The evolution of games and gameplay mechanics has always been a melding of new and nostalgic. So when NINTENDO, the industry’s powerhouse, filed a lawsuit against the indie developer Pocketpair over its Palworld, a soon-to-be-released game, it was more than just a legal battle. It is a story of IP, inspiration and homage versus infringement. In this feature, we get to the core of the conflict, and what this means for NINTENDO, Pocketpair, and the game industry at large.
NINTENDO’s history is one of creativity and innovation in the face of market risks; it is also one of steadfast attachment to its intellectual properties. The plumber Mario, the fantasy worlds of Zelda, these are not merely video games: they are worlds NINTENDO has woven for millions of people around the globe. NINTENDO acts the way it acts because it wants to protect that intellectual empire. This means that Pocketpair’s lawsuit must have seemed like a red flag waving in front of a bull.
When Palworld arrived last April, it quickly established itself as a hit with a premise that is undeniable in its Pokémon-ness. As one player said: ‘It’s Pokémon with guns.’ Palworld is a survival crafting game with elements of creature collecting. It’s vibrant and creative and, in a way that has transcended the confines of the game itself, authentic. Authenticity was initially the thing that struck a chord, seeing as Palworld follows in Studio Koba’s previous footsteps: thanks to its colourful NINTENDO look and feel, and its questionable connection to ongoing legal disputes between Koba and NINTENDO, the game had people chattering before it even came out. But that chatter soon turned into outrage as players debated whether or not the game constituted an outright theft of NINTENDO’s Pokémon franchise.
NINTENDO’s response should not be underestimated: the lawsuit is not only seeking to prevent any further infringement but also damages for the alleged infringement of its intellectual property. For NINTENDO, if there’s any chance of some use of an image infringing on its creative works or brand integrity, it wants to send a message that it will vigorously pursue stopping that infringement.
In response to the prospect of a lawsuit, Pocketpair has held its ground. Its CEO, Takuro Mizobe, has made clear that he has a strong respect and fondness for Pokémon, saying that he and those he works with are part of a generation raised on Pokémon. However, Palworld’s early access launch has largely been successful but media coverage has been mixed and possibly indicative of a broader ambiguity surrounding the question of what constitutes homage and what constitutes infringement in videogame development.
And we’re at the intersection of a countercurrent, where the gaming community is divided between Palworld’s place in the ecosystem – some are purists who see Breath of the Wild’s similarities to The Legend of Zelda as too close for comfort, while others are happy about the survival genre getting a new take. It’s a small window on a broader dialogue about creativity and inspiration, as well as where the line should be drawn to protect intellectual property but not to stifle innovation.
The NINTENDO v Pocketpair case promises to set industry-wide precedents for how much new creations can borrow from the old; it could force developers and publishers to lay claim to technological advances that gamers might take for granted, and it could profoundly alter the gaming landscape we all know and love.
As the world’s most important company in video games, NINTENDO Co., Ltd is famous for its inventiveness, excellence and creativity. The Kyoto-based business was established as a playing cards manufacturer in 1889 but, after pioneering home gaming in the late-20th century, it has become synonymous with game characters and play features as diverse as Donkey Kong, Super Mario, Zelda, Mario Party, Pokémon, Super Smash Bros, Animal Crossing, Splatoon and the Switch. Here is a company that has clearly recognised the importance of protecting the rights it has since acquired to the creativity of its franchise creators and to the millions of enthusiasts of its forever young content the world over.
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