Nintendo reportedly asserting a stronger stance on patent law by declaring that mods are not genuine games, opposing a Dark Souls 3 mod that potentially invalidates its Palworld lawsuit.
In a significant turn of events, the Palworld developer, Pocketpair, is taking a stand against Nintendo in a patent lawsuit that was initiated last year. The heart of the dispute revolves around the demonstration of prior art in mods, which Pocketpair is hoping to use to invalidate Nintendo's patent claims.
According to Japanese patent law, as outlined in Article 29, a patent application can be denied if the invention is already public knowledge within Japan or a foreign country prior to the filing. This is the crux of Pocketpair's defense, aiming to prove that Nintendo was granted a patent on ideas that had already been deployed in game design.
Nintendo, on the other hand, has argued that mods simply don't qualify as prior art, because they aren't real games. However, the existence of prior art, meaning preexisting work resembling the invention described in a patent's claims, is bad news for patent holders. If successful, Pocketpair's demonstration could render Nintendo's patent invalid.
The legal landscape of this dispute remains unclear, with the search results not specifying the name of the Japanese law firm representing Pocketpair. Games Fray, a videogame patent law site, reported on the ongoing Pocketpair lawsuit last week, shedding light on the intricate details of the case.
It's worth noting that Nintendo has a history of enforcing its intellectual property rights. Previously, it has issued DMCA notices that led to the removal of Nintendo-related items from Steam Workshop in Garry's Mod. It has also forced Breath of Wild multiplayer modders to shut down development.
Lincoln Carpenter, a full-time News Writer at PC Gamer with 11 years of experience in the gaming industry, has been closely following this development. Carpenter, known for his expertise in Caves of Qud bird diplomacy, getting sons killed in Crusader Kings, and hitting dinosaurs with hammers in Monster Hunter, has been reporting on this case with insightful analysis.
The outcome of this legal battle could have far-reaching implications for the gaming industry, setting a precedent for future patent disputes. As the case unfolds, the industry watches with bated breath, eager to see how the courts will rule on the matter of prior art in mods.
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