• nous@programming.dev
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    2 days ago

    I don’t think this is the win we want. Sounds like palwprld change the game to no longer infringe on Nintendo copyright claims. So Nintendo can no longer seek an injunction. They are still seeking damages.

    I really want to see the copyright claims be challenged in court so we know where we stand. Rather then the continual settling out of court because Nintendo has more money.

    It doesn’t sound like Nintendo are on track to win or lose this. Just Palworld changed the game to limit the impact of the lawsuit. Which is in a way a small win for Nintendo.

    • SleeplessCityLights@programming.dev
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      7 hours ago

      It is Japanese copyright court, so it’s a clusterfuck and loosely makes sense. Nintendo won’t lose and PocketPair won’t win. It will be some shit decision in the middle.

    • sp3ctr4l@lemmy.dbzer0.com
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      2 days ago

      The ‘copyright claims’ (patent violations, actually) are currently being challenged in court, that is… what the lawsuits are about.

      They are also not settling out of court… they’re in court already. Meaning that the eventual settlement will be that adjuctated by the courts.

      Given the total extent of damages and violations that Nintendo was originally claiming… and Nintendo’s reputation as a litigious legal juggernaut…

      The common expectation, when this all started, was that Nintendo would be able to functionally sue PalWorld out of existence.

      That is not what seems likely to happen.

      Instead, it looks like PalWorld is going to walk away from this with some scrapes and bruises, but mostly intact, Nintendo is having to massively scale back the extent of violations and damages they claiming, because basically, their legal foundation for much of it was dubious.

      Yeah, not a total victory for PalWorld, but surviving at all is an incredible victory, in context.

      Part of why it is an incredible victory is that it shows that Nintendo can be successfully fought in court, and you can come out intact… as opposed to just being afraid and conceeding to their demands, assuming you would certainly lose in court.