that purchased Unknown Worlds for $500m had fired the entire executive leadership, and delayed the game until 2026. Why? “It wasn’t ready.”
Charlie Cleveland, now-former head of Unknown Worlds, said it was ready for Early Access. Which, okay, just a leadership spat, right? But then came the juice: a Bloomberg report that highlighted special “earn-in” terms of the Unknown Worlds buyout. Specifically, if Unknown Worlds was able to meet certain sales targets by the end of 2025, they would get a $250m bonus. All of a sudden, it became obvious that Krafton sacked the leadership team and delayed Subnautica 2 just to avoid the payout.
…or was it?
Krafton resurfaced to hang all the dirty laundry out to dry:
Incidentally, there’s an additional paragraph down towards the end that says Krafton “reaffirm our commitment to provide the rewards [the remaining devs] were promised.” It remains to be seen whether that is indeed $25m, whether it is still dependent on the same targets, and so on. Now that everything is in the open, I think it will be harder for the working devs to be screwed, but we’ll see.
As you can imagine, Reddit and a lot of the internet is awash in hot takes. Most of which are bad.
“Krafton is clearly lying!” “Obvious corporate fuckery.” “They are just trying to get out from paying $250m.” “Krafton is using weasel words and won’t be paying the other devs money either.”
I sympathize with these notions. At least, I did until I found out that Charlie Cleveland really was taking the piss. Krafton’s statement of “chose to focus on a personal film project” comically undersells it:
That’s from Charlie’s website. Also from his website, in the About section:
What else should have been taking place at the end of 2023? Maybe… working on your fucking game?
Don’t want to trust Krafton’s motives? Fine, don’t. But let’s not pretend ole Cleveland Steamer over here was doing anything other than quiet quitting and waiting for his cut of $225m off the backs of devs who were otherwise floundering.
The three fired founders are suing, of course, so perhaps we’ll get more salacious details in discovery. Or maybe it will just be settled out of court. Whatever the case, what I do think is abundantly clear and not nearly communicated enough is this: the founders of Unknown Worlds very clearly fucked off and were waiting for a second paycheck they did not earn. Did Krafton suddenly fire them to prevent Subnautica 2 from entering (a premature) Early Access and thus likely getting enough revenue to trigger a $250m payout? Yeah. Clearly, yes. But was that wrong? No, clearly no.
Charlie elsewhere claims they always shared the profits and would have shared the $225m payout with the actual employees building Subnautica 2 and rah rah rah. That’s a cute sentiment, and I’d almost believe it if he hadn’t abandoned the team. “Subnautica has been my life’s work and I would never willingly abandon it or the amazing team that has poured their hearts into it.” So… were ya working on Subnautica 2 or were ya not, homeslice? Attended the meetings? Signed off on the ever-reducing Early Access scope? Got any receipts, my friend? Or just mad you’re in the Find Out phase?
I’m about as anti-corporate as it comes – feel free to read any of the 1500+ posts from over a decade to confirm. But what I have realized time and time again, is two things:
Don’t take Charlie’s side just because you really liked Subnautica. It’s a beautiful flower in a sea of shit and should be celebrated. The same dev team went on to make Below Zero, and Charlie fucked off to make Moonbreaker. They are not gods, they are not heroes, and chances are none of them have any idea how or why the games they made were any good in the first place. Some games are simply products of their time and would have not have been as successful had they come earlier or later. If they really had the secret sauce, every game would be better than the last. And that is rare.
Also, after you get bought out for $500m with another $250m queued up in a couple of years, if you cared maybe you can sit your ass behind a desk for a minute to ensure your team gets the cut. Or, you know… don’t, and then quit out of principle and go make your AI-seeded Christmas movie. Pick a lane.
Anyway, little ranty at the end there, but it’s Drama with the capital D. You’re welcome.
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Tags: Controversy, Drama, Krafton, Lawsuit, M. Night Shamamamalan, Subnautica, Unknown Worlds