Palworld's 'Plagiarism' Controversy. Lawyer: 'Clear Effort to Make Sure it Didn't Look the Same.'
Is Palworld plagiarism, or even an obvious 'rip-off' of Pokemons? The case has been analyzed by lawyers and other, stern, law people.
To say that Palworld has become popular is an understatement. The gaming community has been closely watching as the game from Pocketpair Studio, like a steamroller, crushes the next big titles on Steam. The situation - which may seem like a dream for the developers - is, in fact, controversial.
The undeniable resemblance of the titular "pals" to the adorable Pokemon has led some to argue that it borders on plagiarism. The specter of a possible lawsuit from Nintendo, which owns the rights to the brand, encouraged Rock Paper Shotgun journalists to seek advice from an experienced lawyer.
According to Tim Cotton, a media law expert with over 22 years of experience, Pocketpair has no reason to worry because Pokemon and Palworld "are sufficiently different that there's no problem." According to the lawyer, "Someone's been very careful, I think, to make sure that it doesn't appear to be the same." Cotton believes that even small differences in international law shouldn't impact how a court might approach the matter.
Richard Hoeg of Hoeg Law also spoke on the issue of alleged plagiarism. In his post on X, he wrote:
Anybody can sue anyone for any reason. So I can't tell you what Nintendo will or won't do about Palworld. I can tell you, however, that they'd have a tough time winning on any infringement claim that isn't arguing a direct design copy.
He then added that "the game itself is a Minecraft, Zelda, Monster Hunter mash-up unlike anything Pokémon has put forth so there's no winning there," so he doesn't see an obvious win here.
Similarity isn't a coincidence
"Experienced AAA game designers" interviewed by the VGC editorial team have a different opinion about "pals." One of them, based on the analysis of character models from Pocketpair and Pokemon Scarlet and Violet by an Internet user with the nickname byofrog, claimed that "You cannot, in any way, accidentally get the same proportions on multiple models from another game without ripping the models. Or at the very least, tracing them meticulously first."
To give you an idea of how impossible this is, sometimes we have to copy one mesh to another when we make sequels to games, for example, redrawing an NPC from one game to another, and even when we rework those old models, they only SOMETIMES match this closely due to rigging [preparing the object for animation] changes that might need to happen.
There have been times when dozens of artists are given the same concept art to create a 3D model. I've seen 30 artists try to make the same horse using the exact schematics. None were as close to each other as these Palworld models are to the Pokémon models. None. The silhouettes and proportions here are near-perfect matches - explained the designer.
Below you can see the mentioned analysis by byofrog using the example of a model created from Palworld with Pokemon Luxray.
You and your cousin have exactly the same proportions. #Palworld @Pokemon (Luxray model from Scarlet and Violet) - wrote the internet user suggesting plagiarism.
Gold dust for the lawyers
Intellectual property and digital media lawyer David Hansel explained in an interview with VGC that these model comparisons could be a strong ally for Nintendo in a possible court battle with Pocketpair.
It's down to Nintendo to absolutely prove copying, not merely taking influence. It's got to be obvious copying: you look at one picture, and you look at the other alongside it. The industry would've come to an end years ago if you weren't allowed to take influence. You can't have a monopoly on a certain style of artwork. It literally has to be copying. The Pokémon Company will be looking for a smoking gun, and [these 3D model videos] could be gold dust for the lawyers, because they're not just thematically similar. From what those videos show, it could be extremely compelling evidence of copying - he explained.
If the resemblance alone doesn't convince Nintendo to take legal action against Pocketpair, the fact that Palworld is referred to as "Pokemon with guns" may do. Associating their brand with firearms may be harmful to the company.
Actually, that could potentially be a ground for them to sue them. That they are distorting [people's impressions of Pokémon], because of the similarity to Pokémon, although not a direct copy of it, they're almost implying that Pokémon are happy to endorse the gun culture that Pals are doing. That could be an avenue for Nintendo to go down to sue them - added Hansel.
Luxuray isn't the only creature whose inspiration is clearly visible in Palworld. A certain internet user (who clearly loves Pokemon) created a comparison of "pals" with their Nintendo counterparts. Here is what she came up with (on the left "pals," on the right Pokemon):
Pocketpair denies
As you might guess, Pocketpair representatives firmly denied that they were copying Nintendo's ideas. The CEO of the company also revealed that Palworld has been legally accepted and no other corporation has taken any action against the brand (via Automaton).
Therefore, our only option is to be patient and watch the situation unfold.
Palworld entered early access four days ago and has already been distributed in over 6 million copies. The game also became the third most popular title in Steam's history. The game is available on PC, Xbox One, and Xbox Series X/S (it's also available in Game Pass).
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