Nintendo`s legal dispute with Palworld developer Pocketpair is intensifying, as the Japanese gaming giant asserts in its ongoing lawsuit that user-created game modifications cannot be considered “prior art.”
Pocketpair had previously contended that game mods, such as the “Pocket Souls” mod for Dark Souls 3 featuring Pokémon, should nullify Nintendo`s patents. However, a report on September 16 (Games Fray, via IGN) indicates that Nintendo, the creator of Pokémon, is arguing in court that user-generated content, by definition, relies on the original game to function and therefore cannot qualify as “prior art.”
Nintendo`s core argument suggests that if mods were recognized as “prior art,” then any third party could potentially patent elements derived from these modifications. This raises a significant concern for the company that its unique gameplay concepts and innovations could be freely appropriated. IGN highlighted on September 19 that this has profound implications for the wider game industry, as it could enable individuals to develop entire games based solely on modified versions of existing titles.
A crucial counterpoint, however, is that the “ideas” and “innovations” Nintendo refers to may not be entirely original. The Pokémon franchise itself has existed for decades, and Games Fray noted that even the patents Nintendo filed in 2021 covered concepts that were not universally regarded as new.
Pocketpair, for its part, maintains that Palworld and Pokémon are fundamentally different games. While both share superficial similarities, such as beginning with `P` and involving monster capture with specialized spheres, Palworld is an open-world action title, whereas Pokémon traditionally features turn-based combat. This core distinction, coupled with the assertion that Palworld is not merely a modified version of Pokémon despite perceived resemblances, contributes to Pocketpair`s reported confusion regarding the lawsuit.
Palworld is currently available on PC, PlayStation 5, Xbox One, and Xbox Series X|S.
Nintendo has also announced upcoming Pokémon titles: Pokémon Legends: Z-A, a new installment in the Legends series slated for an October 16 release, and Pokopia, a life simulation game reminiscent of Animal Crossing, expected next year. Both will be released for the Nintendo Switch (models 1 and 2).