Nintendo is well known for the litigious lengths it will go to, and its legal battle against Palworld developer PocketPair is just the latest major example of the company's legal team pushing things as far as they can.
It launched its suit almost exactly a year ago at the time of this writing, and as the battle has ensued, Nintendo has changed the patents it claims PocketPair is infringing to try to better align them with its arguments, successfully acquired new patents to better stack its claims, and now, the latest argument being made to answer PocketPair's attempt to use game mods as part of their defense, is that game mods don't count as "prior art."
This report comes from Gamesfray, which has followed the suit closely for months now. Essentially, PocketPair pointed to game mods as a way of trying to cut the legs off of Nintendo's claims. Nintendo responded by arguing that game mods are not prior art, because a mod for a game only works with that game, and doesn't run independently from it.
Nintendo would have the judge see mods as patentable by other parties, making Nintendo vulnerable to others taking ideas from Nintendo titles, patenting them, and using them in other games. That's why Nintendo wants the judge to believe mods don't count as "prior art."
The potential ramifications of Nintendo securing a win with these arguments are pretty scary when you consider how far it could take such a precedent. We'd likely see even more legal action from Nintendo going after people who just wanted to make a cool mod, who put hours of their time and effort into creating an original mod for others to enjoy. And that's just on a smaller, individual scale.
Of course, that's if Nintendo is successful with these arguments. We've yet to hear what the judge presiding over the case has to say about what has been presented so far, and Gamesfray predicts that we won't hear any major updates for the remainder of the year.
Still, what's certain is that the outcome of this suit will have a major impact on the videogame industry, whichever way it goes.
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