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.
Screenshot taken 2/9/24
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.
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.
No matter what’s going on in the world today, I just gotta say: we picked a great hobby.
Inflation approaching (or hitting) double-digits? Gas prices through the roof? Games got your back. EVE raised subscription prices to $20 and a few developers are testing $70 price-points, but budget options abound in nearly every gaming genre. Supply chain slow-downs hit graphics cards and PS5 pretty hard, of course – I waited 1-2 more years than I had originally planned to upgrade my PC. It wasn’t like I was starving for options in the meantime though.
Just think about it. Prices in gaming go down over time. Outside of a few edge cases in live-service games, there is effectively an infinite supply of whatever you want to play. Between insane marketing giveaways and F2P options, there are scenarios in which your average monthly cost to engage with the hobby is between fifteen and zero dollars. You can’t even paint for that cheap. I have some friends that love to go to conventions and they are not having a fun time in this environment, let alone when COVID shut things down. Meanwhile: “Oh, I should be staying indoors? Way ahead of you, buddy.”
I was going to title this post “Futureproof” instead, as there’s nothing stopping gamers from using renewably energy to power our PC/consoles… but perhaps that’s whistling a bit too loudly past the graveyard. Some kind of collapse in the internet infrastructure would end the past-time for anyone not stockpiling emulators and ROMs. On the other hand, if there’s no internet, things have truly gone to shit and most everyone’s hobbies are probably over too. Unless you’re a gardener or psychopath, I suppose.
Hmm. Perhaps all these survival games will come in handy after all…
In An Age 
Nintenwon’t Sue
Feb 13
Posted by Azuriel
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:
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:
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.
Posted in Commentary
Comments Off on Nintenwon’t Sue
Tags: Copyright, Hex, Lawsuit, Nintendo, Palworld, Pokemon, Whistle Past the Graveyard