Nintendo reportedly strengthens its stance on patent laws, arguing that mods are not genuine games, in a dispute over a Dark Souls 3 mod that could potentially undermine its ongoing Palworld lawsuit.
In a significant turn of events, Nintendo has initiated a lawsuit against Poki, the developer of the upcoming game Palworld. The lawsuit, which was filed last year, revolves around a patent Nintendo holds, and Poki's defence hinges on the concept of prior art.
In Japanese patent law, as defined in Article 29, the conditions for patentability are stringent. However, courts in Japan have a strong history, as stated by IP attorney Kirk Sigmon last September, of siding with patent lawsuit defendants who can present examples of prior art.
Poki is hoping to demonstrate that Nintendo was granted a patent on ideas that had already been deployed in game design. To support their claim, they are using examples of mods, such as Pocket Souls for Dark Souls 3, which they argue demonstrate prior art.
Nintendo's legal team, however, argues that mods do not count as prior art. Their rationale is that mods are not 'real' games, a stance that, if accepted, could potentially create a world where a developer of a 'real' game could patent gameplay mechanics inspired by a mod and use it against the mod's creator.
If successful, this argument could make it possible for a developer to patent ideas that had already been deployed in game design. This is bad news for modders, as it could potentially imperil them. In fact, instances such as Garry's Mod having to remove Nintendo-related items from Steam Workshop due to legal action by Nintendo, and Breath of the Wild multiplayer modders being forced to shut down development due to similar legal action, highlight the potential consequences.
If accepted by the Tokyo District Court, Nintendo's argument could invalidate their own patent, a development that would have far-reaching implications for the gaming industry. It could set a precedent that protects modders and encourages innovation, allowing game mechanics and designs to evolve without the fear of patent infringement.
The ongoing Poki lawsuit and Nintendo's patent story has been reported on by videogame patent law site Games Fray last week. As the case progresses, the gaming community will be watching closely to see how the courts rule on the role of mods in patent law.
