Why Pokémon Can't Sue PalWorld
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- Опубликовано: 18 янв 2024
- PalWorld is the latest Xbox Game Pass hit, and it looks an awful lot like Pokemon - but with one thing Pokemon doesn't have. So how come Nintendo and The Pokemon Company don't just sue PalWorld for blatantly copying their art style and gameplay?
Well, while elements of PalWorld's presentation might be legitimately described as derivative (and therefore infringing on copyright), the game's big twist - the thing that's made it a meme - is a crucial part of proving that it is its own distinct thing. Pocket Pair's unique hook is what makes the game legally distinct from Pokemon.
As for gameplay, not only was Game Freak not the first company to invent the monlike monster capture concept, you can't actually copyright an idea or a gameplay mechanic anyway.
Join us on a journey of discovery as we explore the basics of intellectual property law as it relates to fan games and games that borrow concepts from other titles. It's super effective!
Lots of love,
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Игры
Long story short, it's not pokemon. They don't use any pokemon.
lycanrok. garchomp
@@FieryRed_BEPokemon doesn’t own the concept of bipedal wolves.
Plus they have guns
@@FieryRed_BE???
I don't see either of those anywhere in any of the material. Maybe some things that look similar-ish but definitely pass the squint test.
@@FieryRed_BE I was not aware that Nintendo invented wolves.
Frankly, Palworld is doing something that the fans of the Pokemon series have asked for forever now. Not the "with guns" part necessarily, but adding new and different concepts instead of just cloning the same game over and over but with more monsters each time.
I think Pokémon feels threatened by them bc they made something better than them. If that's the case, I say good bc all they do is rip the fans off with their subpar incomplete games that feel like a beta....
That's why Legends: Arceus was so much fun
The devs of palworld only added guns for the western audience
And releasing it on PC!
Then you have Nintendo fans sending death threats, grow the fuc up. People just don't know what copyright means, its not just mechanic or design but the overall product.
If there's one thing I can give humans credit for, it's pushing the boundaries of getting away with things they explicitly told NOT to do.
we as a species are habitual linesteppers to quote chappelle. this is what brought us everything from the wheel to the internet. curiosity killed the cat, but it also brought about everything we came to expect and enjoy.
Such as don’t challenge the laws that be - hehehehh… challenge the basis of IP law - why should an idea be treated like property? The same way we treat land?
For one second, i thought you were reacting about the OF streamers in Twitch vs the new guidelines.
In Night City only one thing makes you a criminal...getting caught...
German "tractors" going to Poland in ww2
One of the tests used to determine if a work constitutes copyright infringement is whether or not it risks impacting the original by directly competing with it. If Nintendo sued Pocketpair over Palworld, they would have to either claim they themselves were at least considering making a survival-crafting Pokemon game with gun violence, which everyone knows would never happen, or they would have to admit in court that Palworld's existence doesn't really hurt the Pokemon franchise, handing them a huge win.
Can you cite the caselaw? I'm studying IP right now and am interested.
@@izzywoods794 I think it may have removed my first comment which linked the Nolo article I found this in, so in case the happens again here’s the important information without the link:
We're concerned with Section 107 of the Copyright Act of 1976 (17 U.S.C. § 107), specifically the fourth factor that is to be considered: "4. the effect of the use upon the potential market for or value of the copyrighted work."
The article cites "the Harper & Row case", as relevant case law, which seems to refer to Harper & Row v. Nation Enterprises, 471 U.S. 539 (1985). Not quite the same type of (potential) copyright infringement we're dealing with here, since that case was regarding directly copying from a copyrighted work, but hopefully that's enough to get you started.
@@ProjectThunderclawWhat about the models that have the exact same silhouette? You can't just make a shooter with Mickey Mouse blatantly in it, looking the exact same, right?
@@ObsceneSuperMatt Having same silhouette will not work in court if the design is nothing like the original, copyright is not just the design but the overall product.
@@ObsceneSuperMatt that's a different question. There are four factors courts are supposed to consider when determining what constitutes fair use, and this is just one of them; "(4)the effect of the use upon the potential market for or value of the copyrighted work."
I'm not saying this means Pocketpair are completely home free, just that they have 1/4 on lock.
If Nintendo had anything to sue them for, then they would have done so 2 years ago when the game was announced.
Nintendo announced they're sue them
@@GreaterSociety No they didn't. They said they'd look into it because people were complaining to them.
@@GreaterSociety no they didn t learn how to read
I think with its popularity spiking, they're going to "Attempt" to brush them under the matt.
@@GreaterSociety learn to read dude 💀💀💀
People don't realize that using their own characters and ideas allows them to "clone" any game, except for content from other games. Gameplay and genre can be freely used without even minimal copyright from Nintendo.
Still scummy tho they just took Pokemon and changed their colours and added a new feature or 2 for most of their creatures
@@sixzero2733they really didn't
I mean, I think if they can prove the models were made using Pokemon models, which some of them do look like they were, it can be a case for a lawsuit. Because you would not have access to the 3D models Pokemon uses unless you hacked the game and dumped it, which is illegal I think. But even legality aside, it is pretty clear to see most of the designs are straight up rip-offs of Pokemon, use assets ripped from Pokemon designs/models, and overall just follow the same design principles as Pokemon making it so their monsters have no originality. Temtem even did more than Palworld did
@@michaelsheets5739they really did though. Most of the pals are like a fusion of two existing pokemons. Look ar dinosom for example.
There’s also the fact that technically Pokémon is a shin Megami tensei clone
I keep wiping my screen because of the smudge on his left shoulder...
That’s just a tiny UFO spying on him.
The problem with this video is that it states US and western copyright law and precedents. However, both Pocket Pair and Pokémon Company are based in Japan and that means if this case went to court, it would be Japanese court, acting according to Japanese copyright laws, which are way different than those we know in west. And, also, Japanese courts aren't bound by any precedent made in US or elsewhere in the world. Keep this in mind, when making jadgments.
yes but still they can't sue even in japanese standards if I recall correctly. I'd need to look again before stating anything fully but palworld is different from pokemon, it just has a similar style and catch concept and that's really it. Pokemon doesn't own the concept of catching cute monsters in a ball. thus why digimon and others like that exist still and are based in japan as well. That's based on my intuition though, i'd need to look through japanese copyright law again
@@Its_Asteria "but palworld is different from pokemon, it just has a similar style" some of Palworld's 3D models look to be near identical to ones from Pokemon, with VERY slight changes (i.e. tail/horn direction)
Sry to be that person, but you made a spelling mistake at the end, don't worry much though if you're fine with it I'm just letting you know 👍
@@twiz66"Looking similar" is not enough. Lucario and Anubis is a good example. Putting them side-by-side, they look quite similar. But when you consider both are based on the Egyptian God Anubis, it's hard to argue that Palworld ripped off Pokémon.
@@twiz66 going by that logic pokemon is not original as they stolen a lot designs(by your logic) from Dragon Quest , and going further by that logic you cant steal style of something who was not original in first place.
If you come up with your own "original animal" someone will come along and say its a pokemon.
It's brainrot. Pokémon has such a 'monopoly of the consciousness' for some due to how unrivaled it is and how it's completely saturated a generation. I love the franchise as much as the next, but I'm not so rooted into it that I can't enjoy competitors, especially when the franchise has reached an unbelievable mediocrity.
I didn't know an Original Design is to copy the character designs from the most famous game series and make it more "quirky" so they won't sue you 😂
Before Pokemon there was games with Pokemon like design
they didnt even copy designs lol shows how much you can tell the difference. yes the lamball looks alot like that other lamb from pokemon but i swear we have lambs irl and no has a patent, copyright or trademark on those animals. YES THEY LOOK SIMILIAR. you ever draw in class? everyone draws the sun as they're told in the corner of the paper and yet somehow theyre the same but slightly different, someone colorblind and used orange instead of yellow. some suns have rays some dont. i really would love to see your interpretation of a lamb animal like creature that can be domestically tamed to do your combat and agricultural bidding. OH YEAH DID I FORGET TO MENTION SOME OF THESE CREATURES CAN MAKE AND OR USE GUNS/FIREARMS. so yeah pokemon with guns, if anything this is what digimon coulda been lmao YOU PROBABLY THINK THATS A POKEMON RIP OFF TOO lol
@buiytre can you give me an example? Btw, the first pokemon games came out at 1996.
Either way, they obviously copied the Nintendo pokemon designs, they just found a smart way to do it so they won't get sued by them.
I don't get why people argue about this. (Haven't played the game yet, so my opinion in based only on the RUclips videos, articles, reviews etc)
Let's be real here. Anyone can make a monster taming game, not just Pokémon. That's like Nintendo sueing Sega over Sonic because both Mario and Sonic are both platformer games.
And people still gave yokai watch crap 😭
@@picky9687and then give a pass to smt and persona
No one bat an eye to the originators
It's not just a "monster taming game", they clearly aped pokemon's entire style.
@@Oreca2005 And keep in mind, Megami Tensei predates Pokemon by 9 years with Megami Tensei 1 releasing in 1987 while Pokemon Red and Blue didn't release until 1996. So if anything, Pokemon is the rip-off.
@@jmaster4941 the thing is Pokémon now a days have an entirely different tale system to modern smt and persona didn’t had abilities till royal I think
And other factors to how the battles goes
Weather
Stat stages
Terrain
Turn order
Is all different really
Honestly when I first saw Grizzbolt. I thought it looked more like Totoro than a Pokemon
It looks like an electrabuzz Totoro change my mind
@@lucazani2730 I can see why Grizzbolt looks like electabuzz, but his body, ears, and mainly his smile is what gave me the totoro vibes.
@@DougyDougerton exactly
The son of a quick night of passion between electrabuzz and Totoro
One thing I was thinking about earlier, is Pokeballs. To me pokeballs act like traps from Ghostbusters, except for throwing the Trap under the creature, you throw the trap at the creature. That mechanic in Ghostbusters came out decade before Pokemon was a concept. A Pokeball is just an advanced ghost trap.
Pokémon pulled that mechanic from dragon quest
@@Anthonyspartan514 Also when you compare Dragon quest vs Pokémon creatures you find quite a many very very similar looking creatures.
They quite obviously redrew many of them just in more cutesy/simply art style and turned those to pocket monsters.
no need to go that niche into it, a pokeball is just a glorified mouse trap. And cavemen used traps to capture animals thousands of years ago
@@tubetorpedo You don't understand that's an argument AGAINST palworld. They couldn't even be bothered to even make a new art style, it's literally HIRE THIS MAN styled realistic textured for no Pokemon made from sold assets. Which is already a thing anyway with Pokken.
@@SenpaiSamaKun pokemon 'owns' cutesy art style?
As a pokemon fan i immediately realized that pal world is more similar to Ark Survival than pokemon.
Definitely, thought the same with the building aspect of the game
You're right, that is the entire game at this EA state. But with lots of cute monsters that will beat the crap out of you lol
I think any Pokémon fan could see that right away. There's too much buzz trying to compare the two games that have almost 0 similarities.
@@mrredcheeks4018 yeah, Code Vein has more similarities to Dark Souls than Palworld does to Pokemon
⁰0@@camendiv
I prefer the term "Monster Tamer" over "Mon-like". Calling the genre Mon-likes makes it harder for other games in the genre to escape from Pokémon's shadow and mon is just short for monster anyway.
Yeah, imagine where FPS games would be now if we still called them Doomlikes lol.
Soulslike 👀
specially cause Pokemon wasn't even the one that invented the genre, that was SMT
@@luissaumeth8000SMT invented it, but Pokemon became the prime example of the monster catching/trainer genre out of sheer popularity and large scale impact.
You could argue Dragon Quest also implemented monsters as team members back in the day.
@@jeromealday614there isn't really a concise way to describe it otherwise
Another brilliant thing about adding guns into the mix is that it opens up the parody defense.
In order to qualify as parody, you do have to have something to say about the original, but it doesn't have to be particularly sophisticated. Juxtaposing adorable pokemonesque designs with incredible violence is not only funny, it's funny specifically because it shines a light on how aggressively, almost pathologically family-friendly Pokemon is, and how that's kind of weird for a franchise that's ultimately about competing in superpowered cockfights.
there’s no parody or fair use laws in japan. if palworld is found out to be using even a portion of a model or design from a pokémon game it will be shut down as they are japanese games.
@@derpythean-comdoge8608 Question though, that might shutdown the japaneese market, but would it really prevent them from continuing abroad?
And if not, then suing them in Japan could end up making even more marketing for Palworld.
With the violence, Palworld is most likely not going to target the younger audience so they might not even be gaming for the same players to begin with.
Parody would be having one character being a direct inspiration, in a gun shooter. Maybe along with other franchises being parodied as well.
@Chwibon no? You can make an entire work that's just a parody of something, like Bored of the Rings.
Also at one point devs said they plan on adding some tower defense style events which would honestly be cool.
A former legal clerk in Nintendo legal department said he had seen over a thousand cases of Pokemon imitation games but only a few were successfully prosecuted for copyright infringement.
That's because 99% of them don't ever see court lmao, they close shop at the CND
@@lyn4739What's CND?
Wait, it's cease & desist, so they seal the deal at that stage?
@@AQuestionerNo, a CND is just a warning letter, and most people that get one don't want to go to court, hence why "*only a few were successfully prosecuted for copyright infringement*" because they just don't want to deal with the trouble of fighting against Nintendo.
What matters at the end of the day is that this is a competitor, and competition means better products.
Also this game is definitely what N as a child was convinced the Pokemon world is like
Pokemon lore is MUCH DARKER than it is shown in games ad the anime if you go reading the old Pokedex entries.
@@rrudeljr True, but the dex is also full of absolute nonsense as well. Like stuff that doesn't work in world either. It's not exactly a reliable source.
What he was convinced as a child... Have you READ some of the official pokedex entries? Drifloon straight up tries to kidnap children to take them to the afterlife. ther are more than a few entries that are just straight up dark.
If pokemon was lore-accurate to the dex-entries, we would see straight up armies, in-game, trying to fight back against some of these monsters. Palworld is at least up-front about the violence you can expect from something like a territorial Buck with a 16+ point, razor sharp rack of antlers, charging at you with clear intent to harm.
@@zerosen2141 yep, I grew up playing the different versions as a teen and adult and it was surprising just how dark most of them could be and no one noticed or they kept pushing the games as meant for kids.
Low-key, the world of Pokémon is "edgier" under the surface because most of the games don't show the underbelly.
You're able to travel the world at 10?? years old. Alright, that's not strange for some cultures (on a smaller scale)
However, just outside most towns are fantabulous murder monsters who generally have a base instinct to hurt each other, and this is exploited for sport and the entertainment of humans the world over.
There's a reason N believed in what he was doing.
Another way of putting it:
Pikachu done in your own artstyle? Illegal. Cloning Pokemon's artstyle to make your own creature? Okay. Calling said creature a Pokemon? Illegal.
Giving Pikachu blue fur, a beak, a beaver tail and koala ears? Okay. Doing it in Pokemon's artstyle? Also okay.
Making a game around these creatures? Okay. Making a monster taming game around it? Okay. Calling that game Pokemon? Illegal. Not calling it Pokemon, but adding official Pokemon designs? Illegal. Adding official Pokemon in your own artstyle? Illegal. Changing their name before adding the Pokemon in your own artstyle? Risky.
Making a Pokemon game, but not selling it for money? Risky. Receiving donations for making the game? Illegal. Paying other people with your own money to make a Pokemon game? Illegal.
Making a Pokemon game, but getting donations for other semi-related projects? Extremely risky. Getting hired because of your experience making a fangame? Could count as making money off the IP. The Keyword is "could" Risky. Putting a Pokemon fangame on your resume? Risky. Making a Pokemon game, uploading footage of you making it and getting ad revenue from that? Could count as making money off the IP. Very Risky.
Companies? Legally count as people. Are companies actually people? Legally irrelevant. Anything that's legal for you to do is legal for EA, Activision, Ubisoft, Epic Games, Microsoft, Disney, Warner Bros. and Amazon. Any rights you have also apply to a gigantic machine that can afford more lawyers than you.
Companies don't just win legal cases by being proven innocent/proving their opponent guilty, they also win if their opponent goes bankrupt trying to fight a legal battle. Any rights you have are more powerful in the hands of a company.
I like this breakdown. Very entertaining read 👍
Honestly I am just curious what law has stopped Companies from running for the US presidency yet.
Edit: People keep trying to explain to me how lobbying works. I consider that common knowledge. I was thinking about it more from a marketing stunt angle. 'Buy X-Drink, The Drink you can vote into Office'. Something stupid like that.
@@dasirrlicht5415 Because it is far simpler to just bribe/pay/donate/launder money through a PAC to get the various government agents to do what you want. Heck, we've basically found out you can bribe the US Supreme Court justices with little to no consequences for you or those judges. And that's not even getting into things like former executives for, say, telecommunications companies being appointed to head the FCC...
@@dasirrlicht5415 With uncapped corporate lobbying, companies can influence the president's represented party, which is more useful to a private company than the presidency. They can then let the government wear the public backlash when the policies that are the result of said lobbying start inconveniencing the public.
One caviat is that if they didn't file for one of the pokemon design/name you could technically use that, but would need to search through the archives to see if you could or not.
Obviously major ones like Pikachu and Charizard are registered as covered in the video but more obscure ones are not, again as covered in the video.
I personally would recommend not doing that, but it could be done.
They would then have to fight you over it and could win, but you would not be in the wrong, just likely to lose.
Palworld is more like “ARK Survival with Pokémon” instead of Pokémon with Guns.
Yeah, pokemon has story and narration. Palworld is just mmopve, Ark is PVP
@@vonborgah palworld is in early access with no pvp features yet implemented, surely you will as you can steal others ppl pals
@@dantepaz5028 yes but the devs said spesifically there wont be "turn pvp on, go nuts" options. It was never intended. there will be arenas for dueling for fun. Or perhaps even "accept duel" type of thing in the open world. Mut nothing will be behind that content that you already cant get somewhere else. pvp will come but not in form of rust/ark or similar. Its just for fun.
We're toppling Disney and GameFreak this year.
They'll have to resurrect Spectrobes to compete again.
Spectrobes was amazing. Loved that game. Actually, I think it's still in my DS in a box under my bed. 😂
I just bought a ds specifically to play spectrobes lmao
i've only played spectrobes origins, but yeah. was a great time.
Let’s face it, with over 1,000 Pokémon around, if you a made creature for a Pokémon-derivative game, somebody is gonna believe that it’s a rip-off of Pokémon.
*Monster Taming Game exists*
Pokemon Fan:"iTs a pOkEmOn rIpOfF!"
This was the case for yo kai watch. People were so close minded
I like how IGN did this with Fossil Fighters, despite them literally being dinosaurs as opposed to anything like pokemon.
@NesyBoi
That review hurts me so much since I'm a Fossil Fighters Fan myself honestly.😭
@@crimsongod4634 yokai watch deserved more love😢
Pokemon fans forgot that SMT, Digimon, Monster Rancher, TemTem, that Rick and Morty mobile game exists
ZanZarah: The Hidden Portal
Yeah, but no one look at those game and said: "This is pokemon." People look at this game and they called it: "Pokemon, but with guns!"
@@Afgerakreally? because I look at temtem and just see “Pokémon but MMO!
Been a LONG minute since monster racher
to think smt v is on the same console of the last 2 pokemon mainline games
Here's the thing. Is Rootbeer, the same as ginger ale? Using a few brief words, yeah. They're both sodas, that incorporate a root as a spice/flavor.
Across the board, no they are not the same.
At this point, “using Twitter” is a red-flag for me. Such nasty people on that site/app. They can get bent.
And they all come crawling to youtube to say "uhmmm acktually some person on twitter said, with no evidence, that popular thing is bad 🤓"
@@hosatus2433 It's better than no evidence. One of the big ones admitted they faked evidence.
most of my friends use it and almost every time they start a sentence with "I was on twitter and" it's about some pointless drama. Twitter is just a CoD lobby with a lot more people.
Twitter has been that way for 15 years
Tell them to get welded instead lol
I would assume the survival and base building aspects also make it distinct from Pokemon, as you don't need to worry about that in Pokemon.
The game feels like how a pokemon trainer in the show would survive, but in a slightly more harsh world. This dev teams understanding of copyright law loopholes is master class, haha
It's Ark with Pokémon, as one replyer has said
Which makes it sound even more distinct than 'Pokémon with Guns'
Didn't Digimon come out before pokemon? If pokemon copied digimon... what are they even complaining about?
It's like Disney trying to sue someone for making a Brothers Grimm story, because they copied it first...
@@radagast7200iirc, I think by the time pokemon came out, digimon was still tamagatchi, but for boys. Could be wrong though. Even then digimon's mechanics and designs are still far different than anything pokemon at the time.
@@leedlebob2667 sure, but the mechanics aren't the question. Combining an element and animal together in a cartoon / cell shaded manner isn't something unique to pokemon. In fact, mythology is pretty old with it (not the cartoon part, obviously). Many pokemon are also based on Shinto spirits as well.
Sounds like some game developers are looking at recent Pokémon games and thinking "I could do better than that". And they do.
I hope Game Freak will try to make the next Pokémon games so much better that we go back to "Why would I play that monster-catching game when I could have more fun playing Pokémon".
Knowing Game Freak, they don't give a rat's ass about the players and only care about delivering half baked cans of garbage with 3 fps, because people buy it anyway. And sue anything and anyone that even remotely thinks about improving their formula.
thats why a competitor as palworld is important
They just want to sell you more pokeballs in pokemon go! they couldn't care about the kind of game the world obviously wants!!
I don't see how palworld is a competitor to Pokemon. I've been playing palworld for hours and the whole gameplay loop feels like other survival game like ark, rust or unturned. Sure, it has "Pokemon" in it that you have to catch but fundamentally it's very distant from what it feels to play Pokemon. That is my issue with people that are either angrily claiming it is a copy or happy with there being competition.
If by better you mean "actually fun to play", then yeah, I agree.
Palworld is pretty much in alpha still and it somehow managed to be more fun to play than Gamefreak's latest release.
I find it really weird that so many Pokemon fans are upset by this game, when those same fans have been crying for something new for over a decade.
You can still love Pokemon, and you can love this too. In fact, this game is good for Pokemon. This kind of popularity just shows that fans want more than what Game Freak is doing, and it should help push Pokemon in a new direction.
That's the strangest thing to me, by far. After I got into Dark Souls, I wasn't offended by all the copy-cats. Nobody was. We just made fun of the bad ones and embraced the good ones. Nintendo fans are like the football fans of gaming: territorial, super competitive and unreasonably proud of the brand they support. Also, hilariously ignorant of how gaming works as an industry, in a somewhat quaint way.
I think many of them are artists (hobby or business) and thats a big point. Palworld is violating creative work with its game and thats a big issue.
@@hennipap6800in what way?
You mean Ai? It does not use Ai because they would have to mention that on steam so like what?
im a pokemon fan, and ive been enjoying palworld more than i have enjoyed pokemon since the DS days. i was a fan of even pokemon xd and all those i liked when they tried to change the pace. but nope they jsut keep doign same thing over and over
@@darkmodeenjoyer3367while they didn't use AI your argument is stupid because AI users are precisely infamous for not being open about it and trying to hide it as much as they can, so while they "have to" mention it, they definitely would have not.
A similar example is Them's Fighting Herds, which was a MLP fighting game, but was initially shut down by MLP. They got back and changed the character designs to be legally distinct, and now the game's released out in the wild
Really good example actually.
There was a patent by Namco that was for minigames during a loading screen which ended in 2015. Which would have been helpful for GTA Online when you were stuck in the clouds. But now games load so fast they don't need loading screens.
Isn't that frustrating? We could have been playing tetris and junk during loading screens for a couple whole decades...
@@TheCommanderFluffy except Bethesda games.
Peggle addon for WoW, that was a sanity saver back in the 40m raid days.
Oh wow that might explain the splatoon 1 (2015) mini games
Not quite the same thing, but I really wish Warner Bros' hadn't patented the Nemesis System for the Mordor games. It's such a neat idea that I wish other games could use.
Not the only stupid copyright ether capcom had one on loading screen minigames ( fortunately ran out in 2015) and Nintendo actually owns one for sanity meters (the effects from internal darkness)
I think that's a misnomer. Because you can still make a system that is effectively similar. It's just that the exact implementation needs to be different.
edit: typo
@@artemisDev The biggest issue with this is the potential for a lawsuit makes the risk of implementing it not worth it.
@@sakurakitsunestarNintendo owns the patent for SANITY METERS!?
technically, warframe does something like it but it's not named Nemesis and it's not 100% the same. (see kuva lich and sisters of parvos)
Palworld has used similar designs to Pokemon BUT they haven’t used Pokemon.
I heard a line - Pokemon own Wooloo but they can’t own the design of a basic cheep…
And since Palworld uses their own looking sheep, it’s legal
This was a very clear cut and easy to follow explanation. Thank you very much!
This is actually pretty informative in general. It's interesting to know where the line begins and ends in copyrighting an idea in similar execution.
Ideas cannot be copyrighted. Simple.
@@leoleo1035 No, but the implementation of those ideas can, and if this game literally copies Nintendo's figures, that is a breach.
Kind of like FNAF takes inspiration the most from chucky cheese without outright being condemned by them since they're "their own thing"
Be mindful that it does contain some incorrect information. IP law is more complicated than this video suggests.
imagine if all wow clones and all mmo's are forbidden just because wow come up to that idea first
Part of what makes Palworld's gameplay different is that you continuously play as the character in combat scenarios. I don't mean like in Legends Arceus, but you are actively engaging in battles by attacking as the human player along with the OPTION to also battle alongside your Pal creatures.
Exactly. The Pals in Palworld are no different than summons in an Elder Scrolls game.
@@ZeroFanfare Yes. It never turns into a turn based battle, even when I summon a Daedra[em] to tank for me. I still have to dodgeroll, shoot, or slash in real time, like I'm playing Elden Ring or Skyrim, just with a summoner build.
To me it felt a lot like legends Arceus combined with games like raft or breath of the wild as well as farming games like harvest moon. I don't really know how to explain it, but palworld kinda feels like a fusion of those from a gameplay perspective. At least in the early game.
I was obsessed with Legends Arceus when it released, so that was definitely one of the games I thought of when trying to figure out what games they took inspiration from.
In terms of visuals, it does feel a little bit like an uncanny valley of it looks like pokemon but also not. It reminds me a bit of the fan eeveelutions I've been drawing. And some of the small fox creatures are definitely the type of stuff I would've come up with when making fan eeveelutions. It's a strange feeling for sure, but I'm fully aware that they couldn't have copied my works. It kinda feels like getting a look into what my art could be like if a 3d sculpter went wild with it and so the designs give me inspiration for more art pieces.
It's a game that feels strange yet familiar. And that makes it so interesting
The worst part about this, is that people complaining and saying that they're gonna take it down at any moment, refuse to consider that if they could take it down, they would have taken it down YEARS ago when they released the first trailer to the public, there was no possible way it would have been released if it would have been illegal lmao.
No, you take something down soon if you don't think it'll make money. If you can get some money from it you let it do it's thing and THEN you take it down, take the money and move on. They will sue to get the Pokemon removed and then move on. People are only playing it to use pokemon
@@everettjohnson9374 Tell that to the hundreds of awesome, famous, Pokémon fan games, that were taken down as soon as they got popular without even letting the project release in the first place XD
I'd say they actually take down the projects faster if they're gonna make lots of money lmao.
@@everettjohnson9374 Not sure you could get the money if you take it down, that would be separate lawsuits I think and also, courts are not very happy if you try to game the court by deliberately waiting when you knew about it, they could throw the lawsuit out on the grounds "you knew but failed to take action in time".
@@poiujnbvcxdswq I think it first of all depends on when the company with the rights learn of the new one. They are usually not expected to act until they know about it :).
But it can also be if its not obvious to begin with how infringing the now one is.
In this case since the big thing that is protected is the designs of the creatures and since they have been advertised extensively in advance and the actual game is less similar if they did not go after them before I think its less likely they will now.
Sure they can always try, and when legals are involved nothing is really guaranteed ;)
Lmao nobody cares about pokemon bro. Everyone cares about palworld
Can you please make a short tutorial on the software and tools you used to draw those pictures at the beginning? I've been trying to figure it out on Krita, but I don't understand how to make things look cartoony, with big, even thickness linework, and I've tried looking up other tutorials for it and found nothing useful.
no one owns "throw a ball at a monster to catch it"
Nexoball go 😂
I hope Palworld gets big like really big and even better than Pokémon, So that Nintendo finally has some competition and makes their games better.
I love this game, but that will probably never be the case. What this could show nintendo and game freak however is how much extra money they are missing out on, and (in a twist of irony) what they can take from pal world to improve and add their own game.
I really hope Palworld doesn't get big, for a few different reasons, but I do hope it encourages more game devs to make monster catching games, a bit like how the ice was largely broken with platform fighters and Super Smash Bros.
Wish that were the case but it won’t happen. Their recent 3D games still sold amazingly despite the games glaring issues. People will still buy it out of brand recognition alone. As long as they make a ton of money they won’t care about quality.
The game is going to die out in 4 months, nice copium though bud. I did buy it so maybe gamefreak can get kinda scared and put pressure into their games, but the game is still ass.
@@bamby7766 someone is projecting
Only one copeing is you
The amount of Pokemon Paldean ads I got during this video was wild! 😂
Here's what I think
Nintendo: We're sueing Palworld for copying designs.
Dragon Quest: Go on, keep talking, I'm liking where this is going on.
Nintendo: Maybe not.
Pokemon doesn't own a Sub Genre the Monster Taming Genre actually predates Pokemon with Shin Megami Tensei actually not to mention a lot of Monster Taming Games range in different genres from a Metroidvania like Creature Keepers,RogueLite PatchQuest,Classic Pokemon Like Experience Coromon,and many more it is the most creative genre in my opinion not yo mention the Triple A Monster Taming Games like Dragon Quest Monsters/Jokers,Fossil Fighters which definitely deserves a Revival,Digimon,and Spectrobes.
Wish we'd get another fossil fighters that and yokai watch id argue are the best creature fighter ids after pokemon
I forgot to mention Monster Hunter Stories 1 and 2 r so good hope we get a 3rd game eventually.😅
Now good news for Yo Kai Watch in April it is getting a gameplay trailer for a new entry I intend to pick up Yo Kai watch 1 to play it before the new entry.
The fact they added guns, base building, and physical animal abuse to a monster taming game was a bold move.
@@sakurakitsunestarwould love another fossil fighter
@BrutalNobody
I want to see Fossil Fighters return so much ever since the 2018 trademark renewal I've held onto hope.
Art style is not protected by law. There is actually alot of artists out there who think it is protected.
Also PalWorld can arguably be a sort of parody which would then be protected under fair use similar to court rulings on pornographic depictions of otherwise copyrighted characters; Rule 34 is basically considered parody.
No such thing as 'fair use' in Japan where both companies come from. Its why Nintendo can copyright strike whatever they feel like doing.
@@akuma2124😂 games, anime, tv dramas all reference and copy other shows all the time with no issues. If you don’t live here don’t speak for us
@@Rejii16 Im not speaking for Japan. Im literally pointing out Japanese copyright law, and providing observation of said law in practice.
Why're you trying to gatekeep? because you live there? The more caution foreigners take, the better it is. The law doesnt stop applying because someone is ignorant of it.
@@akuma2124 What an overreaction, you're not from Japan. It's perfectly fair for a local to say "You have a misunderstanding of our laws, do not speak on our behalf."
@@Rejii16 Correct me if I'm wrong, but Japan doesn't have fair use doctrine like the US at least from what I see in Subsection 5 of Chapter II in the Copyright Act(Act No. 52 of 2021), please don't hesitate to point me out if I made a mistake. From what I know, the reason Doujinshi's aren't sued left and right is because of Japanese culture, where if the Author/Owner doesn't care, it's not illegal but if they do, then it's illegal.
What I have said is from my limited understanding, feel free to correct me.
I love videos like this because it dares Nintendo to sue PalWorld.
I think we can all agree this is the competition Pokemon needed
Digimon, Monster Rancher, Yu-Gi-Oh, Medabots, Neopets, Yo-Kai Watch, Bakugan, Monster Hunter, Monsuno, and Cardfight Vanguard: We would like to join the competition.
Nintendo can patent their specific designs, not the general concept of monster collecting. Just like Toyota can patent a specific camry sedan, not the general concept of a sedan.
Except they cant patent it. Patents are for inventions, not art
They can *copyright* their designs, not a patent. If we're talking about the concept, Pokemon would've been sued a long time ago, they're, by no means, the first to do a monster collection game.
Most of pokemon are inspired by yokais or real animals. They don't own their concept.
@@user-dh7sm9zh9eyou missed the point. they were talking about the idea of the game, not the designs
@@RedHatGuyYT I watched someone play a couple hours of this game, and the gameplay is nothing like any pokemon I've seen. We're talking start naked, gather stones and lumber for a crafting table and a fire so you don't get cold at night, make a club, axe, and pickaxe. Then start killing the animals for food. Eventually you get to capture them, but you use them for labor and need to craft beds for them and feed them so they can gather resources for you and defend you. Obviously it gets more advanced, but calling it anything like pokemon is hilarious.
I kind of like the idea of a few similar Pokemon look-alikes available to consumers. I feel the Pokemon games are slow to change partially because they're never challenged or in competition (e.g. Nintendo vs Sony vs Microsoft). I love playing Pokemon, but I've often wanted to try a monster-tamer game made by a larger company that isn't doing the same buggy game repeatedly for 25 years.
Ever play TemTem?
Can't wait for someone to make Pokemon but furry seggs
True I feel pokemon is so boring but people still buy it every year because it's the biggest version of that game and for nostalgia. I'm glad this game can take part of that market share.
It's fundamentally the same game with slowly adding new systems. And this game is in Alpha but it works better than when Pokémon Scarlet and Violet was release week xD, but unfortunately I think Palworld is slightly too repetitive and needs some more content. Hoping for the best.
@@Roxas9bI think TemTem is to Sun & Moon as PalWorld is to Arceus. They have such different feels, and they’re both good for different reasons.
Also remember guys Temtem is on the official Nintendo eshop. And that is very close in gameplay to Pokemon.
I mean, hardly any of those look like Pokémon
@@supaded973 And there are tons of Pals that look nothing like Pokemon. I could easily go into Temtem and use the same "logic" people are using to bash palworlds designs. Look, a fire lion! Clearly a rip off. Ohh, a fancy bird! also a rip off. A yellow bug with four legs? A muscular biepedal creature with four arms? Wow guys, so original!
See, when you break down someones designs into it's basics and try to claim they are just copies, all you're seeing is something a little familiar. Pokemon owns none of the above concepts and if you compared the designs of these similar looking creatures between Temtem and Pokemon you'd be able to tell them apart. The same goes for Palworld. A lot of the people crying "omg, this was copied!" are pointing out general design aspects or things the company cannot claim as their own. Anubis and Lucario are very different, their ONLY similarity is that they are bipedal canines. You can't own a hair style, you can't own the idea of horns, or eyes, or hands, or feathers.
What I’ve wanted for awhile was pokemon+dnd or pokemon+baulders gate.
This is fairly close, not quite, but being able to fight the pokemon as a trainer, is a giant leap towards what I’ve been wanting.
Most people have a comically poor understanding of copyright laws, but they state their wrong understand with extreme confidence.
R/ConfidentlyIncorrect
You have a comicall poor understanding of context. These laws were not established with AI-tools in mind. Laws can and need to change.
@@thefebo8987 how is AI involved in this??
@@Ramsey276one they used it. Trust me. AI Bros made this game. There are no concept art works, nothing.
@@thefebo8987 Hmm
Besides that, I have no objections so far.
AI didn't code *all that,* I'm sure!
Imagine getting a Pokémon Go ad while watching a a Palworld video
imagine having adblock off?
@@007kingifritimagine not getting the joke
@@ElTeddyMalo mine was of a higher brow vareity of gag, so gag on it
@@007kingifritimagine having the humour of a wet blanket
@@007kingifrit RUclips won't play with ad blocker turned on, on mobile
What I would like to know is if AI generation was used in creating the designs (specifically the designs) of Pals. I've heard people say that the devs have said the models were all made in-house (though i can't seem to find that, all I can find is the director saying that slanderous comments and death threats have been made towards the artists), and while I do find that questionable given just _how_ similar some Pal models are to Pokemon counterparts, that's for TPC to find out about.
However, between the very similar design elements seen in Pals, the director having endorsed AI himself, and PocketPair's previous work also using AI, it would be very _easy_ to believe that AI was used to take those elements from Pokemon and mix them into what we see in Palworld. And if it _is_ the case that AI was used, I'm pretty sure this would be one of the (if not the) biggest examples of that. In that case, it would be the perfect time to come to a decision on what an ethical use of AI for the purposes of art would be.
I know a lot of people don't care because its happening to Pokemon, and while I understand the "stick it to the man" mentality, this didn't _have_ to happen to Pokemon. This kind of situation could very easily be reversed, where it's a large company taking from smaller teams, and it's that possibility that's why I want a legal decision to be made.
Wasn’t Digimon a similar thing to Pokémon yet no law suits
No Digimon started out from Tamagotchi but for boys
Considering the death threats, this video is MUCH needed
Law of the Internet: No matter what the reason, some awful anti-social children with mental disorders on the Internet will make death threats, and in almost all cases they're not actually serious. Pointing them out will embolden them and telling them to stop will make it worse. The best thing to do is ignore them. They can't stand being ignored.
Too bad. Those freaks don't have any single brain cell to understand any of this info in the first place.
@@The8bitbeard And with wester game dev/publishers, those threats don't even exist. Their just excuses to deflect criticism.
Those threats mean nothing online
@@TT09B5 I was about to say. I don't care for the game as I see it as the next flavor of the week novelty that will soon fall into obscurity. Still I haven't noticed or even heard of these supposed treats till this comment.
Interesting discussion on what Pokemon names are and aren't trademarked; I imagine it would be very hard to trademark names that are based on reasonably common terms, like Farfetch'd, Weezing, and Mew, or close to such terms, such as Skitty, Shellos, Ducklett, and so forth
Various factors determine if someone has a stronger trademark or not. In Pokemon's case, the word Weezing alone might not be trademarked but the design + the name are. So say you made a shirt that has the image or symbols of a Weezing and clearly implies that it is a Weezing by the Pokemon Company then they may have grounds to sue you for trademark infringement or copyright infringement.
mew 🗿
One other reason is it'd be stupidly expensive.
Electrode lol
As a transforme fan : you'd be surprised.
damn I feel like that squint test could get a lot of modern shooter games with that logic
There is a lot more criteria than the squint test. It's discussed in the Tetris case this creator cited. It was prob just a lot for one video. The squint test just happened to be the deciding factor in the tetris case.
@@izzywoods794 fair, and in the case of the Tetris clone I certainly feel like it was warranted that it got taken down as it's essentially just the same game with different assets. In this case I feel like palworld is distinct enough in gameplay and what not to not be in trouble (even if the designs are very derivative of other games which I find unfortunate since I really do enjoy the game itself, hopefully they work on more unique designs in future if they continue development like they say they will. Or maybe even do what they can to redesign some of the base pals to make them more unique)
A lot of Pokémon fans did the same with digimon, neopets and several other monster games and anime’s back in the day as well. But we all forget that for this game, Pokémon has been watching it since its announcement years back. If anything they only sent several cease and desists to some pal designs that resembled too closely to the Pokémon. Other than that, you can be inspired by the pokemans and still make monsters that look similar but are entirely not that. Just like digimon, neopets, youkai watch, monster rancher and another game that more resembles Pokémon than Palworld: TemTem.
Except digimon didn't use Pokemon assets
@@everettjohnson9374 neither did palworld, so cope, I guess?
This is why larger companies have large legal teams and rarely, if ever, run into the same issue fan games and indie games run into. They can turn around and ask the legal team "We cool? We good?" and proceed if they get the thumbs up.
The issue with indie games isn't usually that they don't have the legal backing to stand up to big companies, because legit original games almost never get that kind of attention. It's fangames that use existing IPs that get the wrath of the people who own those IPs. And sometimes that means things you don't think about, like patents on game mechanics.
@@OtakuUnitedStudioI mean that's the answer Nintendo's legal team would give, yes. Of course every single derivative work they've tried to take down has actually been infringing their IP, I'm sure being a huge company with a huge legal team has no chance of winning them any fights they don't rightfully deserve to win s/.
Pocketpair better hope they have an impressive legal team on retainer because they are going to need someone with a lot of resources to go up against Nintendo in Japan.
@@Lindsey_Lockwood That's the thing, Nintendo hasn't done ANYTHING. There is NO Fair Use in Japan but Nintendo hasn't lifted a single finger since Palworld's announcement in 2021.
@@Mahbu If I was Nintendo legal I would let them make as much off the title as possible then when the hype dies down you swoop in and grab the whole bag. If they stopped them now they would be limiting the amount they can make in the lawsuit.
If they sue, the human pokemons is canon
It'd be amusing if a new pokemon game allowed you to catch a full party of humans.
Pokemon used to marry humans. Yeah from the original jp text lol.
@@ShoppingBored haha...
*_what_*
@@ShoppingBored Even the English text of Pokemon Red. Pokemon and humans used to be the same.
@@ShoppingBored Vaporeon my beloved
Also people fail to realize Copyright Laws are vastly different from the U.S. and Japan, which both companies are based from.
I would say Nintendo might have a case with the squint test, especially with the pal that is similar to Pikachu both in style and abilities. Also with trademark confusion and trademark dilution, mostly because how the main stream is referring to it as Pokémon with guns, potentially harming the Pokémon trademark.
thats like lego sueing everyone that calls other brands lego, vice versa sues other brands for getting caled lego
No, the squint test is not really only about the visuals and its especially not referring to some models or areas but the whole game.
So if the game played out similar to a pokemon game AND had graphics that are close enough, then it would be to close, but thats where their decision to add things no pokemon game has.
The first thing I saw of this game was an unknowing Vinny Vinesauce instinctively punching an approaching sheep in the face and laughing before proceeding to beat it up and roll it down a hill. No idea if the game is any good but I'm sure to remember it
The game is ark, but with pokemon slaves, basically
My first exposure was from a link to his stream on the Vinemon Discord.
I saw Ralph Bluetawn 2 and that was all I needed to know that the game was good.
A bit of Breath of the Wild from the sound motif, climbing, and... a lot movement and transporation system that relates to that game.@@raulbrenes778
You can catch and butcher people for money
It is that and so much more....a fox you can use a flamethrower...I mean...COME ON! XD
Think the easiest comparison is old Saints row and GTA where everyone kept calling Saints Row "Just a GTA clone or Rip off"
The Palworld drama basically boils down to people acting like Pokemon owns the concept of monster-taming/creature-collecting (Partly Due to not understanding copyright law) also a lot of people don't understand the differences between inspiration and plagiarism in general nowadays
I thought that spot on the wall behind you was a stain on my screen!
P.S. Thanks for the detailed explanation that is easy to understand.
Nobody can "own" a genre.
@@regulus7181 Pokemon fans*
oh trust me, pokemon fanboys are very uneducated for some reason
Lol but these aren't even in the same genre. You might as well as say they infringed on Minecraft's IP too since you can chop down trees and build stuff.
@@fairypabu4888 well they'll tell you the EVs, IVs, ins and outs of how the game works and every meta strategy. But yeah they might as well be a bag of nails
@@Dreadskull91 i would more say ark
My sone and I played it all weekend. It’s a phenomenal game. My son owns, at least, one copy of every Pokémon story game. He’s not old enough to have been around for them, but he asked for the older games for birthdays and Christmas. He loves Palworld. The only Pokémon game I’ve ever played was Pokken Tournament. It was fun.
The game I remember was Monster Rancher, from the PS1 days. Every monster was hiding in one of your CDs. Pop it in the tray and see what you get… it was so great. Palworld hits me like that one. The fact I can play it with my sone makes it even better.
As a Monster Rancher player, you got me sold. I'll give this sucker a try.
if he's not old enough to have played the previous pokemon versions, then oyu're an irresponsible parent giving him access to palworld says the pegi for the game is extremely inaccurate. then again americans love their guns.
@@ejokurirulezzwhat? Red and Blue are 28 years old. Hell, even gen 5 is 14 years old. Their son could easily be 18 and not played anything before gen 6.
@@ejokurirulezz and who are you to say this person is irresponsible? you are on the internet saying what people should and shouldn't do with THEIR child.
He is SITTING THERE. WITH THE CHILD.
@@ladyV-hara can confirm, I'm 19 and haven't played any of the Pokémon games, so... Yeah, anyone my age could easily never have played them
super cool drawings!! love this video style, keep it up !!
What about the nemesis mechanic in the Shadow of Mordor games? Wasnt that copyrighted?
Nope, rewatch 1:44
Pokemon devs have said in interviews that they got ideas for features like trading from Dragon Quest games they loved as kids.
Many of Pokemon's "original" Kanto designs are just Dragon Quest monster designs with many of the exact same gameplay under a different artstyle.
Western Pokemon fans will ignore such factual information when it is convenient for them.
Many of Pokémon original designs are also JUST animals / items. Like of course Lamball will look like Wooloo: THEY ARE BOTH SHEEPS lmao
Of course they will, Dragon Quest doesn't exist in the west.
Because Pokémon is popular, people will always ignore that Pokémon is just clone of SMT, DQ, and various other games that those were based on.
@@randomname1924 But does both have to be big round ball design?
@@dimitrifake53 Pokemon does not own circles or sphere shapes no matter how much some westerners believe Voltorb and Magnemite are perfect designs.
Anyone remember monster rancher? How you put in CD rom disks to get monsters from them. It came out before pokemon.
- Digimon isn't older. But... Megaevolution? Hmm... even pokemon takes ideas from similar stuff. Allot of the stuff Digimon did. Pokemon did later.
- Remember the little collectible rubber monster in my pockets?
- Pocket monsters 👻 pokemon.
0:22 in thair def how else can you make a normale type sheep XD only idea i have myself is more wool that might cover the eyes and make it a bit bigger
The thing he's not coming out and saying while just hinting at it is that courts are often not consistant especially in areas that are hot topics or have public or social biases, or just allow for grey areas because the lawmakers of that time couldnt figure out any good solutions. Even now it's a now it's a know thing some companies litterally buy a patent for something similiar to what some small company is working on and then threatten to sue, hoping to get the company to say an out of court fee because it's cheaper than defending themselves in court or they just cant afford too. (Legalized blackmail basically. Legalized crime is actually pretty common to find if you look for it.) And yeah, some companies just slam people for fan work especially when it's super popular or the company is screwing things up and the fan work corrects the problems or is just what the fans expect.
The problem Pokémon has with their case is that a whole lot, if not all then most, of the Pokémon are based on creatures or things found in the real world. Palworld can use the same case for the similarities that they’re both deriving inspiration from the same source.
But Pal world Traced the Models of Some Pokemon, and that is a Smoking gun for a Copyright Case. I saw the Images of the Serpirior Looking Pal Model and that it is just the Serpirior Model Traced and Puffed up a little. And the Game can be as Fun as Possible, this is Theaft and Shuld not be tolerated.
Proof of asset tipping or gtfo
@@TheDarcaneifyThe person who showed that off admitted they lied about it on twitter.
@@KitoBallard He admited that he SCALED it to show it better, not that he lied about it.
@@TheDarcaneifyA long with editing em.
People forget there's many other monster games,
Digimon, Monster Rancher, Yu-Gi-Oh, and Yo-kai Watch and many more.
So there's plenty of sources to get create ideas from.
The majority of them still proceeded pokemon. A lot of people seem to forget that (not that I really care, but it's true) calling this a "ripoff" is a joke
@@AllHailSeizure90
Yeah kinda like What's difference with Call of duty and Modern warfare games?
or your "Scary Movies" or other Parody Films?
It's just Who can do a Better or Worst job, and that's the point too.
Who's Hamburgers "taste" better? Mcdonald's? or Burger King's? or something?
@@bobbynick5358 call of duty and modern warfare are the same game. Long story short: Call of Duty has a few developers making titles for their brand. The modern warfare series was by Infinity Ward, Black Ops by Treyarch, as well as other titles by both and one by Sledgehammer but still under Call of Duty.
@@ChunkyCoffee I meant Medal of honor, not Modern warfare.
as Medal of honor use to be different until it want to be more like Call of Duty,
then both seems to be no differences.
the average person is never going to confuse the two properties
The thing is honestly, the game plays extremely differently. Literally the only thing they have in common is that monsters exist and you can catch them. Well and they can level up, but leveling up your character in a game is so common, it's like saying Doom Eternal is straight up just Super Mario with guns because you can jump in it.
But the gameplay style is completely different, how you interact with the caught monsters is different, base building, survival stuff, "Catching monsters with orbs" is literally the only thing they took from Pokemon. Honestly, Valheim or Ark would have a better chance sueing than Nintendo.
Y'all remember TemTem? That Not-Pokemon but with cards instead of balls?
Yeah...
As long as it's legally distinct _enough,_ the law can't do anything. There's a whole compilation of offbrand products you can find and laugh at.
"It's not Pokemon, it's Mokepon. Go, Kicaphu, I choose you!"
Cardcaptor Sakura comes to mind.
People keep rediscovering that copyright only protect works, not ideas, for very good reasons.
TemTem is also a great game xD i think people just saw the success Palworld has had and wanted something to complain about.
Yeah if just making a monster collecting game was an issue in of itself I wouldn't imagine that Nintendo would have allowed Nexomon, Coromon, Cassette Beasts and Temtem (just to name a few) to be sold on their e-shop. I think the only reason Palworld likely won't make it to the Switch is hardware limitations rather than copyright laws and/or trademarks.
Especially Nexomon and Temtem. I don't thu k they even hide that they are a monsters tramer game that copy pokemon. Nexomon feel like a game that doesn't take it serious and now what it is.
If there's a reason (other than hardware), I'd say it's because some pals are INSULTINGLY close their Pokemon "inspiration". Cassette Beasts has almost as many Beasts as Gen I Pokemon, but don't resemble any Pokemon. Meanwhile I can point to Pokemon that resemble every pal at 12:10
I mean, most are fine (Leezpunk's color scheme doesn't make them a Toxtricity knock-off, Direhowl is a generic wolf that doesn't even look like lycanroc and Tombat looks closer to FF's Cait Siths), but you gotta admit making Grizzbolt the face seems deliberate.
Im planning on making a game that is simmilar to pal world cause it seems so fun, i was thinking of making it a little more kid friendly and maybe remove guns and weapons and i was thinking of naming it Pokemon, cause like "pocket monsters", get it? Anyway wish me luck
Got us in the first half, not gonna lie.
So then you'd actually do what people are complaining Palworld does? Good for you.
I was curious about this matter, great content here!
Haven't seen your videos in a long time nice to see them again
Nice to have you back! The algorithm hasn't exactly been kind to us recently 😅
Sometimes the word "ripoff" gets used loosely
It happens with pokemon/digimon (24+ years ongoing)
It happens with Capcom/SNK/FGC
It happens alot in the Shonen Anime community
Because (popular) thing and Brand loyalty?
Look at the Palmmon designs and look at the Pokemon designs. It is pretty blatant it is a rip off from the design language used in Palmons. This is something that isn't present in Digimon or even something like Temtem, and the comparisons people make with Pokemon and Digimon are people who aren't fans of either and just hear their similar names and them having similar combat gameplay systems. this isn't being used loosely. I don't think Palworld as a game is a rip off of Pokemon, but it is pretty clear the designs of Palmons ARE a rip off. There shouldn't be 20+ "original monsters" in their roster whose designs are either partially or fully copies of existing pokemon (and no, I do not mean concept, I mean literal designs).
@@dorkenspache8353While SOME designs are pretty inspired by Pokémon, there are a ton of designs that are pretty unique, not to mention that you can basically fuse different Pals to make others.
If you want to argue some designs are ripoffs, sure? But they’re different enough and the game plays basically nothing like Pokémon outside of being a monster tamer. Like yeah, Luxray I guess, but Luxray in Pokémon sucks and is wasted potential already so I’m pretty fine with another game taking the same idea and doing it better.
We’re also talking about Pokémon, the games notorious for being extremely unpolished because devs don’t take enough time to make them yet still make billions, so I really don’t care if a few designs get snatched up from lazy people at GF and Pokémon Company.
@@chadachi3970 All that yapping to excuse the devs of this game being so lazy they couldn't even develop their own unique design language for their monsters
@@dorkenspache8353 I don't see you coming up with any counter arguments, besides when there are over 1000 Pokemon you are bound to find some similarities to other creatures from other games, there are only so many designs before you reach the realm or ridiculous designs.
@@mesmorrow Explain how games like Digimon and Temtem were able to create a large roster of monsters to collect and tame without them being derivative of Pokemon, with the only exception being that one platypus Fakemon that was only put into Temtem because of a kickstarter reward? How come they were able to develop their own unique design language for their monsters meanwhile Palworld has suspiciously similar design language to Pokemon, woith some monsters being near direct model edits of Pokemon?
I’ve been playing Pokemon since I was 9, currently 24, Pal-world made me realize how low quality Pokemon games are and that I only play the games because of nostalgia but in reality Pokemon games now days continue to disappoint year after year. And all these years I’ve overlooked the disappointment because of this nostalgia I have for the franchise but in reality the developers bank on exactly that(the nostalgia) to make those sales. I am proud of myself for not buying scarlet and violet. I hope the developers launch a breathtaking game for their sake. Until then sales need to drop on these rushed uncared for Pokemon games.
Swear bro last pokemon game i bought was sun and moon i couldnt take how bad the series was tanking . 27 here
29 here and palworld was needed to hopefully kick Nintendo and gamefreak in their ass
Seriously. Pokemon makes way too much money to not give us a Breath of the Wild quality game. Step up, Pokemon.
The game play mechanic is a tricky one as you can patent them in certain circumstances. See for example the nemesis system in Shadow of Mordor or the numerous patents held by Activision-Blizzard
Yes but because so many games have it already, and so many games had monster catching and taming forever before and after pokemon, they can't.
It's too vague and too popular.
@@ectothermic also patents enter public domain relatively soon
Not all countries allow that type of patents. The nemesis system is not really a new concept, the very name, nemesis, directly references the concept of a nemesis, an enemy you fight over time, and enemies that get more experiences is also not a new concept.
The ONLY new concept is putting it into a game and that would most likely not hold up in many countries outside of the US.
As I mentioned in another comment, I used nemesis enemies that evolved in table top RPG's in the 80's. Taking that concept to a computer game is not really revolutionary as a concept.
The implementation, that is a feat to pull of in a good way and that would be protected by copyright, but the concept as such of a nemesis is old news, and just adding a computer is at least in the EU not enought (or should not be according to the laws even if some such patents have slipped through due to lack of knowlegde)
@@davidmartensson273 the patents likely would hold up outside of the US as most countries of the world are signatories to PCT under WIPO.
Note also, patent and copyright have very specific application in the software industry (pun intended) wherein patents are often granted for the way in which software works rather than exactly what it is doing. Put another way, Copyright protects source code as written while Patent protects the way underlying algorithms function to accomplish tasks not just the ver batim source code.
Thus while the idea of a nemesis in its literal form is obviously not new it is the method by which the nemesis system in that game was implemented and functions that is protected by patent.
Thank you for educating more people on how copyright, trademarks, and pattens work. It’s important so people don’t overstep their legal boundaries when making their own works, especially with Mickey Mouse.
South Park does the best mickey mouse. Lol
It's great that Palworld seems to be taking off too. Maybe Nintendo will actually spend time developing higher quality pokemon games if there's more competition
It all depends on the player base of Palworld. Pokemon is a juggernaut with a higher player base than Palword (I know that's not a fair comparison since Palword just came out, but it's doing good since its initial launch). If Palword can grow and maintain a consistent base throughout its lifespan, then yeah Nintendo and TPCI might have actual competition on their hands, and they'll give Game Freak the resources they need to make a good and stable game.
They are very different games. Nintendo has been making great Pokemon games. Pokemon Legends Arceus is very fun and went beyond the traditional Pokemon gameplay, so I imagine they will continue to explore that.
Gamefreak*, Nintendo let's them do their own thing. If Nintendo was developing the Pokemon games fully it'll be better quality.
@@mattt6201Legend Arceus was a spin of..
Legends was the spin off, but it felt more like a mainline game than the actual mainline games and remake we got lmao.
Anyone remember the Rick and Morty "Pokemon" game?
Pocket pair: huh, so that’s how we haven’t gotten sued
Seeing pokemon fans seething so hard at this that they want Nintendo to sue is utterly hilarious.
From what I have seen the Pokémon fans are loving this game it's the wannabe fans who get offended by anything even though they never played the games.
I haven't played pokemon since Ruby. I watch some of the show growing up. Palworld is everything I'd want from a pokemon game haha.
@@smittyvanjagermanjenson182 so not a Pokémon game? Lol it's ark but with Pokémon instead of dinosaurs. I see pal world as a survival Pokémon game
After watching dozens of mind numbing reaction/theory videos about the Palworld drama... I feel like my brain just drank a healing potion lol. Thank you for this based video :)
You and me both buddy, I even blocked a friend of 15 years over this crap and he hates Pokemon
jeez what did he do @@dreamsoffury8369
That was the most gamer way to explain a thing, and I'm all here for it.
This video is poorly researched. The problem with Palworld is that they literally ripped models straight from Pokemon SW or SV. The fact that they have some designs that resemble Pokemon is not very interesting. This video spent 10 minutes saying basically nothing whilst not even addressing the issue of directly using models made by Gamefreak.
@@SDB_Dev Spreading missinformation intestifies.
Hope any comments gonna say on this video in the future like "This aged like fine wine" Or anything else moment
You really have a talent for explaining complicated laws. Much appreciated the video.
One thing. Stop calling monster tamers "mon-likes"
Tamer games have been around for way way longer than pokemon, and by calling all games "mon-like" your potentially just giving gamefreak more ammo to take these games down in court, since fans are calling games "mon-like" nintendo can then argue through the words of the fan base that these other monster tamers used their intellectual property to popularize their own game hence causing damage to the pokemon brand (no way is it true but it is a defence they can try when everyone is claiming other games are mon like)
I think people also call it mon like because it’s monster
But I still get what your saying
I think the issues stems when many monster collecting game I've seen straight up resembles too much from Pokemon
I just call the this type of genre a “monster” game or a “monster RPG”.
Monster tamers and mon-like are different categories. Any game about taming things is a monster tamer. But only the one primarily inspired by pokemon, like temtem or palworld, are mons-like.
Pokemon is the franchise with the biggest revenue of all, so most people will compare it with any game that has a great resemblance.
Pokemon doesn't own yellow animals.
but they do own one specific yellow animal, which is what you cannot copy
jerry?@@SalemsRising
@@SalemsRising Right they own Pikachu not other yellow animals
They don't. However, when a such massive chunck of the designs of Palword monsters can be directly traced to existing Pokémon, with every and each one from this chunck is still carrying multiple key features from the Pokémon who 'inspired" them... It's not just a happy accident. It's on purpose and even if it's still legal, it's morally outragous to make money after a bearly desguized copy-paste homework. Whatever if the copied licence is Pokémon or any ther monsters-based game.
@@Adrienmon - Dude, they're fantasy animals with mix-matched parts. There's only so much room for reinterpretation.
Anyone can sue for any reason. It's the question whether the assigned judge will dismiss it immediately because they don't see any legal ground the plaintiff could win. If it has at least a possibility of winning and all other methods are exhausted (basically out of court agreement) then it will come to court. Now depending on where they decide to sue, there are different laws. On the ground of copyright law in the US Nintendo would not have a case here and would probably loose unless they could provide evidence they started off (even a single) pokemon design.
The game is published in Europe too, here we have a different set of rules regarding copyright. Nintendo only needs to prove the design is not sufficiently unique and could be mistaken for Pokemon to have a case. For certain designs like Pikachu or the Pokeball Nintendo could even sue based on trademark law (provided they have trademarked those designs, which they almost certainly did for all their cover art pokemon). Trademark law is so strict, that provided there is any similarity Nintendo would win in a blink of an eye. As an example I worked at a company who used a stylized capital T as a logo. T-Mobile sued and won, because T-Mobiles Logo is trademarked. The T in question was a different color, stylized (not a regular typeset letter T like the T-Mobile logo) the company in question was not a mobile network provider and worked in a completely different field.
IMO Nintendo has enough legal ground to endure a long legal battle and they certainly have more lawyers and cash to win even if they loose the case. And if Nintendo feels threatened, they most probably will. But this is a hype that will most likely not last longer than a month.
Nice and informative video, was wondering about this.
Can we however sue them for abandoning their other early acces project called "Craftopia"? Was released 3.5y ago, and hasn't seen any updates in 1.5y, while being less then halfway completed. Wouldn't suprise me if Palworld will shares this fate when the hype dies.
There is a story there. When they initially stated palworld the initial budget was equal to around 10K USD. But they realized just how far they wanted to take the game, around this time they has already put out craftopia for early access. So they have two options either put more effort into craftopia, or put more effort into palworld. They choose palworld, but they did kept working on craftopia here and there. And the funds they earned for craftopia they put a good sum to Palworld, along with loans they had taken out. That is why craftopis was left in early access and on the back burner. Also i dont believe you can sue for a game never coming to full release, because there is no promise that it WILL or at least how long it will take to come to full release.
I don't think they'll abandon Palworld, at least not as long as it has a decent playerbase. This game is much bigger than anything they've made so far and as such the profit from potential DLCs and even more base game sales once it's more polished could be huge.
I believe they especially have a good chance of taking over the rather large ARK playerbase, as it is kinda dying right now.
I think studio ghibli is the one that gonna after them..i saw yellow totoro in the game lol..
Ah, yes, the Electivire fused with Totoro was a bit jarring, but not as jarring as Egyptian Lucario or basically Zoroark.
Heck, Cremis is lterally Eevee.
@@TheShyWhiteMage you mean, markiplier's most smashable pokemon (in theory)?
You can't sue someone for mechanics or genre, just for identity. If they marketed it as an official Pokemon game or same assets, only then can they sue.
Unfortunately some companies have successfully patented some game mechanics, upsetting some other game developers in the process. For example, the "Nemesis" mechanic featured in "Shadow of Mordor." Warner Bros had a big back and forth with the US Patent and Trademark Office about it until they won.
Not true. Warner Brothers has a patent on the Nemesis game mechanic present in Shadow of Mordor, and has sued another company over using said game mechanic. So yes, you can sue someone for mechanics
It's like how Mighty No. 9 and Yooka-Laylee are blatant ripoffs, but are different enough to be their own legally distinct IP.
@@botanistedward none of them won they just drained money out of them and forced settlement. Its time to make Lawyers pay for dragging cases on to suck as much money out as possible. Lets face it its the only reason companies win most of the time against plaintiffs. You sue they drag their feet. They sue they drag their feet both means they win and YOU Lose.
@@botanistedwardThe patent was specific to procedural content generation algorithms. They also failed to win that case. You can sue for anything you want, doesn't mean you'll win. You most likely will get away with copying game mechanics as there's close to no way to protect them. If anything, the patent exists to drain opponents of resources by suing them and dragging it out as long as possible even if they know they won't win, really should make this illegal.
that dirt on the wall made me wipe my screen... then i forgot it was a wall dirt so i wiped my screen again....
totally thought the mark on the wall behind him was a smudge on my screen 😂