Nintendo and Pocketpair, the developer of Palworld, are at the center of a legal dispute that could change the future of modding. The lawsuit is based on three Japanese patents that Nintendo believes have been infringed, but the most controversial part concerns the company's position on amateur modifications.
According to court documents, Nintendo demands that mods not be considered evidence that an idea or mechanic existed before the patent was filed. This strict position, if accepted, would deprive modders of any official recognition and legal protection.
Critics have already reacted sharply: expert Florian Müller called Nintendo's approach "almost offensive," pointing out that the company devalues the creativity of modders and ignores their contribution to the development of games. Examples include MOBAs from Warcraft 3 and battle royales from amateur experiments. If Nintendo wins, such ideas could be actively patented by corporations, leaving the authors without rights.
Pocketpair cites examples like Pocket Souls (a Dark Souls 3 mod with Pokémon elements) to show that the disputed mechanics existed before 2021. Nintendo, however, argues that mods cannot be considered a prototype because they depend on the base game. One of Nintendo's patents was even expanded during the case, which slowed down the process and caused new disputes.
The consequences go beyond Palworld: if the court supports Nintendo, modders will have to patent every innovation, which is practically impossible for independent authors. In the US, for example, a company that patents a mechanic within a year of the mod's release obtains the rights to it. The court decision could set a precedent, changing the boundaries between amateur innovation and industrial property. The trial in Tokyo is likely to last until the end of the year.
