Nintendo against Palworld: the argument that ignores mod creators

The legal dispute between Nintendo and Pocketpair has gained a new and controversial chapter. Nintendo argued in court that mods created by users should not be considered "prior art," a strategy that has generated criticism in the industry and, if accepted, could have long-term consequences for creators and developers. The news is an update on the lawsuit filed by Nintendo and the Pokémon Company against the developer of Palworld, which, in its rise, relied on an extremely creative player base.

At the heart of Nintendo's argument is the claim that community-created modifications are not "prior art" because they depend on a base game to function. This position aims to prevent Pocketpair from using the existence of Pokémon mods (which added mechanics and designs similar to those of Palworld in other games) as evidence that the gameplay already existed and cannot be patented. Nintendo's thesis is seen by analysts as an attempt to redefine a well-established legal concept.

Lawyer Richard Hoeg and other experts have questioned the logic behind the claim. Hoeg argues that the existence of an idea, regardless of how it is presented in software, is what determines whether it can be patented.

"Patents are a special monopoly granted by governments around the world to encourage creative invention. If something already exists in the world, a new person cannot claim to have invented it and obtain that protection."

"We call everything that already exists 'prior art,' and it would be ridiculous to exempt any piece of game design from this category simply because of how it is arranged in the software. The access mechanism should not matter. It exists. It makes things like this in the world not new and therefore not subject to protection. We do not give monopolies to those in the background."

Journalist and legal analyst Florian Mueller also criticized Nintendo's position, suggesting that it demonstrates "total disrespect for the enormous creativity" of the modding community. He points out that accepting this argument would set a dangerous precedent, allowing companies to steal ideas from mods and incorporate them into commercial releases, which would then be protected by patent. Nintendo is taking an "extreme stance" here, and Mueller believes that it is unlikely that the courts will accept their claim.

The lawsuit between Nintendo and Pocketpair transcends the rivalry of their games. Nintendo's thesis of disqualifying mods as "prior art" is a legal maneuver that, if successful, could shake the foundations of patent protection in the gaming industry, undermining the creativity of the modding community. The outcome of this legal battle will be crucial in determining the rules of the game in the future.