Palworld Keeps Drawing More Controversy...

hello guys and gals me mudahar and boy I love talking about pal World especially when it comes to the controversies now I made a video where I talked about the many controversies where we touched upon topics of plagiarism potential Artificial Intelligence being used into the game and of course the history of the actual company pocket pair and their various other video games and how close they are to some of Nintendo's IPS but today there is just more and more controversy on top of it whether it be from the community and whether it be potential legal action that they might be looking at now ladies and gentlemen I assume at this point all of you have probably understood that Pokemon has responded they've got an actual acknowledgement from the Pokemon company so here it is Pokemon company they have a Japanese post here made on the 25th of January so again literally a couple days ago here at this point but the English translation inquiries regarding other companies games we have received many inquiries regarding another company's game released in January 2024 I think we all know what they're talking about ladies and gentlemen they may not mention it by name but this is an actual response they have to make because there are so many Asad babies I have to imagine that they were sending inquiries to Nintendo the Pokemon company their legal department telling them dad somebody's copying you on the streets and Pokemon company's like yeah we we heard it we we heard the thousands of email stop emailing us we get it we have not granted any permission for the use of Pokemon intellectual property or Assets in that game we intend to investigate and take appropriate measures to address any facts that infringe on intellectual property rights relating to Pokemon we will continue to cherish and nurture each and every Pokemon in its world and work to bring the world together through Pokemon in the future kind of a weird way to end things on but ladies and gentlemen clearly this this is a company that as you all know very litigious you know if if a if a starving child in Angola Zer decided you know what before I die I'm going to make a Pokemon game set in my country and they they'll fuddle around with a little ROM hacker here and there and before they even create their first fake modon Nintendo's legal department will already Sue that [ __ ] straight out of the straight straight into the stratosphere okay that's how it works now ladies and gentlemen pal world has been announced like 2 years ago and a lot of the designs they showcased in their game existed 2 years ago and a lot of those designs made it to the final release millions of players are playing did Nintendo threaten litigation then clearly not which is why I believe firmly that they're not going to chase any litigation right now obviously any company is going to investigate if there are potentially stolen assets so this is where I wanted to sit down and kind of really see if maybe they had a case now full disclosure I'm not a lawyer okay I'm just a guy with too much time on the internet looking into things that interest me but I have dealt with enough copyright law on YouTube I have dealt with enough watching over myself in a fair use manner that in some cases I think I have more to offer than the average Andy speaking about the situation if you're a YouTuber you understand fair use and copyright laws you should at least understand them sufficiently enough I know that not everyone does but in the situation you kind of have to and the thing with copyright law is it's complicated okay in fact lawyers that study copyright law will tell you that it is one of the most confusing mindfields the only piece of law that is more confusing than copyright law in my opinion is the internal revenues code okay the IRC that in of itself is an entire [ __ ] other dimension of law but that's me getting off track now Nintendo has started to fire off lawsuits over the situation now this is a channel known as toasted shoes who wrote I modded actual Pokemon into pal world so let's watch this video uhoh the video contains content from Nintendo who has blocked it on copyright grounds now obviously I'm not going to show you what this video is because I don't want the Nintendo N I don't want the Nintendo ninja sometimes you got to look for the sniper laser pointing at your forehead I don't want the Nintendo Ninja the Nintendo assassins John Wick to show up at my house but to give you a quick idea it was po World the game but except replace the main character with Ash Ketchum and all the F all the all the pals with actual Pokemon models okay now whether you look at ROM hacks or fan games Nintendo gets very litigious okay very litigious you have probably seen how many cease and desists exist even for Pokemon games that are entirely created through through user assets meaning no actual game asset was downloaded and used in a product even with Pokemon even with their trademark being used Nintendo will jump in and shut down and cease and assist fan projects now there's been some misinformation about toasted chws and the people behind this uh I've seen some Reports online of them apparently using 3DS assets and porting it over to the actual like mod which I don't see any proof of in fact all of Nintendo's legal work against him has pretty much been dmca his video off of YouTube and Twitter now again if toast to Cho decides to stick his shoe more into the Nintendo [ __ ] heel the Nintendo doodoo pile than I actually can imagine Nintendo would come after him with a serious actual lawsuit which is why if you're an independent developer if you're a content creator Nintendo are H the these are the last toes you ever want to step on legally Nintendo has been in a lot of actual cases over the years one of the more largest ones one of the more iconic ones was back in 1983 when they were going up against Universal City Studios why because of King Kong and Donkey Kong and this was actually one of the sweetest wins for Nintendo where at the time the actual judge had argued Universal acted in bad faith by threatening Nintendo's licenses and that it had no right over the name King Kong or the characters or the story he further held that there were no possibilities for consumers to confuse Nintendo's game and characters with King Kong Donkey Kong is one character King Kong is another and Nintendo's lawyers made sure to make that an actual apparent fact Nintendo actually gets so insane rightfully so in this case when they went up against Blockbuster entertainment Corporation you know why they went up against Blockbuster it wasn't necessarily because of them renting out their video games and possibly biting into the sales quota of Nintendo titles but it was when the actual company over here started to photocopy their game manuals remember back in the day when video games came with those booklets that explained how the game worked before all of that was removed into like PDF files that you would watch on the internet yeah all that would happen back then is Blockbuster you know if you actually happen to have a video game manual lost what they would do is photocopy the manuals for replacement purposes basically Nintendo of America sent a letter of request to Blockbuster telling them [ __ ] you better stop photocopying okay you better stop redistributing our copyrighted game manuals which is absolutely true you can't be doing that it's like copywriting or like basically like uh it's like copying a book and starting to sell it the actual instruction manual is a book in a in a way it's a piece of copyrighted material to sit down and redistribute that and charge a fee is a absolute no no so again Nintendo's got a whole bunch of lawyers about the situation but when it comes to the actual games what we're looking at are trademarks now Nintendo has a lot of trademarks obviously they've got trademarks for their games like Pokemon red Pokemon green blue yellow black brown white gray Scarlet purple crimson and of course even different variations of how these games are written in different stylistic ways but beyond just trademarking the game names obviously even Pokemon are trademarked for instance Pikachu has a full trademark as does Eevee why do these Pokemon have trademark well because these are actually used for a lot of things a for the video games also for things like merchandising if you ever have your character merchandised you're going to have trademarks for it now Pikachu in this case is the most iconic trademark I would say Pikachu is more important than even the Pokemon trademark you want to know why because if you go up to somebody like my mom who doesn't know jack [ __ ] about Pokemon she knows what a Pikachu looks like in fact I would say most people in the world could recognize Pikachu like they recognize Mickey Mouse even if you don't have any idea what a Pokemon is you've seen Pikachu represented in many pieces of media you've seen it iconically enough everywhere so for a trademark to exist obviously Nintendo is going to put it out there and trademarks from my understanding have to be protected basically any company and it's not just Nintendo will fight tooth and nail to protect their trademarks if they don't do it then it kind of creates an image where every other big company or any company really can jump in and start using their product okay so let's Whittle this back all right I've been going off on a few tangents going over some of Nintendo's history why does this tie back to Pal world of all things and the controversy surrounding it so obviously Nintendo is investigating for any forms of copyright infringement now I've seen a few people say that pal world could be a parody and I don't really see any of that to give you an idea of what a parody is I I would say Grand Theft Auto is a parody in of itself it's a parody of modern-day United States and it's a parody that consists of various well-known Brands s sazed into an open world this is a portion from the GTA 5 gameplay trailer which contains one p line that you should borrow into your heads when we're talking about things like parody a sprawling satirical reimagining of modern Southern California so here they've actually straight up mentioned that we are creating a modern realistic uh representation satirical of Southern California which includes the city of Los Angeles obviously sazed as Los Santos and many iconic landmarks right like if you play GTA 5 you'll recognize pretty much shot forsh shot locations that again are reflected in the city of Los Angeles so that famous Hollywood sign which I can't show you because I'm going to get [ __ ] copyright struck if I show you that sign Vine would exist as a satirical representation you want to go down Sunset Boulevard well Rockstar has their own version of that Beverly Hills scratch that dog we call it Rockford Hills and again these are just satirical representations of a real world location but with Grand Theft Auto's case one thing that looks very similar are their cars now if you ever play GTA 5 or any Grand Theft Auto game you'll notice that their ver their cars represent roughly a real world vehicle so they'll have their versions of a Lamborghini they'll have their versions of a Ferrari Honda so on and so forth one example I'll mention is the Ryden now this car over here is obviously if you know anything about Vehicles looks to represent a Tesla Model S now this is a vehicle that I'm sure if you sat down in a courtroom you might be able to say that yeah they probably aped the design of a real Tesla right here but again this is a parody representation in fact a lot of the cars that Grand Theft Auto has that they're par in often times take aspects from multiple vehicles and sort of conglomerate them into one thing you know if you look at a Lamborghini in GTA 5 very closely it doesn't exactly match a real represented version of a real Lamborghini it may take elements of a Lamborghini from the front it may take elements from a Pagani from the back a Ferrari somewhere else until it eventually becomes its own vehicle and then you get into something interesting regarding fair use which is exactly where the story is kind of going to for me now for Pokemon company to actually go after these guys and potentially think of investigating and protecting their suits if poor is not a parody which it doesn't really indicate anywhere that it is a parody of the Pokemon franchise in fact the way that it Go gets away from my understanding in regards to trademark laws is instead of obviously using the term Pokemon it uses power world its own distinctive name instead of using the trademarks of actual po Pokémon it uses different names in fact the designs are different enough that uh they're obviously not aping actual trademark Pokémon at no point in all of the hund and I think 10 Pals do you find something that resembles shot for shot a Pikachu even if you took a Pikachu and just changed its color around like you made a red Pikachu you would still be violating Nintendo trademarks and Nintendo being as litigious as they are I can bet you within 24 hours of this game's release if they found a model that they knew was actually aped from their own trademarks this game would have been shut down the fact that it hasn't shows me that obviously Nintendo doesn't really have a case and they're not willing to go pursue this remember Nintendo does not care about the public perception they already outsell this game like what five to one they don't care about its impact on them however what they do care about is is if something is aped from them trademark maybe a model is ripped they will shut you down and again they have the legal right to do so so obviously fair use now fair use has four actual determining factors so one of them is the purpose and character of your use then it's the nature of the copyrighted work the amount and substantiality of the portion taken and the effect of the use upon the potential market so in this situation I want to go over all four of them really quickly just to give you a quick idea of at least my understanding of what arguments work for pal world and what arguments actually Nintendo could use to their advantage now again I'm not a lawyer so please feel free to correct me if you do have legal background on copyright law so when it comes to the purpose and character of the use courts are going to in my opinion my understanding favor actual transformative design and I will say pal world has enough transformation to Warrant a unique product it's not exact onetoone reproductions in fact nothing ow World from my analysis is a one toone copy yes there are heavy Inspirations but even if you're looking at like the GTA example that I have I'm sure many car manufacturers could take Rockstar to court if they feel that yes their designs are getting aped but I believe Rockstar like power does enough transformation so that the product becomes its own unique thing and this aspect of fair use couldn't be challenged in court now the other thing is the nature of the the copyrighted work and this is where I think Nintendo genuinely has a chance because from my understanding when it comes to creative Works creative copyrighted Works especially designs courts tend to actually in my opinion put greater protection towards actual artistic designs and that might be the only Boon Nintendo has the rest of these two points can be honestly a tossup so for instance the amount and substantiality of that portion that is taken now to understand because po world has like Pokemon that look similar it's like the GTA example I gave earlier when you use portions of like copyrighted works it could be a situation where you're actually infringing on the copyright of each of these works but then it becomes a situation as hey you're using an eighth of these products so are you really aping these products or maybe it's not infringing in general because you've used little tiny bits of everything from multiple different people to create this one giant product but again I'm not a lawyer I think this could still be argued in the favor of Nintendo but as it stands right now I think pal world has the winning HomeField Advantage now when it comes to the final thing the effect of the use upon the market this one I actually believe pal world has in its Court to understand Pokemon games are designed to be familyfriendly in nature pal world is a game with obvious violence you've got assault rifles pistols the actual Market that this game is catering to is not in the same field that Pokemon is so the effect that it has on the marketplace can honestly be argued and given the sales figures of a Pokemon game I don't think they're actually hurting obviously if these people are directly stealing or directly impacting the you know Market that Nintendo has maybe that case could be made but you could also just say that maybe people choose to buy this game because it's cheaper and it appears to have far more quality put into it than whatever game freak is pulling out one of the other interesting lawsuits that I found in this situation was one known as Tetris Holdings LLC versus Z interactive so this is a situation where like I actually had found out just now that gameplay can't be copyrighted however in this situation I found something known as the squinting test so basically the judge in this situation judge wolson actually had said uh right in this situation that while the gameplay of metet is not copyrightable all right if you scroll all the way down over here wolson explained that the court should compare the games as they would appear to a Layman by concentrating upon the gross features rather than an examination of minuche essentially comparing the game's respective look and feel wolson further wrote If one has to squint to find distinctions only at a granular level then the works are likely to be substantially similar now maybe Nintendo could look at this say if you squint maybe the models if you have to squint to find differences between certain models of official Pokemon and Pals maybe that case could be made again at the end of the day I'm only looking at this from the United States perspective of copyright law I haven't even touched upon Japanese interpretation of copyright laws or whatever their fair use equivalent if they even have that exists so yeah is a pal world at risk of Pokemon honestly it is so complicated that we could honestly dive I would love to see this lawsuit I really would just because it would be such an interesting tossup to see who would win at the end of the day ladies and gentlemen what it comes down to is the controversy surrounding this game has caused so much hoopla that we are literally reporting an independent developer to a multi-billion dollar company trying to protect this multi-billion dollar company when in reality poor has proven that game freak should just or the Pokemon company should get out of their ass and actually create a substantial product if they want to maintain their dominance to the world in in in in in the pocket monster collecting genre that's really all it comes down to if it's one thing pal world did in amongst all of its mashing up is that at least it brought people together to at least question why Nintendo can't even provide a quarter of this game's value ladies and gentlemen this is me mudahar and if you like what you saw please like comment and subscribe dislike it if you dislike it I am out

Channel: SomeOrdinaryGamers

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Id: 29VGtTp1_G8

Length: 20min 2sec (1202 seconds)

Published: Tue Jan 30 2024