Nintendo argued that mods made by users should not be considered earlier art.
Nintendo’s claim seems to be an attempt to block Pocketpair before using the popular Pokémon mods as proof that the patented franchise game was already presented in other games in other games.
The argument presented by the Nintend-Rightly that Mods requires a separate basic game for functioning, so they are not art themselves-they have brought eyebrows in the gaming industry, as well as among Pokémon fans, and many suggest that this may have far-reaching consequences if they are accepted by a judge.
Writing Games fightwho first informed about the development, the game industry reporter and legal analyst Florian Mueller described the suggestion that ideas or innovations in the game presented in mods were not profitable as earlier art as something as something that showed “complete disregard for the huge creativity” of many moders of mods.
In addition, and perhaps more disturbing from a legal perspective, if accepted, the decision may potentially open the door to the mods considered to be a “honest game” for patent thieves who could come in and include the same ideas in the full game releases – which would then be protected.
“Patents are a special monopoly awarded by the rule of the world to encourage a creative invention,” said Ign, a business lawyer and creator of the virtual podcast of legality Richard Hoeg. “If something already exists in the world, a new person cannot claim that he has invented and obtained this protection.
“We call everything that already exists” entrepreneurship “, and it would be absurd to release any game of the game from this category simply because of how it is in the software. The access mechanism should not really matter. It exists that it makes it non-novel in the world, and therefore we are not protected. We don’t give monopoly to second place. “
Will Nintendo succeed with the claim? Mueller suggests that this is unlikely because the courts usually reject any attempt to narrow down what can be considered an earlier art – and Nintendo has a “extreme position” here. But time will tell because the claim shows no signs of ending.
While Nintendo’s legal threats are continued, Pocketpair is busy with the preparation of BIG 1.0 Palworld, at some point in 2026. In the meantime, development focuses on removing “Jank” from the game, communication director and head of the publishing house John “Bucky” Buckley said at the beginning of this week, although the smaller winter update is still planned.
Tom Phillips is the editor of Ign. You can reach Tom at tom_phillips@ign.com or find him on BlueSky @tomphillipseg.bsky.Social
