Palworld Patching Out More Gameplay Features As It Seeks To Invalidate Nintendo/Pokémon Patents

from the make-it-stop dept

Though we haven’t discussed the lawsuit between Palword creator PocketPair and Nintendo and The Pokémon Co. so far this year, this turd of a suit is still going on. To the uninitiated, Palworld has long been described as “Pokémon with guns”. Due to that, lots of folks thought that PocketPair would eventually get sued by Nintendo and/or The Pokémon Co. for copyright infringement, while we argued the exact opposite, which is that this is the perfect idea/expression dichotomy example. A suit eventually was filed against PocketPair, but it was for a series of patents that are jointly owned by both Nintendo and The Pokémon Co., and were divisional patents filed after the release of Palworld, and appear to cover broad gameplay mechanics rather than a specific inventive mechanism in any sort of detail. Add to all of that that it was quite easy to find examples of prior art for those broad gameplay mechanics and it’s at least mildly surprising that any of this is still going on.

But the plaintiffs in this suit are very large entities compared with PocketPair, so it wasn’t entirely surprising to see the disappointing news that the latter began removing some of the supposedly offending content last year, starting with removing the “Pal Sphere” used to catch Palworld monsters via a patch. And now we’re learning that, even as PocketPair is seeking to have the patents in question invalidated (as they should!), it is removing via patch yet another Palworld gameplay feature to try to protect itself.

Writing on social media platform X earlier today, Pocketpair expressed its disappointment that such actions were required back then, before stating it was now having to make “yet another compromise” due to the lawsuit.

This ‘compromise’ arrives with Patch v0.5.5. “From this patch onward, gliding will be performed using a glider rather than with Pals,” the Palworld team wrote. “Pals in the player’s team will still provide passive buffs to gliding, but players will now need to have a glider in their inventory in order to glide.”

Pocketpair said it disputes the claims made against it, and still “[asserts] the invalidity of the patents in question”.

One of the divisional patents in question did indeed have to do with how the player travels an open world using an NPC game character, so I am assuming that’s what is going on here. But the real mild travesty in all of this is that PocketPair is busily changing how its game plays for customers that already paid money for the game purely because Nintendo and The Pokémon Co. are throwing around a couple of what sure look to me like bullshit patents.

Which is the larger point to be made here. It’s very clear these two companies are simply attempting to obstruct what they see as a direct competitor using these patents and patent law, because they know that any attempt at a copyright lawsuit would be doomed to failure.

In other words, it isn’t violations of their IP that Nintendo and The Pokémon Co. don’t like; it’s the competition.

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Companies: nintendo, pocketpair, pokemon company

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Comments on “Palworld Patching Out More Gameplay Features As It Seeks To Invalidate Nintendo/Pokémon Patents”

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9 Comments
Ninja (profile) says:

Meanwhile in Brazil, where consumer protection laws actually have teeth and work, Nintendo is being investigated by the changes in their EULA where they say they can remotely brick consoles that are ‘tampered’ with. Huge chances they will have to revert the changes AND will face heavy fines if they actually go ahead with their bricking threats. Gotta love when Nintendo is thoroughly screwed!

Anonymous Coward says:

Re:

Yeah, I gotta say – it takes some Hansmeier-level chutzpah to turn a favorable legal landscape into one where the judges no longer feel comfortable giving you the benefit of the doubt.

Apple just tried to do that with Epic, even doing malicious compliance as a not-even-trying-to-hide-it attempt to follow the letter of the law, and the judge didn’t appreciate that barefaced mockery.

Companies really think that they can throw their weight around enough and not have to play ball like the rest of their competition. But then those of us at Techdirt have long since recognized this as the kind of behavior to expect from large corporations, pulling bullshit move after bullshit move that would get any average person or indie company fucked ten ways to Sunday. Particularly in the intellectual property sector, where Prenda Law and Malibu Media got away with RIAA-style tactics until they pissed off one judge too many with their “dismiss without prejudice”, “sue all the veterans” shenanigans.

That said, I don’t really see Nintendo being that bothered losing the Brazilian market, if only because between Brazil and Japan when it comes to industrial influence and clout, I’d consider the latter to be the winner – unless there’s information proving otherwise?

Random says:

I tried closing my Nintendo account when I got the email about the updated EULA. They say even keeping your account open counts as acceptance.

My result? Logged into my account. Have to accept the EULA to do anything. Closed tab.
Used Nintendo’s chat. They can’t help me, tell me to call.
Call, use the text option. Same result.
Call again, get a live agent. They can’t help me. All they can recommend is accepting, then deleting.

Every avenue I’ve tried does not allow closure of your account without agreement.

Anonymous Coward says:

Re:

In other words, the agreement is complete BS.

Log in, you accept. Don’t close your account, you “accept”. (Yeah, good luck with that one in court, Nintendo.) Try to even speak to a person about the whole thing without logging in — what, are you joking? (Of course, Nintendo will try to deny this if it ever became an issue, legally speaking.)

I had a similar thing happen with a Microsoft account. Couldn’t log in without accepting new terms. Couldn’t cancel the account without logging in. Couldn’t even speak with a person to get them to stop charging me. So, I just settled for disputing the charges until Microsoft finally sent a few weirdly hostile emails and gave up.

The problem is, you sign away any “rights” to class action suits and most likely anything other than extra-judicial binding arbitration when you sign up. So what are you going to do about it, risk potentially tens of thousands in fees to argue your case individually in front of someone who isn’t even a real judge?

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