Why Hasn’t “Palworld,” a Game that Plagiarizes Multiple Gameplay Styles, Been Sued?
“Palworld” combines various gameplay mechanics, including survival gameplay from Ark, monster hunting from Monster Hunter, companion acquisition from Pokémon, building from Minecraft, and the exploitation of life as a game. Additionally, the design of the game’s 3D character models, called “Palus,” clearly shows traces of Pokémon inspiration. Some of them are a fusion of two Pokémon, while others are nearly identical.
Therefore, when the game was released, many people believed that “Palworld,” which plagiarizes multiple gameplay styles, would surely be sued by major game companies. However, this assumption is clearly a misunderstanding of copyright law because gameplay mechanics are considered “concepts” and are not within the scope of protection under copyright law.
So why is it safer to plagiarize various games?
When does plagiarism between different games constitute copyright infringement? It must involve “substantial similarity” in the “content” of the game itself, such as visuals, music, art, script, and computer programs, which are the elements that make up the game.
Therefore, when “Palworld” is accused of plagiarizing various games, the entire game of “Palworld” actually does not constitute “substantial similarity” because it only resembles specific games in certain parts. So please stop saying that the game’s patchwork nature constitutes plagiarism because it is actually safe.
But does each individual “Palu” character in “Palworld” constitute infringement? This is worth discussing. First, these “Palu” monsters can be divided into three categories.
The first category is original monsters created for Palworld, such as the mischievous cat in the Pokedex entry 002. These do not constitute infringement.
Mischievous cat, an original monster created for Palworld.
Then there is the second category, which includes highly similar monsters like the cloud deer in Pokedex entry 093, which bears a striking resemblance to Pokémon’s Stantler in terms of color scheme, appearance, and accessories. I believe Nintendo’s legal department should take action against this “Palu.”
Cloud deer.
Finally, the most controversial category is the AI fusion type, such as the sea dragon in Pokedex entry 082, which is clearly a fusion of Pokémon’s Dragonair and Suicune. The sea dragon’s resemblance to Dragonair’s head shape and Suicune’s distinctive blue stripes, along with Dragonair’s standard pearl on the tail, is evident.
Sea dragon, a clear fusion of Pokémon’s Dragonair and Suicune.
Looking back, we can say that the modified work differs greatly from the original reference and incorporates the creator’s new ideas, so there is room for “fair use.”
In the age of AI, should the threshold for “fair use” be raised?
However, in the current era of rampant AI-generated fusion images, these types of works can be easily created with just a click of a button, whereas in the past, artists would have to spend time and effort to complete them. In this context, should the threshold for establishing “fair use” be raised?
In my opinion, Nintendo’s legal department should take legal action against these fusion-type Palus, as it would be highly significant for determining the standards of “fair use.”
In the past, when considering fair use, only points such as the purpose of the allegedly infringed work, the nature of the work itself, the similarity between the works (analyzing both quality and quantity), and the market impact were taken into account. But now, the difficulty of creation should also be considered.
If the allegedly infringed work is simply a result of a simple one-click image fusion (like the sea dragon in Pokedex entry 082), then the applicability of “fair use” should be limited.
The advent of AI significantly reduces the difficulty of creating derivative works, especially in an era where individuals can perform AI computations on their personal computers. In the future, we will undoubtedly see more AI-generated works based on popular IPs.
From the fact that “Palworld” achieved high-quality and highly complete art design in a very short period of time, to the presence of specific Palus that are clearly a fusion of specific Pokémon characters, it can be reasonably inferred that AI has significantly saved on the game’s development costs. The development of works that utilize AI for adaptations will be highly linked to the practical standards of “fair use.”
Opinion articles present diverse views and do not represent the stance of “WEB3+.”
Proofreading editor: Gao Jingyuan
